marital privilege in Georgia

24 Georgia opinions name it 2 courts 1983–2024 1 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 (30)

Case	Followed	Cited
Brown v. Stategreen gactapp · 1991 · cited in 2 Georgia opinions naming this issue, 2016–2016 2 sentences 2016See Brown v. State, 199 Ga. App. 188, 189 (1) ( 404 SE2d 469 ) (1991). 2016See Brown v. State, 199 Ga. App. 188, 189 (1) ( 404 SE2d 469 ) (1991).	2	2
White v. Stategreen gactapp · 1994 · cited in 2 Georgia opinions naming this issue, 1996–2002 2 sentences 2002See also White v. State, 211 Ga. App. 694, 695 (2) ( 440 SE2d 68 ) (1994) (when the defendant’s wife voluntarily takes the stand and testifies, it is presumed that she has waived the marital privilege). 2002See also White v. State, 211 Ga. App. 694, 695 (2) ( 440 SE2d 68 ) (1994) (when the defendant’s wife voluntarily takes the stand and testifies, it is presumed that she has waived the marital privilege).	2	2
Colson v. Stategreen gactapp · 1976 · cited in 2 Georgia opinions naming this issue, 1985–2005 2 sentences 1985See Colson v. State, 138 Ga. App. 366, 369 (13) ( 226 SE2d 154 ) (1976). “[T]he exercise of the marital privilege reflects directly upon the marital partner. . . .” Casper v. State, 244 Ga. 689, 693 ( 261 SE2d 629 ) (1979). 1985See Colson v. State, 138 Ga. App. 366, 369 (13) ( 226 SE2d 154 ) (1976). “[T]he exercise of the marital privilege reflects directly upon the marital partner. . . .” Casper v. State, 244 Ga. 689, 693 ( 261 SE2d 629 ) (1979).	1	2
Higgs v. Stategreen ga · 1987 · cited in 2 Georgia opinions naming this issue, 1999–1999 2 sentences 1999Higgs v. State, 256 Ga. 606, 608 (4), 351 S.E.2d 448 (1987). 1999Higgs v. State, 256 Ga. 606, 608 (4), 351 S.E.2d 448 (1987).	1	2
Adams v. Stategreen ga · 1990 · cited in 1 Georgia opinions naming this issue, 2024–2024 2 sentences 2024See also e.g., Adams v. State, 260 Ga. 298, 300 (2) (392 SE2d 866) (1990) (holding that a trial court’s decision concerning the marital privilege is reviewed for an abuse of discretion); Etowah Environment Group, LLC v. Walsh, 333 Ga. App. 464, 475 (3) (774 SE2d 220) (2015) (noting that appellate courts review a trial court’s decision as to the application of the attorney- client privilege for abuse of discretion). 2024See also e.g., Adams v. State, 260 Ga. 298, 300 (2) (392 SE2d 866) (1990) (holding that a trial court’s decision concerning the marital privilege is reviewed for an abuse of discretion); Etowah Environment Group, LLC v. Walsh, 333 Ga. App. 464, 475 (3) (774 SE2d 220) (2015) (noting that appellate courts review a trial court’s decision as to the application of the attorney- client privilege for abuse of discretion).	1	1
Premier Pediatric Providers, LLC v. Kennesaw Pediatrics, P.Cgreen ga · 2024 · cited in 1 Georgia opinions naming this issue, 2024–2024 2 sentences 2024Under the abuse-of- discretion standard, the trial court “is afforded substantial deference that allows for a range of permissible outcomes, as long as that discretionary decision is based on a correct understanding of the law and facts.” Premier Pediatric Providers, LLC v. Kennesaw 18 Pediatrics, P.C., 318 Ga. 350, 359 (3) (898 SE2d 481) (2024) (citation omitted). 2024Under the abuse-of- discretion standard, the trial court “is afforded substantial deference that allows for a range of permissible outcomes, as long as that discretionary decision is based on a correct understanding of the law and facts.” Premier Pediatric Providers, LLC v. Kennesaw 18 Pediatrics, P.C., 318 Ga. 350, 359 (3) (898 SE2d 481) (2024) (citation omitted).	1	1
ETOWAH ENVIRONMENTAL GROUP, LLC v. WALSH Et Al.green gactapp · 2015 · cited in 1 Georgia opinions naming this issue, 2024–2024 2 sentences 2024See also e.g., Adams v. State, 260 Ga. 298, 300 (2) (392 SE2d 866) (1990) (holding that a trial court’s decision concerning the marital privilege is reviewed for an abuse of discretion); Etowah Environment Group, LLC v. Walsh, 333 Ga. App. 464, 475 (3) (774 SE2d 220) (2015) (noting that appellate courts review a trial court’s decision as to the application of the attorney- client privilege for abuse of discretion). 2024See also e.g., Adams v. State, 260 Ga. 298, 300 (2) (392 SE2d 866) (1990) (holding that a trial court’s decision concerning the marital privilege is reviewed for an abuse of discretion); Etowah Environment Group, LLC v. Walsh, 333 Ga. App. 464, 475 (3) (774 SE2d 220) (2015) (noting that appellate courts review a trial court’s decision as to the application of the attorney- client privilege for abuse of discretion).	1	1
Cocroft v. Cocroftgreen ga · 1924 · cited in 1 Georgia opinions naming this issue, 2011–2011 2 sentences 2011Thus it has been decided that an eavesdropper or a wiretapper is not incompetent to testify to the communications he overhears. [Cit.] See also Cocroft v. Cocroft, 158 Ga. 714, 719 ( 124 SE 346 ) (1924) (Discussing the marital privilege, and noting that if a couple is unsuccessful in keeping secret that which they intend to be confidential, the fact that they intended confidentiality will not prevent the testimony of one who hears the confidence.). 2011Thus it has been decided that an eavesdropper or a wiretapper is not incompetent to testify to the communications he overhears. [Cit.] See also Cocroft v. Cocroft, 158 Ga. 714, 719 ( 124 SE 346 ) (1924) (Discussing the marital privilege, and noting that if a couple is unsuccessful in keeping secret that which they intend to be confidential, the fact that they intended confidentiality will not prevent the testimony of one who hears the confidence.).	1	1
Hall v. Stategreen gactapp · 2008 · cited in 1 Georgia opinions naming this issue, 2009–2009 2 sentences 2009Burton, Assistant District Attorney, for appellee. 1 (Citation and punctuation omitted.) Dugger v. State, 260 Ga. App. 843 ( 581 SE2d 655 ) (2003). 2 (Citation and punctuation omitted.) Id. at 848 (3). 3 Ingram v. State, 262 Ga. App. 304, 307 (4) (a) ( 585 SE2d 211 ) (2003) (“where a spouse takes the stand and testifies voluntarily, it is presumed that she has waived the marital privilege”). 4 Webb v. State, 284 Ga. 122, 127 (5) ( 663 SE2d 690 ) (2008). 5 See Smith v. State, 254 Ga. App. 107, 108 (1) ( 561 SE2d 232 ) (2002). 6 Id. 7 Id. 8 Hall v. State, 292 Ga. App. 544, 548 (2) ( 664 SE2d 882 2009Burton, Assistant District Attorney, for appellee. 1 (Citation and punctuation omitted.) Dugger v. State, 260 Ga. App. 843 ( 581 SE2d 655 ) (2003). 2 (Citation and punctuation omitted.) Id. at 848 (3). 3 Ingram v. State, 262 Ga. App. 304, 307 (4) (a) ( 585 SE2d 211 ) (2003) (“where a spouse takes the stand and testifies voluntarily, it is presumed that she has waived the marital privilege”). 4 Webb v. State, 284 Ga. 122, 127 (5) ( 663 SE2d 690 ) (2008). 5 See Smith v. State, 254 Ga. App. 107, 108 (1) ( 561 SE2d 232 ) (2002). 6 Id. 7 Id. 8 Hall v. State, 292 Ga. App. 544, 548 (2) ( 664 SE2d 882	1	1
Ingram v. Stategreen gactapp · 2003 · cited in 1 Georgia opinions naming this issue, 2009–2009 2 sentences 2009Burton, Assistant District Attorney, for appellee. 1 (Citation and punctuation omitted.) Dugger v. State, 260 Ga. App. 843 ( 581 SE2d 655 ) (2003). 2 (Citation and punctuation omitted.) Id. at 848 (3). 3 Ingram v. State, 262 Ga. App. 304, 307 (4) (a) ( 585 SE2d 211 ) (2003) (“where a spouse takes the stand and testifies voluntarily, it is presumed that she has waived the marital privilege”). 4 Webb v. State, 284 Ga. 122, 127 (5) ( 663 SE2d 690 ) (2008). 5 See Smith v. State, 254 Ga. App. 107, 108 (1) ( 561 SE2d 232 ) (2002). 6 Id. 7 Id. 8 Hall v. State, 292 Ga. App. 544, 548 (2) ( 664 SE2d 882 2009Burton, Assistant District Attorney, for appellee. 1 (Citation and punctuation omitted.) Dugger v. State, 260 Ga. App. 843 ( 581 SE2d 655 ) (2003). 2 (Citation and punctuation omitted.) Id. at 848 (3). 3 Ingram v. State, 262 Ga. App. 304, 307 (4) (a) ( 585 SE2d 211 ) (2003) (“where a spouse takes the stand and testifies voluntarily, it is presumed that she has waived the marital privilege”). 4 Webb v. State, 284 Ga. 122, 127 (5) ( 663 SE2d 690 ) (2008). 5 See Smith v. State, 254 Ga. App. 107, 108 (1) ( 561 SE2d 232 ) (2002). 6 Id. 7 Id. 8 Hall v. State, 292 Ga. App. 544, 548 (2) ( 664 SE2d 882	1	1
Webb v. Stategreen ga · 2008 · cited in 1 Georgia opinions naming this issue, 2009–2009 2 sentences 2009Burton, Assistant District Attorney, for appellee. 1 (Citation and punctuation omitted.) Dugger v. State, 260 Ga. App. 843 ( 581 SE2d 655 ) (2003). 2 (Citation and punctuation omitted.) Id. at 848 (3). 3 Ingram v. State, 262 Ga. App. 304, 307 (4) (a) ( 585 SE2d 211 ) (2003) (“where a spouse takes the stand and testifies voluntarily, it is presumed that she has waived the marital privilege”). 4 Webb v. State, 284 Ga. 122, 127 (5) ( 663 SE2d 690 ) (2008). 5 See Smith v. State, 254 Ga. App. 107, 108 (1) ( 561 SE2d 232 ) (2002). 6 Id. 7 Id. 8 Hall v. State, 292 Ga. App. 544, 548 (2) ( 664 SE2d 882 2009Burton, Assistant District Attorney, for appellee. 1 (Citation and punctuation omitted.) Dugger v. State, 260 Ga. App. 843 ( 581 SE2d 655 ) (2003). 2 (Citation and punctuation omitted.) Id. at 848 (3). 3 Ingram v. State, 262 Ga. App. 304, 307 (4) (a) ( 585 SE2d 211 ) (2003) (“where a spouse takes the stand and testifies voluntarily, it is presumed that she has waived the marital privilege”). 4 Webb v. State, 284 Ga. 122, 127 (5) ( 663 SE2d 690 ) (2008). 5 See Smith v. State, 254 Ga. App. 107, 108 (1) ( 561 SE2d 232 ) (2002). 6 Id. 7 Id. 8 Hall v. State, 292 Ga. App. 544, 548 (2) ( 664 SE2d 882	1	1
Smith v. Stategreen gactapp · 2002 · cited in 1 Georgia opinions naming this issue, 2009–2009 2 sentences 2009Burton, Assistant District Attorney, for appellee. 1 (Citation and punctuation omitted.) Dugger v. State, 260 Ga. App. 843 ( 581 SE2d 655 ) (2003). 2 (Citation and punctuation omitted.) Id. at 848 (3). 3 Ingram v. State, 262 Ga. App. 304, 307 (4) (a) ( 585 SE2d 211 ) (2003) (“where a spouse takes the stand and testifies voluntarily, it is presumed that she has waived the marital privilege”). 4 Webb v. State, 284 Ga. 122, 127 (5) ( 663 SE2d 690 ) (2008). 5 See Smith v. State, 254 Ga. App. 107, 108 (1) ( 561 SE2d 232 ) (2002). 6 Id. 7 Id. 8 Hall v. State, 292 Ga. App. 544, 548 (2) ( 664 SE2d 882 2009Burton, Assistant District Attorney, for appellee. 1 (Citation and punctuation omitted.) Dugger v. State, 260 Ga. App. 843 ( 581 SE2d 655 ) (2003). 2 (Citation and punctuation omitted.) Id. at 848 (3). 3 Ingram v. State, 262 Ga. App. 304, 307 (4) (a) ( 585 SE2d 211 ) (2003) (“where a spouse takes the stand and testifies voluntarily, it is presumed that she has waived the marital privilege”). 4 Webb v. State, 284 Ga. 122, 127 (5) ( 663 SE2d 690 ) (2008). 5 See Smith v. State, 254 Ga. App. 107, 108 (1) ( 561 SE2d 232 ) (2002). 6 Id. 7 Id. 8 Hall v. State, 292 Ga. App. 544, 548 (2) ( 664 SE2d 882	1	1
Mafnas v. Stategreen gactapp · 1979 · cited in 1 Georgia opinions naming this issue, 2009–2009 2 sentences 2009Burton, Assistant District Attorney, for appellee. 1 (Citation and punctuation omitted.) Dugger v. State, 260 Ga. App. 843 ( 581 SE2d 655 ) (2003). 2 (Citation and punctuation omitted.) Id. at 848 (3). 3 Ingram v. State, 262 Ga. App. 304, 307 (4) (a) ( 585 SE2d 211 ) (2003) (“where a spouse takes the stand and testifies voluntarily, it is presumed that she has waived the marital privilege”). 4 Webb v. State, 284 Ga. 122, 127 (5) ( 663 SE2d 690 ) (2008). 5 See Smith v. State, 254 Ga. App. 107, 108 (1) ( 561 SE2d 232 ) (2002). 6 Id. 7 Id. 8 Hall v. State, 292 Ga. App. 544, 548 (2) ( 664 SE2d 882 2009Burton, Assistant District Attorney, for appellee. 1 (Citation and punctuation omitted.) Dugger v. State, 260 Ga. App. 843 ( 581 SE2d 655 ) (2003). 2 (Citation and punctuation omitted.) Id. at 848 (3). 3 Ingram v. State, 262 Ga. App. 304, 307 (4) (a) ( 585 SE2d 211 ) (2003) (“where a spouse takes the stand and testifies voluntarily, it is presumed that she has waived the marital privilege”). 4 Webb v. State, 284 Ga. 122, 127 (5) ( 663 SE2d 690 ) (2008). 5 See Smith v. State, 254 Ga. App. 107, 108 (1) ( 561 SE2d 232 ) (2002). 6 Id. 7 Id. 8 Hall v. State, 292 Ga. App. 544, 548 (2) ( 664 SE2d 882	1	1
Ohio v. Robertsred scotus · 1980 · cited in 1 Georgia opinions naming this issue, 2006–2006 1 sentence 2006In reaching this conclusion, the Supreme Court overruled Ohio v. Roberts, 448 U. S. 56, 66 (100 SC 2531, 65 LE2d 597) (1980), which had permitted such statements if the trial court found them “reliable.” The court reviewed the history of the Confrontation Clause and distinguished between “testimonial” statements, given in contemplation of trial such as statements to police, as the victim’s was in this case, and “nontestimonial” statements, which include business records or excited utterances and are not subject to the same requirements.	1	1
Chancey v. Stategreen ga · 1986 · cited in 1 Georgia opinions naming this issue, 1998–1998 2 sentences 1998OCGA § 24-9-23 (a); Chancey v. State, 256 Ga. 415, 437 ( 349 SE2d 717 ) (1986), cert. denied, 481 U. S. 1029 (107 SC 1954, 95 LE2d 527) (1987). 1998OCGA § 24-9-23 (a); Chancey v. State, 256 Ga. 415, 437 ( 349 SE2d 717 ) (1986), cert. denied, 481 U. S. 1029 (107 SC 1954, 95 LE2d 527) (1987).	1	1
Conyers v. Stategreen ga · 1982 · cited in 1 Georgia opinions naming this issue, 1997–1997 2 sentences 1997“The decision of the trial court as to the fact question of the existence vel non of a common-law marriage, should not be disturbed on appeal if there is any evidence to support its finding.” Conyers v. State, 249 Ga. 438, 441 ( 291 SE2d 709 ) (1982). 1997“The decision of the trial court as to the fact question of the existence vel non of a common-law marriage, should not be disturbed on appeal if there is any evidence to support its finding.” Conyers v. State, 249 Ga. 438, 441 ( 291 SE2d 709 ) (1982).	1	1
Luallen v. Stategreen ga · 1996 · cited in 1 Georgia opinions naming this issue, 1996–1996 2 sentences 1996See Luallen v. State, 266 Ga. 174 (5), 465 S.E.2d 672 (1996). 1996See Luallen v. State, 266 Ga. 174 (5), 465 S.E.2d 672 (1996).	1	1
Dixon v. Stategreen gactapp · 1995 · cited in 1 Georgia opinions naming this issue, 1995–1995 2 sentences 1995At trial, “[t]he party asserting a common law marriage must prove its existence to a preponderance of the evidence.” Dixon v. State, 217 Ga. App. 267, 268 (1) ( 456 SE2d 758 ); cf. Brantley v. State, 262 Ga. 786, 792 (7) (d) ( 427 SE2d 758 ) (not unconstitutional to place burden of proving insanity or mental illness on defendant); Johnson v. State, 209 Ga. App. 514, 516 (2) ( 433 SE2d 717 ) (burden upon defendant to show incompetency by a preponderance of the evidence). 1995At trial, “[t]he party asserting a common law marriage must prove its existence to a preponderance of the evidence.” Dixon v. State, 217 Ga. App. 267, 268 (1) ( 456 SE2d 758 ); cf. Brantley v. State, 262 Ga. 786, 792 (7) (d) ( 427 SE2d 758 ) (not unconstitutional to place burden of proving insanity or mental illness on defendant); Johnson v. State, 209 Ga. App. 514, 516 (2) ( 433 SE2d 717 ) (burden upon defendant to show incompetency by a preponderance of the evidence).	1	1
Overcash v. Stategreen ga · 1977 · cited in 1 Georgia opinions naming this issue, 1995–1995 2 sentences 1995As a “grant of immunity does not operate to compel one spouse to testify against another” (Stanley v. State, 240 Ga. 341, 348 (6) ( 241 SE2d 173 )) and as a marital privilege extends to common law as well as to ceremonial marriages (see Overcash v. State, 239 Ga. 499, 500 (3) ( 238 SE2d 50 )), we must determine whether the trial court erred in concluding that Tonya Davis was not the common law spouse of appellant. 1995As a “grant of immunity does not operate to compel one spouse to testify against another” (Stanley v. State, 240 Ga. 341, 348 (6) ( 241 SE2d 173 )) and as a marital privilege extends to common law as well as to ceremonial marriages (see Overcash v. State, 239 Ga. 499, 500 (3) ( 238 SE2d 50 )), we must determine whether the trial court erred in concluding that Tonya Davis was not the common law spouse of appellant.	1	1
Brantley v. Stategreen ga · 1993 · cited in 1 Georgia opinions naming this issue, 1995–1995 2 sentences 1995At trial, “[t]he party asserting a common law marriage must prove its existence to a preponderance of the evidence.” Dixon v. State, 217 Ga. App. 267, 268 (1) ( 456 SE2d 758 ); cf. Brantley v. State, 262 Ga. 786, 792 (7) (d) ( 427 SE2d 758 ) (not unconstitutional to place burden of proving insanity or mental illness on defendant); Johnson v. State, 209 Ga. App. 514, 516 (2) ( 433 SE2d 717 ) (burden upon defendant to show incompetency by a preponderance of the evidence). 1995At trial, “[t]he party asserting a common law marriage must prove its existence to a preponderance of the evidence.” Dixon v. State, 217 Ga. App. 267, 268 (1) ( 456 SE2d 758 ); cf. Brantley v. State, 262 Ga. 786, 792 (7) (d) ( 427 SE2d 758 ) (not unconstitutional to place burden of proving insanity or mental illness on defendant); Johnson v. State, 209 Ga. App. 514, 516 (2) ( 433 SE2d 717 ) (burden upon defendant to show incompetency by a preponderance of the evidence).	1	1
Johnson v. Stategreen gactapp · 1993 · cited in 1 Georgia opinions naming this issue, 1995–1995 2 sentences 1995At trial, “[t]he party asserting a common law marriage must prove its existence to a preponderance of the evidence.” Dixon v. State, 217 Ga. App. 267, 268 (1) ( 456 SE2d 758 ); cf. Brantley v. State, 262 Ga. 786, 792 (7) (d) ( 427 SE2d 758 ) (not unconstitutional to place burden of proving insanity or mental illness on defendant); Johnson v. State, 209 Ga. App. 514, 516 (2) ( 433 SE2d 717 ) (burden upon defendant to show incompetency by a preponderance of the evidence). 1995At trial, “[t]he party asserting a common law marriage must prove its existence to a preponderance of the evidence.” Dixon v. State, 217 Ga. App. 267, 268 (1) ( 456 SE2d 758 ); cf. Brantley v. State, 262 Ga. 786, 792 (7) (d) ( 427 SE2d 758 ) (not unconstitutional to place burden of proving insanity or mental illness on defendant); Johnson v. State, 209 Ga. App. 514, 516 (2) ( 433 SE2d 717 ) (burden upon defendant to show incompetency by a preponderance of the evidence).	1	1
Stanley v. Stategreen ga · 1977 · cited in 1 Georgia opinions naming this issue, 1995–1995 2 sentences 1995As a “grant of immunity does not operate to compel one spouse to testify against another” (Stanley v. State, 240 Ga. 341, 348 (6) ( 241 SE2d 173 )) and as a marital privilege extends to common law as well as to ceremonial marriages (see Overcash v. State, 239 Ga. 499, 500 (3) ( 238 SE2d 50 )), we must determine whether the trial court erred in concluding that Tonya Davis was not the common law spouse of appellant. 1995As a “grant of immunity does not operate to compel one spouse to testify against another” (Stanley v. State, 240 Ga. 341, 348 (6) ( 241 SE2d 173 )) and as a marital privilege extends to common law as well as to ceremonial marriages (see Overcash v. State, 239 Ga. 499, 500 (3) ( 238 SE2d 50 )), we must determine whether the trial court erred in concluding that Tonya Davis was not the common law spouse of appellant.	1	1
State v. Williamsgreen ariz · 1982 · cited in 1 Georgia opinions naming this issue, 1994–1994	1	1
State v. Levygreen iowa · 1968 · cited in 1 Georgia opinions naming this issue, 1994–1994	1	1
Roman v. Terrellgreen gactapp · 1990 · cited in 1 Georgia opinions naming this issue, 1994–1994	1	1
Trammel v. United Statesgreen scotus · 1980 · cited in 1 Georgia opinions naming this issue, 1994–1994 2 sentences 1994This would have been directly applicable to the circumstances of this case. [4] In Trammel, supra, the United States Supreme Court observed that 33 states and the District of Columbia maintain the marital privilege in some form, in all cases through statutory enactment. 1994In Trammel, supra, the United States Supreme Court observed that 33 states and the District of Columbia maintain the marital privilege in some form, in all cases through statutory enactment.	1	1
Brown v. Stategreen ga · 1982 · cited in 1 Georgia opinions naming this issue, 1991–1991	1	1
Casper v. Stategreen ga · 1979 · cited in 1 Georgia opinions naming this issue, 1985–1985	1	1
Wynn v. Stategreen gactapp · 1983 · cited in 1 Georgia opinions naming this issue, 1985–1985	1	1
Georgia International Life Insurance v. Boneygreen gactapp · 1976 · cited in 1 Georgia opinions naming this issue, 1983–1983	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (9)

Case	Cited	Years
State v. Peters green gactapp · 1994 2 sentences 2020The current version of the statute, OCGA § 24-5-503, retains this language. 4 See State v. Peters, 213 Ga. App. 352 ( 444 SE2d 609 ) (1994). 10 usual practice in murder cases, we independently have reviewed the record to assess the legal sufficiency of the evidence.5 We conclude that the evidence presented at trial, when viewed in the light most favorable to the verdict, was sufficient to authorize a rational trier of fact to find beyond a reasonable doubt that Agee was guilty of murder with malice aforethought. 2020The current version of the statute, OCGA § 24-5-503, retains this language. 4 See State v. Peters, 213 Ga. App. 352 ( 444 SE2d 609 ) (1994). 10 usual practice in murder cases, we independently have reviewed the record to assess the legal sufficiency of the evidence.5 We conclude that the evidence presented at trial, when viewed in the light most favorable to the verdict, was sufficient to authorize a rational trier of fact to find beyond a reasonable doubt that Agee was guilty of murder with malice aforethought.	1	2020–2020
Peck v. State green gactapp · 2009 2 sentences 2010Peck v. State, 300 Ga. App. 375 ( 685 SE2d 367 ) (2009). 2010Peck v. State, 300 Ga. App. 375 ( 685 SE2d 367 ) (2009).	1	2010–2010
Dugger v. State green gactapp · 2003 2 sentences 2009Burton, Assistant District Attorney, for appellee. 1 (Citation and punctuation omitted.) Dugger v. State, 260 Ga. App. 843 ( 581 SE2d 655 ) (2003). 2 (Citation and punctuation omitted.) Id. at 848 (3). 3 Ingram v. State, 262 Ga. App. 304, 307 (4) (a) ( 585 SE2d 211 ) (2003) (“where a spouse takes the stand and testifies voluntarily, it is presumed that she has waived the marital privilege”). 4 Webb v. State, 284 Ga. 122, 127 (5) ( 663 SE2d 690 ) (2008). 5 See Smith v. State, 254 Ga. App. 107, 108 (1) ( 561 SE2d 232 ) (2002). 6 Id. 7 Id. 8 Hall v. State, 292 Ga. App. 544, 548 (2) ( 664 SE2d 882 2009Burton, Assistant District Attorney, for appellee. 1 (Citation and punctuation omitted.) Dugger v. State, 260 Ga. App. 843 ( 581 SE2d 655 ) (2003). 2 (Citation and punctuation omitted.) Id. at 848 (3). 3 Ingram v. State, 262 Ga. App. 304, 307 (4) (a) ( 585 SE2d 211 ) (2003) (“where a spouse takes the stand and testifies voluntarily, it is presumed that she has waived the marital privilege”). 4 Webb v. State, 284 Ga. 122, 127 (5) ( 663 SE2d 690 ) (2008). 5 See Smith v. State, 254 Ga. App. 107, 108 (1) ( 561 SE2d 232 ) (2002). 6 Id. 7 Id. 8 Hall v. State, 292 Ga. App. 544, 548 (2) ( 664 SE2d 882	1	2009–2009
Drane v. State green ga · 1995 1 sentence 1999Drane v. State, supra at 664(1), 461 S.E.2d 224 ; Higgs v. State, supra at 608(4), 351 S.E.2d 448 ; Lane v. Tift County Hosp.	1	1999–1999
Octopi, Inc. v. Courtney green scotus · 1987 1 sentence 1998OCGA § 24-9-23 (a); Chancey v. State, 256 Ga. 415, 437 ( 349 SE2d 717 ) (1986), cert. denied, 481 U. S. 1029 (107 SC 1954, 95 LE2d 527) (1987).	1	1998–1998
Westbrook v. State green gactapp · 1982 2 sentences 1996McMurray, P. J., and Blackburn, J., concur. 1 Counsel and the trial court believed it would be difficult to prevent her from mentioning that she had invoked the marital privilege, thus creating a mistrial under the rule of Westbrook v. State, 162 Ga. App. 130 ( 290 SE2d 333 ) (1982). 1996McMurray, P. J., and Blackburn, J., concur. 1 Counsel and the trial court believed it would be difficult to prevent her from mentioning that she had invoked the marital privilege, thus creating a mistrial under the rule of Westbrook v. State, 162 Ga. App. 130 ( 290 SE2d 333 ) (1982).	1	1996–1996
Williams v. State green ga · 1991 2 sentences 1995Helton contends the trial court erred by admitting evidence of a similar transaction because the information was gained in violation of the marital privilege contained in OCGA § 24-9-21, the transaction was not sufficiently similar under Williams v. State, 261 Ga. 640 ( 409 SE2d 649 ), and the State was collaterally estopped from re-litigating the issue because the evidence was not admitted in an earlier trial of the case that ended in a mistrial. 1995Helton contends the trial court erred by admitting evidence of a similar transaction because the information was gained in violation of the marital privilege contained in OCGA § 24-9-21, the transaction was not sufficiently similar under Williams v. State, 261 Ga. 640 ( 409 SE2d 649 ), and the State was collaterally estopped from re-litigating the issue because the evidence was not admitted in an earlier trial of the case that ended in a mistrial.	1	1995–1995
England v. Pate neutral ga · 1990	1	1991–1991
Schirato v. State green ga · 1990	1	1991–1991

Statutes the citing opinions construe

GA § 24-3-1 (3) GA § 24-3-3 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 163 (1956–2026) NY 131 (1975–2025) NJ 71 (1967–2026) IL 57 (1979–2024) FL 45 (1976–2018) OH 40 (1985–2023) AL 38 (1978–2026) MN 34 (1961–2025) UT 34 (1995–2025) TN 27 (1978–2015) GA 24 (1983–2024) WA 23 (1953–2018) MO 23 (1979–2024) CO 22 (1981–2026) NC 20 (1995–2025) IN 20 (1975–2026) PA 20 (1935–2025) AZ 19 (1974–2018) WI 18 (1967–2024) TX 17 (1972–2022) MI 15 (1965–2023) MA 15 (1980–2025) DC 15 (1976–2015) CT 12 (1995–2023) KY 11 (1988–2022) MD 11 (1996–2021) VT 11 (1988–2026) VA 10 (1996–2016) KS 10 (1977–2023) OR 9 (1972–2023) IA 8 (1978–2025) ME 7 (1971–2022) LA 7 (2014–2024) WY 7 (1978–2008) OK 6 (1999–2006) NV 6 (1980–2020) NH 6 (1989–2006) MS 6 (2000–2025) AK 5 (1980–2018) ID 5 (1925–2009) RI 5 (1998–2017) NM 5 (2003–2022) SC 4 (2005–2018) HI 4 (2003–2026) ND 4 (1993–1997) WV 3 (1987–2018) SD 3 (1986–2003) VI 3 (1997–2025) MT 2 (1981–2021) DE 2 (1994–2018)

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.

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