offense violation (Georgia) · Go Syfert
← Georgia issues

offense violation in Georgia

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.

Followed or applied (23)

CaseFollowedCited
In the Interest of RJgreen
gactapp · 1989 · cited in 2 Georgia opinions naming this issue, 2013–2013
2 sentences

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).

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).

22
In Re WNJgreen
gactapp · 2004 · cited in 2 Georgia opinions naming this issue, 2013–2013
2 sentences

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.

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.

22
United States v. Benzgreen
scotus · 1931 · cited in 1 Georgia opinions naming this issue, 2025–2025
2 sentences

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

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

11
United States v. Burson Augustingreen
ca11 · 2011 · cited in 1 Georgia opinions naming this issue, 2018–2018
1 sentence

2018See 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).

11
United States v. Kohringgreen
ca9 · 2011 · cited in 1 Georgia opinions naming this issue, 2018–2018
1 sentence

2018See 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).

11
Martin v. Stategreen
gactapp · 1988 · cited in 1 Georgia opinions naming this issue, 2016–2016
2 sentences

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).

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).

11
Chancey v. Stategreen
ga · 1986 · cited in 1 Georgia opinions naming this issue, 2016–2016
2 sentences

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).

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).

11
Duncan v. Louisianagreen
scotus · 1968 · cited in 1 Georgia opinions naming this issue, 2003–2003
2 sentences

2003See 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).

11
Diamond v. Stategreen
gactapp · 1979 · cited in 1 Georgia opinions naming this issue, 2002–2002
2 sentences

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.

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.

11
Fricks v. Stategreen
gactapp · 1993 · cited in 1 Georgia opinions naming this issue, 1997–1997
2 sentences

1997Fricks 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.

11
Hobbs v. Stategreen
ga · 1972 · cited in 1 Georgia opinions naming this issue, 1992–1992
2 sentences

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).

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).

11
Caffo v. Stategreen
ga · 1981 · cited in 1 Georgia opinions naming this issue, 1983–1983
2 sentences

1983See 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 ).

11
Rachel v. Stategreen
ga · 1981 · cited in 1 Georgia opinions naming this issue, 1983–1983
2 sentences

1983See 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 ).

11
Brand v. Brandgreen
ga · 1979 · cited in 1 Georgia opinions naming this issue, 1981–1981
1 sentence

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 ).

11
Driggers v. Stategreen
ga · 1979 · cited in 1 Georgia opinions naming this issue, 1981–1981
1 sentence

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 ).

11
Jones v. Stategreen
gactapp · 1980 · cited in 1 Georgia opinions naming this issue, 1981–1981
2 sentences

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 ).

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 ).

11
Moses v. Stategreen
ga · 1980 · cited in 1 Georgia opinions naming this issue, 1981–1981
2 sentences

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 ).

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 ).

11
Payne v. Stategreen
gactapp · 1979 · cited in 1 Georgia opinions naming this issue, 1980–1980
2 sentences

1980Payne 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 ).

11
Whatley v. Stategreen
gactapp · 1979 · cited in 1 Georgia opinions naming this issue, 1980–1980
2 sentences

1980Payne 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 ).

11
Richardson v. Stategreen
gactapp · 1977 · cited in 1 Georgia opinions naming this issue, 1978–1978
2 sentences

1978See 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 ).

11
Armstrong v. United Statesgreen
scotus · 1960 · cited in 1 Georgia opinions naming this issue, 1966–1966
11
Bibb County v. Hancockgreen
ga · 1955 · cited in 1 Georgia opinions naming this issue, 1966–1966
2 sentences

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 ).

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 ).

11
Taylor v. Stategreen
gactapp · 1913 · cited in 1 Georgia opinions naming this issue, 1941–1941
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (28)

CaseCitedYears
Blockburger v. United States green
scotus · 1931
2 sentences

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 .

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 .

12023–2023
Texas v. Cobb green
scotus · 2001
1 sentence

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 .

12023–2023
Leslie v. State green
gactapp · 1994
1 sentence

1995Leslie v. State, 211 Ga. App. 871, 872 , supra. 2.

11995–1995
Bryant v. State green
gactapp · 1982
2 sentences

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.

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.

11984–1984
Forehand v. State green
ga · 1975
2 sentences

1982Harwell 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).

11982–1982
Harwell v. State green
ga · 1973
2 sentences

1982Harwell 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).

11982–1982
Sanders v. State green
ga · 1980
2 sentences

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 ).

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 ).

11981–1981
Jenkins v. Jones green
ga · 1953
2 sentences

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

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

11972–1972
Steed v. State green
ga · 1905
11966–1966
Cæsar v. State green
ga · 1907
11966–1966
Threlkeld v. State green
ga · 1907
11966–1966
Godwin v. State green
ga · 1905
11966–1966
Riggins v. State neutral
ga · 1929
11966–1966
Durham v. State neutral
ga · 1933
11966–1966
Brown v. State green
gactapp · 1944
2 sentences

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 ).

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 ).

11966–1966
Ferguson v. Georgia green
scotus · 1961
11962–1962
Elam v. Johnson green
ga · 1873
11955–1955
Delk v. State green
ga · 1896
11955–1955
Childers v. State green
ga · 1874
11951–1951
Blakely v. State green
gactapp · 1948
11951–1951
Ware v. State green
gactapp · 1910
11941–1941
Spence v. State green
gactapp · 1910
11941–1941
Register v. State green
gactapp · 1911
11941–1941
Callahan v. State green
gactapp · 1914
11941–1941
Coleman v. State green
gactapp · 1914
11941–1941
Wagoner v. State green
gactapp · 1936
11941–1941
Westmoreland v. State green
· 1872
11935–1935
Lee v. State green
ga · 1897
11901–1901

Where else courts name it

TX 265 (1896–2026) CA 126 (1894–2025) IL 121 (1947–2025) OH 120 (1966–2026) IN 106 (1931–2020) MO 88 (1902–2024) FL 56 (1931–2025) KS 53 (1909–2026) WA 49 (1971–2026) TN 47 (1916–2026) VA 42 (1922–2025) MI 35 (1971–2026) OR 31 (1964–2026) PA 30 (1924–2025) NY 29 (1952–2024) GA 26 (1901–2025) NC 25 (1973–2024) NJ 23 (1949–2024) AZ 22 (1923–2025) AL 21 (1915–2025) LA 20 (1951–2023) CO 18 (1982–2026) NM 18 (1975–2025) MN 17 (1945–2016) CT 16 (1957–2020) MA 16 (1977–2023) HI 15 (1952–2013) DC 14 (1979–2024) AR 14 (1877–2021) ID 13 (1952–2026) MD 12 (1977–2022) WI 11 (1908–2025) ND 9 (1912–2023) WV 9 (1961–2023) VT 8 (1994–2018) NE 8 (1977–2025) OK 8 (1911–2019) IA 8 (1871–2018) MT 8 (1951–2025) KY 7 (1917–2016) WY 7 (1977–2000) NH 6 (1971–2017) AK 6 (1982–1996) MS 5 (2001–2025) UT 5 (1993–2015) NV 4 (1994–2011) RI 4 (1970–2017) VI 3 (2012–2014) SD 3 (1987–2018) ME 2 (1998–2000)

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.

← Caselaw search · G Cite Topics · Brief Check