23 Georgia opinions name it 2 courts 1917–2023 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.
| Case | Followed | Cited |
|---|---|---|
Chase v. Stategreen2 sentences2023“When a given instruction fails to provide the jury with the proper guidelines for determining guilt or innocence, it is clearly harmful and erroneous as a matter of law.”31 Revisiting Count 2 as alleged in the indictment, Yeamans was alleged to have intentionally and willfully by means of . . . a computer on-line service, utilized an electronic device, to wit: a cell phone to solicit and entice “Kat”, a person believed by the accused to be a child under 16 years of age, to commit sodomy, child molestation, and child prostitution by its nature is an unlawful sexual offense against a child, con 2023“When a given instruction fails to provide the jury with the proper guidelines for determining guilt or innocence, it is clearly harmful and erroneous as a matter of law.”31 Revisiting Count 2 as alleged in the indictment, Yeamans was alleged to have intentionally and willfully by means of . . . a computer on-line service, utilized an electronic device, to wit: a cell phone to solicit and entice “Kat”, a person believed by the accused to be a child under 16 years of age, to commit sodomy, child molestation, and child prostitution by its nature is an unlawful sexual offense against a child, con | 6 | 8 |
State v. Kellygreen2 sentences2018State v. Kelly , 290 Ga. 29 , 33 (2) (a), 718 S.E.2d 232 (2011). 2018State v. Kelly , 290 Ga. 29 , 33 (2) (a), 718 S.E.2d 232 (2011). | 2 | 2 |
Huntington v. Fishmangreen2 sentences2019With regard to "viability of a given claim," we have previously explained that this "refers only to the question of whether further litigation of that claim may lead to a favorable result as of the time prior counsel was dismissed from the case ; it does not refer to the mere potential for continued litigation of a claim as a means of demonstrating conclusively the very futility of the effort." (Emphasis supplied.) Huntington v. Fishman , 212 Ga.App. 27 , 30, n.2, 441 S.E.2d 444 (1994). 2019With regard to "viability of a given claim," we have previously explained that this "refers only to the question of whether further litigation of that claim may lead to a favorable result as of the time prior counsel was dismissed from the case ; it does not refer to the mere potential for continued litigation of a claim as a means of demonstrating conclusively the very futility of the effort." (Emphasis supplied.) Huntington v. Fishman , 212 Ga.App. 27 , 30, n.2, 441 S.E.2d 444 (1994). | 1 | 2 |
Coffin v. United Statesgreen2 sentences2020Accordingly, we reverse the judgment of conviction.11 (punctuation omitted); Croft v. State, 348 Ga. App. 21 , 27 (3) ( 819 SE2d 550 ) (2018) (holding that plain error occurred because a jury charge relieved the State of its burden to prove an essential element of the offense). 9 See Tillman v. Massey, 281 Ga. 291, 292-293 (1) ( 637 SE2d 720 ) (2006) (“‘The principle that there is a presumption of innocence in favor of the accused is the undoubted law, axiomatic and elementary, and its enforcement lies at the foundation of the administration of our criminal law.’”), quoting Coffin v. United St 2020Accordingly, we reverse the judgment of conviction.11 (punctuation omitted); Croft v. State, 348 Ga. App. 21 , 27 (3) ( 819 SE2d 550 ) (2018) (holding that plain error occurred because a jury charge relieved the State of its burden to prove an essential element of the offense). 9 See Tillman v. Massey, 281 Ga. 291, 292-293 (1) ( 637 SE2d 720 ) (2006) (“‘The principle that there is a presumption of innocence in favor of the accused is the undoubted law, axiomatic and elementary, and its enforcement lies at the foundation of the administration of our criminal law.’”), quoting Coffin v. United St | 1 | 1 |
K-Mart Corp. v. Cokergreen2 sentences2020Such an omission affects the outcome of the proceeding and seriously undermined the fairness and reputation of the trial — the jury could have found Amosu guilty merely for picking up the watches, not believing the evidence that he exhibited any other guilty behavior.8 6 See K-Mart Corp. v. Coker, 261 Ga. 745, 747 (2) ( 410 SE2d 425 ) (1991). 7 See Hammonds v. State, 263 Ga. App. 5, 7 (2) ( 587 SE2d 161 ) (2003). 8 See Chase v. State, 277 Ga. 636, 639 (2) ( 592 SE2d 656 ) (2004) (“When a given instruction fails to provide the jury with the proper guidelines for determining guilt or innocence, 2020Such an omission affects the outcome of the proceeding and seriously undermined the fairness and reputation of the trial — the jury could have found Amosu guilty merely for picking up the watches, not believing the evidence that he exhibited any other guilty behavior.8 6 See K-Mart Corp. v. Coker, 261 Ga. 745, 747 (2) ( 410 SE2d 425 ) (1991). 7 See Hammonds v. State, 263 Ga. App. 5, 7 (2) ( 587 SE2d 161 ) (2003). 8 See Chase v. State, 277 Ga. 636, 639 (2) ( 592 SE2d 656 ) (2004) (“When a given instruction fails to provide the jury with the proper guidelines for determining guilt or innocence, | 1 | 1 |
Tillman v. Masseygreen2 sentences2020Accordingly, we reverse the judgment of conviction.11 (punctuation omitted); Croft v. State, 348 Ga. App. 21 , 27 (3) ( 819 SE2d 550 ) (2018) (holding that plain error occurred because a jury charge relieved the State of its burden to prove an essential element of the offense). 9 See Tillman v. Massey, 281 Ga. 291, 292-293 (1) ( 637 SE2d 720 ) (2006) (“‘The principle that there is a presumption of innocence in favor of the accused is the undoubted law, axiomatic and elementary, and its enforcement lies at the foundation of the administration of our criminal law.’”), quoting Coffin v. United St 2020Accordingly, we reverse the judgment of conviction.11 (punctuation omitted); Croft v. State, 348 Ga. App. 21 , 27 (3) ( 819 SE2d 550 ) (2018) (holding that plain error occurred because a jury charge relieved the State of its burden to prove an essential element of the offense). 9 See Tillman v. Massey, 281 Ga. 291, 292-293 (1) ( 637 SE2d 720 ) (2006) (“‘The principle that there is a presumption of innocence in favor of the accused is the undoubted law, axiomatic and elementary, and its enforcement lies at the foundation of the administration of our criminal law.’”), quoting Coffin v. United St | 1 | 1 |
Hammonds v. Stategreen2 sentences2020Such an omission affects the outcome of the proceeding and seriously undermined the fairness and reputation of the trial — the jury could have found Amosu guilty merely for picking up the watches, not believing the evidence that he exhibited any other guilty behavior.8 6 See K-Mart Corp. v. Coker, 261 Ga. 745, 747 (2) ( 410 SE2d 425 ) (1991). 7 See Hammonds v. State, 263 Ga. App. 5, 7 (2) ( 587 SE2d 161 ) (2003). 8 See Chase v. State, 277 Ga. 636, 639 (2) ( 592 SE2d 656 ) (2004) (“When a given instruction fails to provide the jury with the proper guidelines for determining guilt or innocence, 2020Such an omission affects the outcome of the proceeding and seriously undermined the fairness and reputation of the trial — the jury could have found Amosu guilty merely for picking up the watches, not believing the evidence that he exhibited any other guilty behavior.8 6 See K-Mart Corp. v. Coker, 261 Ga. 745, 747 (2) ( 410 SE2d 425 ) (1991). 7 See Hammonds v. State, 263 Ga. App. 5, 7 (2) ( 587 SE2d 161 ) (2003). 8 See Chase v. State, 277 Ga. 636, 639 (2) ( 592 SE2d 656 ) (2004) (“When a given instruction fails to provide the jury with the proper guidelines for determining guilt or innocence, | 1 | 1 |
Jones v. the Stategreen2 sentences2020Accordingly, we reverse the judgment of conviction.11 (punctuation omitted); Croft v. State, 348 Ga. App. 21 , 27 (3) ( 819 SE2d 550 ) (2018) (holding that plain error occurred because a jury charge relieved the State of its burden to prove an essential element of the offense). 9 See Tillman v. Massey, 281 Ga. 291, 292-293 (1) ( 637 SE2d 720 ) (2006) (“‘The principle that there is a presumption of innocence in favor of the accused is the undoubted law, axiomatic and elementary, and its enforcement lies at the foundation of the administration of our criminal law.’”), quoting Coffin v. United St 2020Accordingly, we reverse the judgment of conviction.11 (punctuation omitted); Croft v. State, 348 Ga. App. 21 , 27 (3) ( 819 SE2d 550 ) (2018) (holding that plain error occurred because a jury charge relieved the State of its burden to prove an essential element of the offense). 9 See Tillman v. Massey, 281 Ga. 291, 292-293 (1) ( 637 SE2d 720 ) (2006) (“‘The principle that there is a presumption of innocence in favor of the accused is the undoubted law, axiomatic and elementary, and its enforcement lies at the foundation of the administration of our criminal law.’”), quoting Coffin v. United St | 1 | 1 |
Jarrett v. Stategreen2 sentences2014See Jarrett v. State, 299 Ga. App. 525, 531 (7) (a) ( 683 SE2d 116 ) (2009); Moore v. State, 283 Ga. 151, 155 (4) ( 656 SE2d 796 ) (2008) (“The failure to give a jury charge in the precise language requested is not a cause for reversal where the given instruction substantially covers the applicable principles of law.”). 443 U. S. 307 ( 99 SCt 2781 , 61 LE2d 560) (1979). 2014See Jarrett v. State, 299 Ga. App. 525, 531 (7) (a) ( 683 SE2d 116 ) (2009); Moore v. State, 283 Ga. 151, 155 (4) ( 656 SE2d 796 ) (2008) (“The failure to give a jury charge in the precise language requested is not a cause for reversal where the given instruction substantially covers the applicable principles of law.”). 443 U. S. 307 ( 99 SCt 2781 , 61 LE2d 560) (1979). | 1 | 1 |
Tarvestad v. Stategreen2 sentences2014Specifically, “ ‘[a] trial court must charge the jury on the defendant’s sole defense, even without a written request, if there is some evidence to support the charge.’ ” Price v. State, 289 Ga. 459 (2) ( 712 SE2d 828 ) (2011), quoting Tarvestad v. State, 261 Ga. 605, 606 ( 409 SE2d 513 ) (1991). 2014Specifically, “ ‘[a] trial court must charge the jury on the defendant’s sole defense, even without a written request, if there is some evidence to support the charge.’ ” Price v. State, 289 Ga. 459 (2) ( 712 SE2d 828 ) (2011), quoting Tarvestad v. State, 261 Ga. 605, 606 ( 409 SE2d 513 ) (1991). | 1 | 1 |
Sutton v. Sandersgreen1 sentence2014See Jarrett v. State, 299 Ga. App. 525, 531 (7) (a) ( 683 SE2d 116 ) (2009); Moore v. State, 283 Ga. 151, 155 (4) ( 656 SE2d 796 ) (2008) (“The failure to give a jury charge in the precise language requested is not a cause for reversal where the given instruction substantially covers the applicable principles of law.”). 443 U. S. 307 ( 99 SCt 2781 , 61 LE2d 560) (1979). | 1 | 1 |
Moore v. Stategreen1 sentence2014See Jarrett v. State, 299 Ga. App. 525, 531 (7) (a) ( 683 SE2d 116 ) (2009); Moore v. State, 283 Ga. 151, 155 (4) ( 656 SE2d 796 ) (2008) (“The failure to give a jury charge in the precise language requested is not a cause for reversal where the given instruction substantially covers the applicable principles of law.”). 443 U. S. 307 ( 99 SCt 2781 , 61 LE2d 560) (1979). | 1 | 1 |
Lumpkin v. Stategreen2 sentences2008Finally, there is no merit to Moore’s contention that it was error for the trial court to give the pattern jury instruction on the State’s burden of proof as it relates to reasonable doubt, 2 3****and refuse to give his Request to Charge No. 3, containing language from Lumpkin v. State, 152 Ga. 229, 230 ( 109 SE 664 ) (1921). 3 The failure to give a jury charge in the precise language requested is not a cause for reversal where the given instruction substantially covers the applicable principles of law. 2008Finally, there is no merit to Moore’s contention that it was error for the trial court to give the pattern jury instruction on the State’s burden of proof as it relates to reasonable doubt, 2 3****and refuse to give his Request to Charge No. 3, containing language from Lumpkin v. State, 152 Ga. 229, 230 ( 109 SE 664 ) (1921). 3 The failure to give a jury charge in the precise language requested is not a cause for reversal where the given instruction substantially covers the applicable principles of law. | 1 | 1 |
Walker v. Stategreen2 sentences2008Walker v. State, 282 Ga. 406, 408 (2) ( 651 SE2d 12 ) (2007). 2008Walker v. State, 282 Ga. 406, 408 (2) ( 651 SE2d 12 ) (2007). | 1 | 1 |
Bradley Center, Inc. v. Wessnergreen2 sentences2002(Citations and punctuation omitted.) Bradley Center v. Wessner, 250 Ga. 199, 202-203 ( 296 SE2d 693 ) (1982) (duty of care to third persons when a special relationship based upon physical control exists). 2002(Citations and punctuation omitted.) Bradley Center v. Wessner, 250 Ga. 199, 202-203 ( 296 SE2d 693 ) (1982) (duty of care to third persons when a special relationship based upon physical control exists). | 1 | 1 |
Bodin v. Gillgreen2 sentences1982See also Bodin v. Gill, 216 Ga. 467 ( 117 SE2d 325 ) (1960). 1982See also Bodin v. Gill, 216 Ga. 467 ( 117 SE2d 325 ) (1960). | 1 | 1 |
Woods v. Stategreen2 sentences1981However, an inquiry of this witness would not have developed any leads toward material that could have been used by the defendant at the trial, although there would have been no surprise by reason of the silver dollar, allegedly the property of the victim had the court given defense counsel time to interview the witness as is the suggested procedure in Woods v. State, 240 Ga. 265, 269 (3) ( 239 SE2d 786 ). 1981However, an inquiry of this witness would not have developed any leads toward material that could have been used by the defendant at the trial, although there would have been no surprise by reason of the silver dollar, allegedly the property of the victim had the court given defense counsel time to interview the witness as is the suggested procedure in Woods v. State, 240 Ga. 265, 269 (3) ( 239 SE2d 786 ). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Quattlebaum v. State
green
2 sentences1917A new trial'can not, therefore, be granted on this ground of the motion.” In Horton v. State, 120 Ga. 307 ( 47 S. E. 969 ), this language occurs: “A party can not obtain a reversal for an error which he has invited, as by a request to charge, or by formal admission that a given' principle is not involved in the case.” In Quattlebaum v. State, 119 Ga. 433 ( 46 S. E. 677 ), it was ruled that “A party can not obtain a reversal for an error which he has himself invited. . . 1917A new trial'can not, therefore, be granted on this ground of the motion.” In Horton v. State, 120 Ga. 307 ( 47 S. E. 969 ), this language occurs: “A party can not obtain a reversal for an error which he has invited, as by a request to charge, or by formal admission that a given' principle is not involved in the case.” In Quattlebaum v. State, 119 Ga. 433 ( 46 S. E. 677 ), it was ruled that “A party can not obtain a reversal for an error which he has himself invited. . . | 2 | 1917–1917 |
CROFT v. the STATE.
neutral
1 sentence2020Accordingly, we reverse the judgment of conviction.11 (punctuation omitted); Croft v. State, 348 Ga. App. 21 , 27 (3) ( 819 SE2d 550 ) (2018) (holding that plain error occurred because a jury charge relieved the State of its burden to prove an essential element of the offense). 9 See Tillman v. Massey, 281 Ga. 291, 292-293 (1) ( 637 SE2d 720 ) (2006) (“‘The principle that there is a presumption of innocence in favor of the accused is the undoubted law, axiomatic and elementary, and its enforcement lies at the foundation of the administration of our criminal law.’”), quoting Coffin v. United St | 1 | 2020–2020 |
Redding v. State
green
1 sentence2018At the conclusion of jury instructions, counsel stated that there were no objections “[o]ther than that what was published before the court before we got started.” 11 “patently unreasonable,” Redding, supra, because the given instruction referred to whether “a witness testified falsely about an important fact during the course of the trial as opposed to some other time before this trial”; his contention at trial was that Cotton testified falsely during the trial, which he claims was shown by Cotton’s statements to officers at the scene of the crime, which were not testimony “during the course | 1 | 2018–2018 |
Jackson v. Virginia
red
2 sentences2014See Jarrett v. State, 299 Ga. App. 525, 531 (7) (a) ( 683 SE2d 116 ) (2009); Moore v. State, 283 Ga. 151, 155 (4) ( 656 SE2d 796 ) (2008) (“The failure to give a jury charge in the precise language requested is not a cause for reversal where the given instruction substantially covers the applicable principles of law.”). 443 U. S. 307 ( 99 SCt 2781 , 61 LE2d 560) (1979). 2014See Jarrett v. State, 299 Ga. App. 525, 531 (7) (a) ( 683 SE2d 116 ) (2009); Moore v. State, 283 Ga. 151, 155 (4) ( 656 SE2d 796 ) (2008) (“The failure to give a jury charge in the precise language requested is not a cause for reversal where the given instruction substantially covers the applicable principles of law.”). 443 U. S. 307 ( 99 SCt 2781 , 61 LE2d 560) (1979). | 1 | 2014–2014 |
Waller v. State
green
2 sentences2014(Punctuation and footnotes omitted.) Waller v. State, 267 Ga. App. 608 ( 600 SE2d 706 ) (2004). 2014(Punctuation and footnotes omitted.) Waller v. State, 267 Ga. App. 608 ( 600 SE2d 706 ) (2004). | 1 | 2014–2014 |
Price v. State
green
2 sentences2014Specifically, “ ‘[a] trial court must charge the jury on the defendant’s sole defense, even without a written request, if there is some evidence to support the charge.’ ” Price v. State, 289 Ga. 459 (2) ( 712 SE2d 828 ) (2011), quoting Tarvestad v. State, 261 Ga. 605, 606 ( 409 SE2d 513 ) (1991). 2014Specifically, “ ‘[a] trial court must charge the jury on the defendant’s sole defense, even without a written request, if there is some evidence to support the charge.’ ” Price v. State, 289 Ga. 459 (2) ( 712 SE2d 828 ) (2011), quoting Tarvestad v. State, 261 Ga. 605, 606 ( 409 SE2d 513 ) (1991). | 1 | 2014–2014 |
Spear v. State
green
1 sentence2004When a given instruction “fails to provide the jury with the proper guidelines for determining guilt or innocence [, it is] clearly harmful and erroneous as a matter of law.” Spear v. State, 230 Ga. 74 (1) (195 *640 SE2d 397) (1973). | 1 | 2004–2004 |
Associated Health Systems, Inc. v. Jones
green
2 sentences1992Health Systems v. Jones, 185 Ga. App. 798 (1) ( 366 SE2d 147 ) (1988), does not apply here, because the officer exercised no degree of control over Taggart. 1992Health Systems v. Jones, 185 Ga. App. 798 (1) ( 366 SE2d 147 ) (1988), does not apply here, because the officer exercised no degree of control over Taggart. | 1 | 1992–1992 |
Hodges v. State
neutral
2 sentences1980Code Ann. § 70-207 (c); Hodges v. State, 147 Ga. App. 434 ( 249 SE2d 149 ) (1978). 1980Code Ann. § 70-207 (c); Hodges v. State, 147 Ga. App. 434 ( 249 SE2d 149 ) (1978). | 1 | 1980–1980 |
Lee Street Auto Sales, Inc. v. Warren
green
2 sentences1965The defendant contends that the petition is defective in that it fails to use the word “negligence,” but it nevertheless, as against general demurrer, sets out the essentials listed in Lee Street Auto Sales, Inc. v. Warren, 102 Ga. App. 345 (1) ( 116 SE2d 243 ) as constituting a negligence action: a duty to conform to a given standard of conduct, a breach of that duty, a causal connection between the conduct and the resulting injury, and damage resulting therefrom to the plaintiff. 1965The defendant contends that the petition is defective in that it fails to use the word “negligence,” but it nevertheless, as against general demurrer, sets out the essentials listed in Lee Street Auto Sales, Inc. v. Warren, 102 Ga. App. 345 (1) ( 116 SE2d 243 ) as constituting a negligence action: a duty to conform to a given standard of conduct, a breach of that duty, a causal connection between the conduct and the resulting injury, and damage resulting therefrom to the plaintiff. | 1 | 1965–1965 |
Griffin v. State
green
1 sentence1917Partee v. State, 19 Ga. App. 753 ( 93 S. E. 306 ); Quattlebaum v. State, 119 Ga. 433 ( 46 S. E. 677 ); Griffin v. State, 113 Ga. 281 ( 38 S. E. 844 ). | 1 | 1917–1917 |
Hopkins v. State
green
1 sentence1917The defendant was found guilty of voluntary manslaughter; and even if, as contended by him, the evidence made out a case of murder or justifiable homicide, he can not complain because the judge, in compliance with his oral and written requests, charged on the subject of voluntary manslaughter.” In Hopkins v. State, 119 Ga. 569 ( 46 S. E. 835 ), it was ruled that, “the defendant having been found guilty of the lesser offense of shooting at another, a new trial will not be granted, it appearing that the verdict was in conformity with a charge given at his request;” and it was there said: “It is | 1 | 1917–1917 |
Sweat v. Latimer
green
1 sentence1917The defendant was found guilty of voluntary manslaughter; and even if, as contended by him, the evidence made out a case of murder or justifiable homicide, he can not complain because the judge, in compliance with his oral and written requests, charged on the subject of voluntary manslaughter.” In Hopkins v. State, 119 Ga. 569 ( 46 S. E. 835 ), it was ruled that, “the defendant having been found guilty of the lesser offense of shooting at another, a new trial will not be granted, it appearing that the verdict was in conformity with a charge given at his request;” and it was there said: “It is | 1 | 1917–1917 |
| Horton v. State green | 1 | 1917–1917 |
| Central Georgia Power Co. v. Walker green | 1 | 1917–1917 |
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.
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.