difficult challenge in Georgia

2018"A facial challenge to a legislative Act is, of course, the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the Act would be valid." United States v. Salerno , 481 U.S. 739 , 745, 107 S.Ct. 2095 , 95 L.Ed.2d 697 (1987) ; see Bello v. State , 300 Ga. 682 , 685-686, 797 S.E.2d 882 (2017).

2018"A facial challenge to a legislative Act is, of course, the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the Act would be valid." United States v. Salerno , 481 U.S. 739 , 745, 107 S.Ct. 2095 , 95 L.Ed.2d 697 (1987) ; see Bello v. State , 300 Ga. 682 , 685-686, 797 S.E.2d 882 (2017).

2019"A facial challenge is, of course, the most difficult challenge to mount successfully because it requires one to establish that no set of circumstances exists under which the statute would be valid, i.e., that the law is unconstitutional in all of its applications, or at least that the statute lacks a plainly legitimate sweep." (Citations and punctuation omitted.) Bello v. State , 300 Ga. 682 , 685-686, 797 S.E.2d 882 (2017).

2019"A facial challenge is, of course, the most difficult challenge to mount successfully because it requires one to establish that no set of circumstances exists under which the statute would be valid, i.e., that the law is unconstitutional in all of its applications, or at least that the statute lacks a plainly legitimate sweep." (Citations and punctuation omitted.) Bello v. State , 300 Ga. 682 , 685-686, 797 S.E.2d 882 (2017).

2017A facial challenge “is, of course, the most difficult challenge to mount successfully,” United States v. Salerno, 481 U. S. 739, 745 (II) ( 107 SCt 2095 , 95 LE2d 697) (1987), because it requires one to establish “that no set of circumstances exists under which the statute would be valid, i.e., that the law is unconstitutional in all of its applications, or at least that the statute lacks a plainly legitimate sweep.” Blevins v. Dade County Bd. of Tax Assessors, 288 Ga. 113, 118 (3) ( 702 SE2d 145 ) (2010) (citation and punctuation omitted).

2017A facial challenge “is, of course, the most difficult challenge to mount successfully,” United States v. Salerno, 481 U. S. 739, 745 (II) ( 107 SCt 2095 , 95 LE2d 697) (1987), because it requires one to establish “that no set of circumstances exists under which the statute would be valid, i.e., that the law is unconstitutional in all of its applications, or at least that the statute lacks a plainly legitimate sweep.” Blevins v. Dade County Bd. of Tax Assessors, 288 Ga. 113, 118 (3) ( 702 SE2d 145 ) (2010) (citation and punctuation omitted).

2026“This Court does not have to analyze all elements of the plain-error test where an appellant fails to establish one of them.” Payne v. State, 314 Ga. 322, 325 (2022).

2026“This Court does not have to analyze all elements of the plain-error test where an appellant fails to establish one of them.” Payne v. State, 314 Ga. 322, 325 (2022).

2026As we have noted, affirmatively establishing all four prongs “is a difficult standard to satisfy.” Id. at 665 (quotation marks omitted). 13 if the identification satisfies OCGA § 24-7-701 (a) (Rule 701 (a)).” Lee v. State, 322 Ga. 44 , 59 (2025).

2026As we have noted, affirmatively establishing all four prongs “is a difficult standard to satisfy.” Id. at 665 (quotation marks omitted). 13 if the identification satisfies OCGA § 24-7-701 (a) (Rule 701 (a)).” Lee v. State, 322 Ga. 44 , 59 (2025).

2018See State v. Kelly , supra, 290 Ga. at 33 (2) (a), 718 S.E.2d 232 .

2018See State v. Kelly , supra, 290 Ga. at 33 (2) (a), 718 S.E.2d 232 .

2018And as we have explained, except in the context of certain First Amendment challenges, "one whose own conduct may constitutionally be proscribed cannot challenge a law on the ground that it might conceivably be applied unconstitutionally to others." Hourin v. State , 301 Ga. 835 , 837, 804 S.E.2d 388 (2017) ; see Catoosa Cty. v. R.N.

2018And as we have explained, except in the context of certain First Amendment challenges, "one whose own conduct may constitutionally be proscribed cannot challenge a law on the ground that it might conceivably be applied unconstitutionally to others." Hourin v. State , 301 Ga. 835 , 837, 804 S.E.2d 388 (2017) ; see Catoosa Cty. v. R.N.

2018"A facial challenge to a legislative Act is, of course, the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the Act would be valid." United States v. Salerno , 481 U.S. 739 , 745, 107 S.Ct. 2095 , 95 L.Ed.2d 697 (1987) ; see Bello v. State , 300 Ga. 682 , 685-686, 797 S.E.2d 882 (2017).

2018See also United States v. Salerno , 481 U.S. 739 , 745, 107 S.Ct. 2095 , 95 L.Ed.2d 697 (1987) ("A facial challenge to a legislative Act is, of course, the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the Act would be valid.").

2026(Citations and punctuation omitted.) Thomas v. State, 297 Ga. 750, 752-753 (2) ( 778 SE2d 168 ) (2015).

2026(Citations and punctuation omitted.) Thomas v. State, 297 Ga. 750, 752-753 (2) ( 778 SE2d 168 ) (2015).

2024The video was not as prejudicial as the majority opinion holds. “[I]n reviewing issues under Rule 403, we look at the evidence in a light most favorable to its admission, maximizing its probative value and minimizing its undue prejudicial impact.” Lee v. State, 318 Ga. 412, 419 (4) (c) ( 897 SE2d 856 ) (2024) (citation and punctuation omitted).

2024The video was not as prejudicial as the majority opinion holds. “[I]n reviewing issues under Rule 403, we look at the evidence in a light most favorable to its admission, maximizing its probative value and minimizing its undue prejudicial impact.” Lee v. State, 318 Ga. 412, 419 (4) (c) ( 897 SE2d 856 ) (2024) (citation and punctuation omitted).

2021Moreover, “[t]o prevail on this argument requires [appellant] affirmatively to establish all four prongs of the plain error test, which is a difficult standard to satisfy.” Stepp-McCommons, 309 Ga. at 405.

2021Moreover, “[t]o prevail on this argument requires [appellant] affirmatively to establish all four prongs of the plain error test, which is a difficult standard to satisfy.” Stepp-McCommons, 309 Ga. at 405 (citation and punctuation omitted).

2021See id. at 488 (explaining that the appellant’s “failure to make the evidence known to the court . . . all but dooms his claim under plain error review”).

2021See id. at 488 (explaining that the appellant’s “failure to make the evidence known to the court . . . all but dooms his claim under plain error review”).

2020“To prevail on this argument requires [Stepp-McCommons] affirmatively to establish all four prongs of the plain error test, which is a difficult standard to satisfy.” Reed v. State, 304 Ga. 400, 405 (3) ( 819 SE2d 44 ) (2018).

2020“To prevail on this argument requires [Stepp-McCommons] affirmatively to establish all four prongs of the plain error test, which is a difficult standard to satisfy.” Reed v. State, 304 Ga. 400, 405 (3) ( 819 SE2d 44 ) (2018).

2017See generally Board of Commissioners of Effingham County , supra at 824 (2), 493 S.E.2d 21 .

2017See Court of Appeals Rule 25; Leone v. Green Tree Servicing, LLC, 311 Ga. App. 702, 704 (1) ( 716 SE2d 720 ) (2011). 13 “enormous variety of fact situations,” requiring a difficult inquiry, and there is no “bright-line” standard that would have put a reasonable employer on notice of a constitutional violation under these facts.

2017See Court of Appeals Rule 25; Leone v. Green Tree Servicing, LLC, 311 Ga. App. 702, 704 (1) ( 716 SE2d 720 ) (2011). 13 “enormous variety of fact situations,” requiring a difficult inquiry, and there is no “bright-line” standard that would have put a reasonable employer on notice of a constitutional violation under these facts.