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147 Georgia opinions name it 2 courts 1906–2026 12 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 |
|---|---|---|
Bryant v. Stategreen2 sentences2022See Palmer, supra at 683-684 (4); see also Bryant v. State, 270 Ga. 266 , 271 n.18 (4) ( 507 SE2d 451 ) (1998) (“If counsel raise issues on appeal relating to voir dire, they also must transcribe the voir dire in order for there to be an appellate review, as an appellant carries the burden of showing error by the record.”). 3. 2022See Palmer, supra at 683-684 (4); see also Bryant v. State, 270 Ga. 266 , 271 n.18 (4) ( 507 SE2d 451 ) (1998) (“If counsel raise issues on appeal relating to voir dire, they also must transcribe the voir dire in order for there to be an appellate review, as an appellant carries the burden of showing error by the record.”). 3. | 5 | 6 |
Boles v. Leegreen2 sentences2012Dillard and Boggs, JJ., concur. 1 (Citation and punctuation omitted.) Nagel v. State, 262 Ga. 888, 892 (2) (b) ( 427 SE2d 490 ) (1993). 2 (Footnote omitted.) Boles v. Lee, 270 Ga. 454, 455 (1) ( 511 SE2d 177 ) (1999). 3 See, e.g., Brown v. Frachiseur, 247 Ga. 463, 464-465 ( 277 SE2d 16 ) (1981) (holding that an appellate court may affirm on the ground that “the appellant failed to present... a record *90 sufficient to enable [the court] to determine whether the trial court has committed reversible error”) (citation omitted); Bennett v. Executive Benefits, Inc., 210 Ga. App. 429 ( 436 SE2d 544 2012Dillard and Boggs, JJ., concur. 1 (Citation and punctuation omitted.) Nagel v. State, 262 Ga. 888, 892 (2) (b) ( 427 SE2d 490 ) (1993). 2 (Footnote omitted.) Boles v. Lee, 270 Ga. 454, 455 (1) ( 511 SE2d 177 ) (1999). 3 See, e.g., Brown v. Frachiseur, 247 Ga. 463, 464-465 ( 277 SE2d 16 ) (1981) (holding that an appellate court may affirm on the ground that “the appellant failed to present... a record *90 sufficient to enable [the court] to determine whether the trial court has committed reversible error”) (citation omitted); Bennett v. Executive Benefits, Inc., 210 Ga. App. 429 ( 436 SE2d 544 | 5 | 5 |
Brown v. Frachiseurgreen2 sentences2012Dillard and Boggs, JJ., concur. 1 (Citation and punctuation omitted.) Nagel v. State, 262 Ga. 888, 892 (2) (b) ( 427 SE2d 490 ) (1993). 2 (Footnote omitted.) Boles v. Lee, 270 Ga. 454, 455 (1) ( 511 SE2d 177 ) (1999). 3 See, e.g., Brown v. Frachiseur, 247 Ga. 463, 464-465 ( 277 SE2d 16 ) (1981) (holding that an appellate court may affirm on the ground that “the appellant failed to present... a record *90 sufficient to enable [the court] to determine whether the trial court has committed reversible error”) (citation omitted); Bennett v. Executive Benefits, Inc., 210 Ga. App. 429 ( 436 SE2d 544 2012Dillard and Boggs, JJ., concur. 1 (Citation and punctuation omitted.) Nagel v. State, 262 Ga. 888, 892 (2) (b) ( 427 SE2d 490 ) (1993). 2 (Footnote omitted.) Boles v. Lee, 270 Ga. 454, 455 (1) ( 511 SE2d 177 ) (1999). 3 See, e.g., Brown v. Frachiseur, 247 Ga. 463, 464-465 ( 277 SE2d 16 ) (1981) (holding that an appellate court may affirm on the ground that “the appellant failed to present... a record *90 sufficient to enable [the court] to determine whether the trial court has committed reversible error”) (citation omitted); Bennett v. Executive Benefits, Inc., 210 Ga. App. 429 ( 436 SE2d 544 | 5 | 5 |
Williams v. Stategreen2 sentences1991The defendant has the burden of showing error affirmatively by the record and this burden is not discharged by recitations in the brief. [Cit.]’ [Cit.]” Williams v. State, 188 Ga. App. 496, 499 (3) ( 373 SE2d 281 ) (1988). 4. 1991The defendant has the burden of showing error affirmatively by the record and this burden is not discharged by recitations in the brief. [Cit.]’ [Cit.]” Williams v. State, 188 Ga. App. 496, 499 (3) ( 373 SE2d 281 ) (1988). 4. | 4 | 7 |
Luong v. Trangreen2 sentences2023Luong v. Tran, 280 Ga. App. 15, 18 (2) ( 633 SE2d 797 ) (2006) (“[I]t is axiomatic that [Appellant] bears the burden of showing error affirmatively by the record.”). 2023Luong v. Tran, 280 Ga. App. 15, 18 (2) ( 633 SE2d 797 ) (2006) (“[I]t is axiomatic that [Appellant] bears the burden of showing error affirmatively by the record.”). | 3 | 3 |
Sykes v. Stategreen2 sentences2012(Citations omitted; emphasis supplied.) Sykes v. State, 236 Ga. App. 518, 520 (2) ( 511 SE2d 566 ) (1999). 2012(Citations omitted; emphasis supplied.) Sykes v. State, 236 Ga. App. 518, 520 (2) ( 511 SE2d 566 ) (1999). | 3 | 3 |
Payne v. Stategreen2 sentences2011(Citation and punctuation omitted.) Payne v. State, 217 Ga. App. 386, 387 ( 460 SE2d 297 ) (1995). 2011(Citation and punctuation omitted.) Payne v. State, 217 Ga. App. 386, 387 ( 460 SE2d 297 ) (1995). | 3 | 3 |
Arnold v. Stategreen2 sentences1997Arnold v. State, 198 Ga. App. 514, 516 (3) ( 402 SE2d 312 ) (1991).” Robbins v. State, 207 Ga. App. 556 (1) ( 428 SE2d 450 ) (1993). 1997Arnold v. State, 198 Ga. App. 514, 516 (3) ( 402 SE2d 312 ) (1991).” Robbins v. State, 207 Ga. App. 556 (1) ( 428 SE2d 450 ) (1993). | 2 | 3 |
Blackshear v. Blacksheargreen2 sentences2010See also OCGA § 5-6-42 ("[w]here there is a transcript of evidence and proceedings to be included in the record on appeal, the appellant shall cause the transcript to be prepared and filed"); Blackshear v. Blackshear, 232 Ga. 312, 314 (2), 206 S.E.2d 429 (1974) (appellant "has the burden of showing error below"); Hudspeth v. Scarborough, 69 Ga. 777, 781 (4) (1883) ("[t]he duty is on the plaintiff in error to show error—to make it appear plainly to this court"). 2010See also OCGA § 5-6-42 ("[w]here there is a transcript of evidence and proceedings to be included in the record on appeal, the appellant shall cause the transcript to be prepared and filed"); Blackshear v. Blackshear, 232 Ga. 312, 314 (2), 206 S.E.2d 429 (1974) (appellant "has the burden of showing error below"); Hudspeth v. Scarborough, 69 Ga. 777, 781 (4) (1883) ("[t]he duty is on the plaintiff in error to show error—to make it appear plainly to this court"). | 2 | 2 |
Lark v. Stategreen2 sentences1991When the purported waiver of this right is questioned, the State bears the burden of showing the waiver was made both intelligently and knowingly, either "(1) by showing on the record that the defendant was cognizant of the right being waived; or (2) by filling a silent (or incomplete) record through the use of extrinsic evidence which affirmatively shows that the waiver was knowingly and voluntarily made." [Cit.]' [Cits.]" Lark v. State, 190 Ga. App. 821, 822 ( 380 SE2d 505 ) (1989). 1991When the purported waiver of this right is questioned, the State bears the burden of showing the waiver was made both intelligently and knowingly, either "(1) by showing on the record that the defendant was cognizant of the right being waived; or (2) by filling a silent (or incomplete) record through the use of extrinsic evidence which affirmatively shows that the waiver was knowingly and voluntarily made." [Cit.]' [Cits.]" Lark v. State, 190 Ga. App. 821, 822 ( 380 SE2d 505 ) (1989). | 2 | 2 |
In Re Hollygreen2 sentences1991Accord In re Holly, 188 Ga. App. 202, 203 ( 372 SE2d 479 ) (1988). 1991Accord In re Holly, 188 Ga. App. 202, 203 ( 372 SE2d 479 ) (1988). | 2 | 2 |
Roach v. Stategreen2 sentences1989Appellant has the burden of showing error affirmatively in the record, Roach v. State, 221 Ga. 783 (4) ( 147 SE2d 299 ), and we will not presume error from a silent record. 1989Appellant has the burden of showing error affirmatively in the record, Roach v. State, 221 Ga. 783 (4) ( 147 SE2d 299 ), and we will not presume error from a silent record. | 1 | 6 |
Benton v. Stategreen2 sentences2020To begin with, none of those exhibits are included with the transcript of the recusal hearing, and so, we are unable to confirm their contents.39 In any event, 37 Keenum, 248 Ga. App. at 476 (4) (punctuation omitted); accord Salazar, 256 Ga. App. at 51 (1). 38 See supra notes 36-37 & accompanying text. 39 See Benton v. State, 286 Ga. App. 736, 736 ( 649 SE2d 793 ) (2007) (“[A]n appellant bears the burden of showing error affirmatively by the record, and [when] the transcript does not fully disclose what transpired at trial, it is the duty of the complaining party to have the record completed . 2020To begin with, none of those exhibits are included with the transcript of the recusal hearing, and so, we are unable to confirm their contents.39 In any event, 37 Keenum, 248 Ga. App. at 476 (4) (punctuation omitted); accord Salazar, 256 Ga. App. at 51 (1). 38 See supra notes 36-37 & accompanying text. 39 See Benton v. State, 286 Ga. App. 736, 736 ( 649 SE2d 793 ) (2007) (“[A]n appellant bears the burden of showing error affirmatively by the record, and [when] the transcript does not fully disclose what transpired at trial, it is the duty of the complaining party to have the record completed . | 1 | 4 |
In the Interest of H. B., Childrengreen2 sentences2022B., 346 Ga. App. 163, 165 (1) ( 816 SE2d 313 ) (2018) (“Appellants have the burden of showing error affirmatively by the record.”) (citation and punctuation omitted). 3. 2022B., 346 Ga. App. 163, 165 (1) ( 816 SE2d 313 ) (2018) (“Appellants have the burden of showing error affirmatively by the record.”) (citation and punctuation omitted). 3. | 1 | 2 |
Famble v. State Farm Insurancegreen2 sentences2019Co. , 204 Ga. App. 332 , 336 (4), 419 S.E.2d 143 (1992) ("Appellants have the burden of showing error affirmatively by the record.... 2019Co. , 204 Ga. App. 332 , 336 (4), 419 S.E.2d 143 (1992) ("Appellants have the burden of showing error affirmatively by the record.... | 1 | 2 |
Redford v. COLLIER HEIGHTS APARTMENTSgreen2 sentences2018Redford , 298 Ga. App. at 117 , 679 S.E.2d 120 . "[W]e have consistently affirmed the trial court's summary judgment order where the appellant has omitted a deposition or other evidence from the appellate record, especially where, as here, the trial court stated in its order that it has relied on 'the entire record' in reaching its decision." Armstrong , 299 Ga. App. at 885 , 683 S.E.2d 915 . 2018Redford , 298 Ga. App. at 117 , 679 S.E.2d 120 . "[W]e have consistently affirmed the trial court's summary judgment order where the appellant has omitted a deposition or other evidence from the appellate record, especially where, as here, the trial court stated in its order that it has relied on 'the entire record' in reaching its decision." Armstrong , 299 Ga. App. at 885 , 683 S.E.2d 915 . | 1 | 2 |
Wood v. Stategreen2 sentences2005Wood v. State, 199 Ga. App. 252 (1) ( 404 SE2d 589 ) (1991) (“The defendant has the burden of showing error affirmatively by the record and this burden is not discharged by recitations in the brief.”) (citations and punctuation omitted). 3. 2005Wood v. State, 199 Ga. App. 252 (1) ( 404 SE2d 589 ) (1991) (“The defendant has the burden of showing error affirmatively by the record and this burden is not discharged by recitations in the brief.”) (citations and punctuation omitted). 3. | 1 | 2 |
Birts v. Stategreen2 sentences2001Id. 2001Id. | 1 | 2 |
Hendricks v. Emersongreen2 sentences1992Hendricks v. Emerson, 199 Ga. App. 208, 209 (2) ( 404 SE2d 279 ) (1991). 1992Hendricks v. Emerson, 199 Ga. App. 208, 209 (2) ( 404 SE2d 279 ) (1991). | 1 | 2 |
Bowden v. the Medical Center, Inc.green1 sentence2026As previously noted, “relevant” is construed broadly in the context of discovery “to encompass any matter that bears on, or that reasonably could lead to other matter that could bear on, any issue that is or may be in the case,” Bowden, 297 Ga. at 291 (2)(a), and the fact that the information may be inadmissible at trial does not preclude its production “if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.” Omni Healthcare, 377 Ga. App. at 90(3) SE2d 404) (2020) (“[T]he appellant bears the burden of showing error affirmatively by the record, | 1 | 1 |
McKoy v. Stategreen1 sentence2025See Tavarez v. State, 319 Ga. 480, 483, n.4 (2024) (Any ambiguity or lack of evidence in the appellate record does not help the appellant, who bears the burden of showing error in the record on appeal.); McKoy v. State, 303 Ga. 327, 333 (2018) (It is “axiomatic that a conclusion that reversible 13 We express no opinion as to whether the superior court properly granted the injunction when the Ordinance apparently did not appear in the trial record in this litigation. | 1 | 1 |
Tavarez v. Stategreen1 sentence2025See Tavarez v. State, 319 Ga. 480, 483, n.4 (2024) (Any ambiguity or lack of evidence in the appellate record does not help the appellant, who bears the burden of showing error in the record on appeal.); McKoy v. State, 303 Ga. 327, 333 (2018) (It is “axiomatic that a conclusion that reversible 13 We express no opinion as to whether the superior court properly granted the injunction when the Ordinance apparently did not appear in the trial record in this litigation. | 1 | 1 |
| Griffis v. Branch Banking & Trust Co.green | 1 | 1 |
| Strother v. Stategreen | 1 | 1 |
| Gates v. Stategreen | 1 | 1 |
| Rodriguez v. Stategreen | 1 | 1 |
| Payne v. Stategreen | 1 | 1 |
| Birdow v. Stategreen | 1 | 1 |
| King v. Stategreen | 1 | 1 |
| Puga-Cerantes v. Stategreen | 1 | 1 |
| Palmer v. the Stategreen | 1 | 1 |
| Salazar v. Stategreen | 1 | 1 |
| Keenum v. Stategreen | 1 | 1 |
| Ringold v. Stategreen | 1 | 1 |
| Roach v. Roachgreen | 1 | 1 |
| Phillips v. Phillips.green | 1 | 1 |
| Addison v. Reecegreen | 1 | 1 |
| Stegeman v. Heritage Bankgreen | 1 | 1 |
| McLendon v. McLendongreen | 1 | 1 |
| Weeks 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 |
|---|---|---|
White v. State
green
2 sentences1995“When the purported waiver of this right is questioned, the State bears the burden of showing the waiver was made both intelligently and knowingly, either (1) by showing on the record that the defendant was cognizant of the right being waived; or (2) by filling a silent or incomplete record through the use of extrinsic evidence which affirmatively shows that the waiver was knowingly and voluntarily made.” (Punctuation omitted.) White v. State, 197 Ga. App. 162 ( 398 SE2d 35 ) (1990). 1995“When the purported waiver of this right is questioned, the State bears the burden of showing the waiver was made both intelligently and knowingly, either (1) by showing on the record that the defendant was cognizant of the right being waived; or (2) by filling a silent or incomplete record through the use of extrinsic evidence which affirmatively shows that the waiver was knowingly and voluntarily made.” (Punctuation omitted.) White v. State, 197 Ga. App. 162 ( 398 SE2d 35 ) (1990). | 5 | 1992–2005 |
Rogers v. State
green
2 sentences1989The charge requested, however, is not included in the record on appeal. “[Appellant] has the burden of showing error affirmatively by the record and this burden is not discharged by recitations in the brief. [Cit.]” Rogers v. State, 155 Ga. App. 685 (1) ( 272 SE2d 549 ) (1980). 1989The charge requested, however, is not included in the record on appeal. “[Appellant] has the burden of showing error affirmatively by the record and this burden is not discharged by recitations in the brief. [Cit.]” Rogers v. State, 155 Ga. App. 685 (1) ( 272 SE2d 549 ) (1980). | 5 | 1988–1993 |
Sims v. State
green
2 sentences1989When the purported waiver of this right is questioned, the State bears the burden of showing the waiver was made both intelligently and knowingly, either ‘(1) by showing on the record that the defendant was cognizant of the right being waived; or (2) by filling a silent (or incomplete) record through the use of extrinsic evidence which affirmatively shows that the waiver was knowingly and voluntarily made.’ Sims v. State, 167 Ga. App. 479 (1) ( 306 SE2d 732 ) (1983).” Hill v. State, 181 Ga. App. 473 ( 352 SE2d 651 ) (1987); see Johnson v. State, 157 Ga. App. *823 155 (1) ( 276 SE2d 667 ) (1981 1989When the purported waiver of this right is questioned, the State bears the burden of showing the waiver was made both intelligently and knowingly, either ‘(1) by showing on the record that the defendant was cognizant of the right being waived; or (2) by filling a silent (or incomplete) record through the use of extrinsic evidence which affirmatively shows that the waiver was knowingly and voluntarily made.’ Sims v. State, 167 Ga. App. 479 (1) ( 306 SE2d 732 ) (1983).” Hill v. State, 181 Ga. App. 473 ( 352 SE2d 651 ) (1987); see Johnson v. State, 157 Ga. App. *823 155 (1) ( 276 SE2d 667 ) (1981 | 3 | 1987–1991 |
Brown v. City of Atlanta
green
2 sentences1973Brown v. City of Atlanta, 66 Ga. 71, 76 ; Taylor v. R. 1969Brown v. City of Atlanta, 66 Ga. 71, 76 ; Taylor v. R. | 3 | 1967–1973 |
Huff v. Vallejo.
neutral
2 sentences2026Huff v. Vallejo, 347 Ga. App. 127 , 130 ( 817 SE2d 696 ) (2018). 2019See also OCGA § 19-9-3 (a) (2). 12 (Punctuation omitted.) Phillips v. Phillips , 347 Ga. App. 524 , 527 (2), 820 S.E.2d 158 (2018), quoting McLendon v. McLendon , 297 Ga. 779 , 780-781 (3), 778 S.E.2d 213 (2015). 13 (Emphasis omitted.) 14 The index for the hearing transcript states that the GAL's recommendation "was submitted by brief." According to the clerk of the juvenile court, the GAL emailed her recommendation to the juvenile judge; it was not filed below and is not in the record on appeal. " 'Appellants have the burden of showing error affirmatively by the record.' " Huff v. Vallejo , 3 | 2 | 2019–2026 |
Holmes v. Roberson-Holmes
green
2 sentences2014Husband, as the appellant here, *578 bears the burden of showing error below. 2 Holmes v. Roberson-Holmes, 287 Ga. 358 (1) ( 695 SE2d 586 ) (2010). “ ‘In accordance with the presumption of the regularity of court proceedings, we must assume in the absence of a transcript that there was sufficient competent evidence to support the trial court’s findings.’ ” Id. at 361 (emphasis omitted). 2014Husband, as the appellant here, *578 bears the burden of showing error below. 2 Holmes v. Roberson-Holmes, 287 Ga. 358 (1) ( 695 SE2d 586 ) (2010). “ ‘In accordance with the presumption of the regularity of court proceedings, we must assume in the absence of a transcript that there was sufficient competent evidence to support the trial court’s findings.’ ” Id. at 361 (emphasis omitted). | 2 | 2014–2014 |
Robbins v. State
green
2 sentences1997Arnold v. State, 198 Ga. App. 514, 516 (3) ( 402 SE2d 312 ) (1991).” Robbins v. State, 207 Ga. App. 556 (1) ( 428 SE2d 450 ) (1993). 1997Arnold v. State, 198 Ga. App. 514, 516 (3) ( 402 SE2d 312 ) (1991).” Robbins v. State, 207 Ga. App. 556 (1) ( 428 SE2d 450 ) (1993). | 2 | 1997–1997 |
Hill v. State
green
2 sentences1990When the purported waiver of this right is questioned, the State bears the burden of showing the waiver was made both intelligently and knowingly, either (1) by showing on the record that the defendant was cognizant of the right being waived; or (2) by filling a silent or incomplete record through the use of extrinsic evidence which affirmatively shows that the waiver was knowingly and voluntarily made.” (Citations and punctuation omitted.) Lark v. State, 190 Ga. App. 821, 822 (3) ( 380 SE2d 505 ); Hill v. State, 181 Ga. App. 473 (1) ( 352 SE2d 651 ). 1990When the purported waiver of this right is questioned, the State bears the burden of showing the waiver was made both intelligently and knowingly, either (1) by showing on the record that the defendant was cognizant of the right being waived; or (2) by filling a silent or incomplete record through the use of extrinsic evidence which affirmatively shows that the waiver was knowingly and voluntarily made.” (Citations and punctuation omitted.) Lark v. State, 190 Ga. App. 821, 822 (3) ( 380 SE2d 505 ); Hill v. State, 181 Ga. App. 473 (1) ( 352 SE2d 651 ). | 2 | 1989–1990 |
| ADAMS v. the STATE. green | 1 | 2022–2022 |
| Reeves v. State green | 1 | 2019–2019 |
| Fluke v. Westerman green | 1 | 2019–2019 |
| Saunders v. State green | 1 | 2018–2018 |
| Armstrong v. Rapson green | 1 | 2018–2018 |
| Alford v. State green | 1 | 2018–2018 |
| Wilson v. State green | 1 | 2018–2018 |
| Price v. Price green | 1 | 2018–2018 |
| Yetman v. Walsh green | 1 | 2015–2015 |
| Bennett v. Executive Benefits, Inc. green | 1 | 2012–2012 |
| Miranda v. Arizona green | 1 | 2009–2009 |
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.