26 Georgia opinions name it 2 courts 1901–2025 2 in the last five years
The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
In the Interest of RJgreen2 sentences2013J., 191 Ga. App. at 715 (3) (“public’s right to know the events and the outcome” of the case weighed in favor of community’s interest in having case transferred). 2013J., 191 Ga. App. at 715 (3) (“public’s right to know the events and the outcome” of the case weighed in favor of community’s interest in having case transferred). | 2 | 2 |
In Re WNJgreen2 sentences2013N. J., 268 Ga. App. 637, 641 (2) ( 602 SE2d 173 ) (2004) (severity of the offense and fact that juvenile was the instigator of the offense were factors weighing in favor of community’s interest in having case transferred); In the Interest of R. 2013N. J., 268 Ga. App. 637, 641 (2) ( 602 SE2d 173 ) (2004) (severity of the offense and fact that juvenile was the instigator of the offense were factors weighing in favor of community’s interest in having case transferred); In the Interest of R. | 2 | 2 |
United States v. Benzgreen2 sentences2025But we review de novo the trial court’s application of the law to undisputed facts.”2 So viewed, the record shows that Maddox was indicted for aggravated child molestation and child molestation, and he pled guilty to two counts of child molestation.3 The only facts proffered by the State during the plea hearing 1 See United States v. Benz, 282 U. S. 304, 307 ( 51 SCt 113 , 75 LEd 354 ) (1931) (“The distinction that the court during the same term may amend a sentence so as to mitigate the punishment, but not so as to increase it, is not based upon the ground that the court has lost control of t 2025But we review de novo the trial court’s application of the law to undisputed facts.”2 So viewed, the record shows that Maddox was indicted for aggravated child molestation and child molestation, and he pled guilty to two counts of child molestation.3 The only facts proffered by the State during the plea hearing 1 See United States v. Benz, 282 U. S. 304, 307 ( 51 SCt 113 , 75 LEd 354 ) (1931) (“The distinction that the court during the same term may amend a sentence so as to mitigate the punishment, but not so as to increase it, is not based upon the ground that the court has lost control of t | 1 | 1 |
United States v. Burson Augustingreen1 sentence2018See also United States v. Augustin , 661 F.3d 1105 , 1123 (V) (A) (11th Cir. 2011) (" (E)xpert testimony expressly stating an opinion as to the defendant's state of mind at the time of the offense is barred by rule 704(b).") (citation and punctuation omitted; emphasis added); United States v. Kohring , 637 F.3d 895 , 911 (5) (A) (9th Cir. 2011) ("Rule 704(b) applies only to expert witnesses.") (emphasis in original). | 1 | 1 |
United States v. Kohringgreen1 sentence2018See also United States v. Augustin , 661 F.3d 1105 , 1123 (V) (A) (11th Cir. 2011) (" (E)xpert testimony expressly stating an opinion as to the defendant's state of mind at the time of the offense is barred by rule 704(b).") (citation and punctuation omitted; emphasis added); United States v. Kohring , 637 F.3d 895 , 911 (5) (A) (9th Cir. 2011) ("Rule 704(b) applies only to expert witnesses.") (emphasis in original). | 1 | 1 |
Martin v. Stategreen2 sentences2016Chancey v. State, 256 Ga. 415, 433 ( 349 SE2d 717 ) (1986); see Martin v. State, 189 Ga. App. 483, 496-497 ( 376 SE2d 888 ) (1988) (multiplicitous indictment and multiple punishments in violation of double jeopardy may be addressed and set aside even if not raised on appeal). 2016Chancey v. State, 256 Ga. 415, 433 ( 349 SE2d 717 ) (1986); see Martin v. State, 189 Ga. App. 483, 496-497 ( 376 SE2d 888 ) (1988) (multiplicitous indictment and multiple punishments in violation of double jeopardy may be addressed and set aside even if not raised on appeal). | 1 | 1 |
Chancey v. Stategreen2 sentences2016Chancey v. State, 256 Ga. 415, 433 ( 349 SE2d 717 ) (1986); see Martin v. State, 189 Ga. App. 483, 496-497 ( 376 SE2d 888 ) (1988) (multiplicitous indictment and multiple punishments in violation of double jeopardy may be addressed and set aside even if not raised on appeal). 2016Chancey v. State, 256 Ga. 415, 433 ( 349 SE2d 717 ) (1986); see Martin v. State, 189 Ga. App. 483, 496-497 ( 376 SE2d 888 ) (1988) (multiplicitous indictment and multiple punishments in violation of double jeopardy may be addressed and set aside even if not raised on appeal). | 1 | 1 |
Duncan v. Louisianagreen2 sentences2003See Duncan v. Louisiana, 391 U.S. 145 , 88 S.Ct. 1444 , 20 L.Ed.2d 491 (1968). 2003See Duncan v. Louisiana, 391 U.S. 145 , 88 S.Ct. 1444 , 20 L.Ed.2d 491 (1968). | 1 | 1 |
Diamond v. Stategreen2 sentences2002And in Diamond v. State, 151 Ga. App. 690, 691 (1) ( 261 SE2d 434 ) (1979), we held that the State Court of Chatham County had jurisdiction to try a misdemeanor traffic offense occurring within the city limits of Savannah, even where the offense was also a violation of a city ordinance. 2002And in Diamond v. State, 151 Ga. App. 690, 691 (1) ( 261 SE2d 434 ) (1979), we held that the State Court of Chatham County had jurisdiction to try a misdemeanor traffic offense occurring within the city limits of Savannah, even where the offense was also a violation of a city ordinance. | 1 | 1 |
Fricks v. Stategreen2 sentences1997Fricks v. State, 210 Ga. App. 562, 563 (2) ( 436 SE2d 752 ) (1993); Duke v. State, supra at 690. 1997Fricks v. State, 210 Ga. App. 562, 563 (2) ( 436 SE2d 752 ) (1993); Duke v. State, supra at 690. | 1 | 1 |
Hobbs v. Stategreen2 sentences1992Defendant next claims that she was placed in jeopardy more than once for the same offense in violation of the 1983 Constitution of the State of Georgia. “[I]n a criminal proceeding, the pendency of a former indictment for the same offense is no ground for a plea in abatement or in bar, although the accused may have been arraigned thereon and have filed a plea .... [W]here several indictments for the same offense are pending against the same person, it is immaterial upon which he is first tried.” (Punctuation and citations omitted.) Hobbs v. State, 229 Ga. 556, 557 (2) ( 192 SE2d 903 ) (1972). 1992Defendant next claims that she was placed in jeopardy more than once for the same offense in violation of the 1983 Constitution of the State of Georgia. “[I]n a criminal proceeding, the pendency of a former indictment for the same offense is no ground for a plea in abatement or in bar, although the accused may have been arraigned thereon and have filed a plea .... [W]here several indictments for the same offense are pending against the same person, it is immaterial upon which he is first tried.” (Punctuation and citations omitted.) Hobbs v. State, 229 Ga. 556, 557 (2) ( 192 SE2d 903 ) (1972). | 1 | 1 |
Caffo v. Stategreen2 sentences1983See Rachel v. State, 247 Ga. 130, 131 (1) ( 274 SE2d 475 ); Caffo v. State, 247 Ga. 751, 754 ( 279 SE2d 678 ). 1983See Rachel v. State, 247 Ga. 130, 131 (1) ( 274 SE2d 475 ); Caffo v. State, 247 Ga. 751, 754 ( 279 SE2d 678 ). | 1 | 1 |
Rachel v. Stategreen2 sentences1983See Rachel v. State, 247 Ga. 130, 131 (1) ( 274 SE2d 475 ); Caffo v. State, 247 Ga. 751, 754 ( 279 SE2d 678 ). 1983See Rachel v. State, 247 Ga. 130, 131 (1) ( 274 SE2d 475 ); Caffo v. State, 247 Ga. 751, 754 ( 279 SE2d 678 ). | 1 | 1 |
Brand v. Brandgreen1 sentence1981See Driggers v. State, 244 Ga. 160, 161 (1) ( 259 SE2d 133 ); Moses v. State, 245 Ga. 180, 181 (1) ( 263 SE2d 916 ); Sanders v. State, 246 Ga. 42 (1) ( 268 SE2d 628 ); Jones v. State, 154 Ga. App. 806, 807 (1) ( 270 SE2d 201 ). | 1 | 1 |
Driggers v. Stategreen1 sentence1981See Driggers v. State, 244 Ga. 160, 161 (1) ( 259 SE2d 133 ); Moses v. State, 245 Ga. 180, 181 (1) ( 263 SE2d 916 ); Sanders v. State, 246 Ga. 42 (1) ( 268 SE2d 628 ); Jones v. State, 154 Ga. App. 806, 807 (1) ( 270 SE2d 201 ). | 1 | 1 |
Jones v. Stategreen2 sentences1981See Driggers v. State, 244 Ga. 160, 161 (1) ( 259 SE2d 133 ); Moses v. State, 245 Ga. 180, 181 (1) ( 263 SE2d 916 ); Sanders v. State, 246 Ga. 42 (1) ( 268 SE2d 628 ); Jones v. State, 154 Ga. App. 806, 807 (1) ( 270 SE2d 201 ). 1981See Driggers v. State, 244 Ga. 160, 161 (1) ( 259 SE2d 133 ); Moses v. State, 245 Ga. 180, 181 (1) ( 263 SE2d 916 ); Sanders v. State, 246 Ga. 42 (1) ( 268 SE2d 628 ); Jones v. State, 154 Ga. App. 806, 807 (1) ( 270 SE2d 201 ). | 1 | 1 |
Moses v. Stategreen2 sentences1981See Driggers v. State, 244 Ga. 160, 161 (1) ( 259 SE2d 133 ); Moses v. State, 245 Ga. 180, 181 (1) ( 263 SE2d 916 ); Sanders v. State, 246 Ga. 42 (1) ( 268 SE2d 628 ); Jones v. State, 154 Ga. App. 806, 807 (1) ( 270 SE2d 201 ). 1981See Driggers v. State, 244 Ga. 160, 161 (1) ( 259 SE2d 133 ); Moses v. State, 245 Ga. 180, 181 (1) ( 263 SE2d 916 ); Sanders v. State, 246 Ga. 42 (1) ( 268 SE2d 628 ); Jones v. State, 154 Ga. App. 806, 807 (1) ( 270 SE2d 201 ). | 1 | 1 |
Payne v. Stategreen2 sentences1980Payne v. State, 151 Ga. App. 165, 166 ( 259 SE2d 168 ); Whatley v. State, 151 Ga. App. 174, 175 ( 259 SE2d 175 ). 1980Payne v. State, 151 Ga. App. 165, 166 ( 259 SE2d 168 ); Whatley v. State, 151 Ga. App. 174, 175 ( 259 SE2d 175 ). | 1 | 1 |
Whatley v. Stategreen2 sentences1980Payne v. State, 151 Ga. App. 165, 166 ( 259 SE2d 168 ); Whatley v. State, 151 Ga. App. 174, 175 ( 259 SE2d 175 ). 1980Payne v. State, 151 Ga. App. 165, 166 ( 259 SE2d 168 ); Whatley v. State, 151 Ga. App. 174, 175 ( 259 SE2d 175 ). | 1 | 1 |
Richardson v. Stategreen2 sentences1978See Richardson v. State, 144 Ga. App. 416, 417 (2) ( 240 SE2d 917 ). 1978See Richardson v. State, 144 Ga. App. 416, 417 (2) ( 240 SE2d 917 ). | 1 | 1 |
| Armstrong v. United Statesgreen | 1 | 1 |
Bibb County v. Hancockgreen2 sentences1966"While Georgia has no statute requiring the appointment of counsel for an accused unable to employ his own counsel, this court has construed the constitutional provision that every person charged with an offense shall have the privilege and benefit of counsel to mean that, if said accused is not financially able to employ counsel and desires the court to appoint one to represent him, the court must do so, and failure to do so violates his constitutional right to benefit of counsel." Bibb County v. Hancock, 211 Ga. 429, 436 ( 86 SE2d 511 ). 1966"While Georgia has no statute requiring the appointment of counsel for an accused unable to employ his own counsel, this court has construed the constitutional provision that every person charged with an offense shall have the privilege and benefit of counsel to mean that, if said accused is not financially able to employ counsel and desires the court to appoint one to represent him, the court must do so, and failure to do so violates his constitutional right to benefit of counsel." Bibb County v. Hancock, 211 Ga. 429, 436 ( 86 SE2d 511 ). | 1 | 1 |
| Taylor v. Stategreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Blockburger v. United States
green
2 sentences2023Further, when the Sixth Amendment attaches, it includes offenses that, even if not formally charged, would be considered the same offense under the test set forth in Blockburger v. United States, 284 U. S. 299 ( 52 SCt 180 , 76 LE2d 306) (1932): “where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not.” Cobb, 532 U. S. at 173 . 2023Further, when the Sixth Amendment attaches, it includes offenses that, even if not formally charged, would be considered the same offense under the test set forth in Blockburger v. United States, 284 U. S. 299 ( 52 SCt 180 , 76 LE2d 306) (1932): “where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not.” Cobb, 532 U. S. at 173 . | 1 | 2023–2023 |
Texas v. Cobb
green
1 sentence2023Further, when the Sixth Amendment attaches, it includes offenses that, even if not formally charged, would be considered the same offense under the test set forth in Blockburger v. United States, 284 U. S. 299 ( 52 SCt 180 , 76 LE2d 306) (1932): “where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not.” Cobb, 532 U. S. at 173 . | 1 | 2023–2023 |
Leslie v. State
green
1 sentence1995Leslie v. State, 211 Ga. App. 871, 872 , supra. 2. | 1 | 1995–1995 |
Bryant v. State
green
2 sentences1984In Bryant v. State, 164 Ga. App. 543 ( 298 SE2d 272 ), decided November 24, 1982, the defendant in the case sub judice obtained a reversal of his conviction of “motor vehicle theft.” The record in the case sub judice discloses that Count 1 of Indictment Number 15,526 charged the. defendant with the offense of a violation of the Georgia Controlled Substances Act for the possession of a quantity of amphetamine. 1984In Bryant v. State, 164 Ga. App. 543 ( 298 SE2d 272 ), decided November 24, 1982, the defendant in the case sub judice obtained a reversal of his conviction of “motor vehicle theft.” The record in the case sub judice discloses that Count 1 of Indictment Number 15,526 charged the. defendant with the offense of a violation of the Georgia Controlled Substances Act for the possession of a quantity of amphetamine. | 1 | 1984–1984 |
Forehand v. State
green
2 sentences1982Harwell v. State, 230 Ga. 480 (1) ( 197 SE2d 708 ) (1973); Forehand v. State, 235 Ga. 295 (3) ( 219 SE2d 378 ) (1975). 1982Harwell v. State, 230 Ga. 480 (1) ( 197 SE2d 708 ) (1973); Forehand v. State, 235 Ga. 295 (3) ( 219 SE2d 378 ) (1975). | 1 | 1982–1982 |
Harwell v. State
green
2 sentences1982Harwell v. State, 230 Ga. 480 (1) ( 197 SE2d 708 ) (1973); Forehand v. State, 235 Ga. 295 (3) ( 219 SE2d 378 ) (1975). 1982Harwell v. State, 230 Ga. 480 (1) ( 197 SE2d 708 ) (1973); Forehand v. State, 235 Ga. 295 (3) ( 219 SE2d 378 ) (1975). | 1 | 1982–1982 |
Sanders v. State
green
2 sentences1981See Driggers v. State, 244 Ga. 160, 161 (1) ( 259 SE2d 133 ); Moses v. State, 245 Ga. 180, 181 (1) ( 263 SE2d 916 ); Sanders v. State, 246 Ga. 42 (1) ( 268 SE2d 628 ); Jones v. State, 154 Ga. App. 806, 807 (1) ( 270 SE2d 201 ). 1981See Driggers v. State, 244 Ga. 160, 161 (1) ( 259 SE2d 133 ); Moses v. State, 245 Ga. 180, 181 (1) ( 263 SE2d 916 ); Sanders v. State, 246 Ga. 42 (1) ( 268 SE2d 628 ); Jones v. State, 154 Ga. App. 806, 807 (1) ( 270 SE2d 201 ). | 1 | 1981–1981 |
Jenkins v. Jones
green
2 sentences1972Sess. 1953, pp. 556-623) as the same exists or may be amended.” The ordinance further provided that, "Any person charged with an offense in violation of this section shall be brought before the recorder’s court for trial, and the forfeiture of any bond or collateral posted by any such person shall not be accepted in satisfaction of said offense; provided, however, any such person when brought before said recorder’s court shall then and there have the right to elect to have said charge treated as a State offense, and upon waiving commitment, the recorder shall summarily fix his bond and bind hi 1972Sess. 1953, pp. 556-623) as the same exists or may be amended.” The ordinance further provided that, "Any person charged with an offense in violation of this section shall be brought before the recorder’s court for trial, and the forfeiture of any bond or collateral posted by any such person shall not be accepted in satisfaction of said offense; provided, however, any such person when brought before said recorder’s court shall then and there have the right to elect to have said charge treated as a State offense, and upon waiving commitment, the recorder shall summarily fix his bond and bind hi | 1 | 1972–1972 |
| Steed v. State green | 1 | 1966–1966 |
| Cæsar v. State green | 1 | 1966–1966 |
| Threlkeld v. State green | 1 | 1966–1966 |
| Godwin v. State green | 1 | 1966–1966 |
| Riggins v. State neutral | 1 | 1966–1966 |
| Durham v. State neutral | 1 | 1966–1966 |
Brown v. State
green
2 sentences1966Caesar v. State, 127 Ga. 710 ( 57 SE 66 ); Steed v. State, 123 Ga. 569 ( 51 SE 627 ); Threlkeld v. State, 128 Ga. 660 ( 58 SE 49 ); Riggins v. State, 169 Ga. 583 (2) ( 151 SE 15 ); Durham v. State, 177 Ga. 744 ( 171 SE 265 ); Brown v. State, 71 Ga. App. 522 (2) ( 31 SE2d 85 ). 1966Caesar v. State, 127 Ga. 710 ( 57 SE 66 ); Steed v. State, 123 Ga. 569 ( 51 SE 627 ); Threlkeld v. State, 128 Ga. 660 ( 58 SE 49 ); Riggins v. State, 169 Ga. 583 (2) ( 151 SE 15 ); Durham v. State, 177 Ga. 744 ( 171 SE 265 ); Brown v. State, 71 Ga. App. 522 (2) ( 31 SE2d 85 ). | 1 | 1966–1966 |
| Ferguson v. Georgia green | 1 | 1962–1962 |
| Elam v. Johnson green | 1 | 1955–1955 |
| Delk v. State green | 1 | 1955–1955 |
| Childers v. State green | 1 | 1951–1951 |
| Blakely v. State green | 1 | 1951–1951 |
| Ware v. State green | 1 | 1941–1941 |
| Spence v. State green | 1 | 1941–1941 |
| Register v. State green | 1 | 1941–1941 |
| Callahan v. State green | 1 | 1941–1941 |
| Coleman v. State green | 1 | 1941–1941 |
| Wagoner v. State green | 1 | 1941–1941 |
| Westmoreland v. State green | 1 | 1935–1935 |
| Lee v. State green | 1 | 1901–1901 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.