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22 Georgia opinions name it 2 courts 1944–2023 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.
| Case | Followed | Cited |
|---|---|---|
Department of Transportation v. Delta MacHine Products Co.green2 sentences1998Co., 157 Ga. App. 423, 426 (3) ( 278 SE2d 73 ) (1981); accord DeKalb County v. Beacon Indus., 187 Ga. App. 370, 372 (2) ( 370 SE2d 191 ) (1988). 1998Co., 157 Ga. App. 423, 426 (3) ( 278 SE2d 73 ) (1981); accord DeKalb County v. Beacon Indus., 187 Ga. App. 370, 372 (2) ( 370 SE2d 191 ) (1988). | 3 | 3 |
Bible v. Somers Construction Companygreen2 sentences2012Cf. Stewart v. State, 246 Ga. 70, 73-74 (3) ( 268 SE2d 906 ) (1980) (“When pertinent and essential facts can be ascertained only by an examination of a large number of entries in books of account, an auditor or an expert accountant who has made an examination and analysis of the books and figures may testify as a witness and give summarized statements of what the books show as a result of his investigation, provided the books themselves are accessible to the court and the parties.” (punctuation omitted)); Bible v. Somers Const. Co., 197 Ga. 761, 761 (2) ( 30 SE2d 623 ) (1944); Cotton v. John W 2012Cf. Stewart v. State, 246 Ga. 70, 73-74 (3) ( 268 SE2d 906 ) (1980) (“When pertinent and essential facts can be ascertained only by an examination of a large number of entries in books of account, an auditor or an expert accountant who has made an examination and analysis of the books and figures may testify as a witness and give summarized statements of what the books show as a result of his investigation, provided the books themselves are accessible to the court and the parties.” (punctuation omitted)); Bible v. Somers Const. Co., 197 Ga. 761, 761 (2) ( 30 SE2d 623 ) (1944); Cotton v. John W | 2 | 4 |
Cotton v. John W. Eshelman & Sons, Inc.green2 sentences2012Eshelman & Sons, Inc., 137 Ga.App. 360, 363 (2) ( 223 SE2d 757 ) (1976); Hutcheson v. Am. 2012Eshelman & Sons, Inc., 137 Ga.App. 360, 363 (2) ( 223 SE2d 757 ) (1976); Hutcheson v. Am. | 2 | 2 |
Stewart v. Stategreen2 sentences2012Cf. Stewart v. State, 246 Ga. 70, 73-74 (3) ( 268 SE2d 906 ) (1980) (“When pertinent and essential facts can be ascertained only by an examination of a large number of entries in books of account, an auditor or an expert accountant who has made an examination and analysis of the books and figures may testify as a witness and give summarized statements of what the books show as a result of his investigation, provided the books themselves are accessible to the court and the parties.” (punctuation omitted)); Bible v. Somers Const. Co., 197 Ga. 761, 761 (2) ( 30 SE2d 623 ) (1944); Cotton v. John W 2012Cf. Stewart v. State, 246 Ga. 70, 73-74 (3) ( 268 SE2d 906 ) (1980) (“When pertinent and essential facts can be ascertained only by an examination of a large number of entries in books of account, an auditor or an expert accountant who has made an examination and analysis of the books and figures may testify as a witness and give summarized statements of what the books show as a result of his investigation, provided the books themselves are accessible to the court and the parties.” (punctuation omitted)); Bible v. Somers Const. Co., 197 Ga. 761, 761 (2) ( 30 SE2d 623 ) (1944); Cotton v. John W | 2 | 2 |
DeKalb County v. BEACON INDUSTRIES, INC.green2 sentences1998Co., 157 Ga. App. 423, 426 (3) ( 278 SE2d 73 ) (1981); accord DeKalb County v. Beacon Indus., 187 Ga. App. 370, 372 (2) ( 370 SE2d 191 ) (1988). 1998Co., 157 Ga. App. 423, 426 (3) ( 278 SE2d 73 ) (1981); accord DeKalb County v. Beacon Indus., 187 Ga. App. 370, 372 (2) ( 370 SE2d 191 ) (1988). | 2 | 2 |
Chastain v. Stategreen2 sentences1991If, in his questioning of Ms. Ross, appellant's counsel did not pursue the relevant topic of Carter's conversations regarding appellant's guilt or innocence and strayed into an area which was potentially incriminatory of Ms. Ross herself, then it would be appropriate to allow Ms. Ross to determine whether her answer might be incriminating. "[T]he claim of privilege should be made when the question is asked and . . . it cannot operate as a general prohibition of inquiry[.] [Cits.] The privilege against self-incrimination cannot be asserted in advance of the questions actually propounded in the 1991If, in his questioning of Ms. Ross, appellant's counsel did not pursue the relevant topic of Carter's conversations regarding appellant's guilt or innocence and strayed into an area which was potentially incriminatory of Ms. Ross herself, then it would be appropriate to allow Ms. Ross to determine whether her answer might be incriminating. "[T]he claim of privilege should be made when the question is asked and . . . it cannot operate as a general prohibition of inquiry[.] [Cits.] The privilege against self-incrimination cannot be asserted in advance of the questions actually propounded in the | 1 | 2 |
Elliott v. Stategreen1 sentence2023That is significant because, at the time, our cases also suggested that the related equal protection attack on occupational licensing was “so intimately connected” with the due process inquiry as to “not require separate consideration.” Bramley, 187 Ga. at 832 ; see also Southeastern Elec., 179 Ga. at 514 (concluding that the same examination requirement for electrical contractors violated both due process and equal protection). 14 was carried forward into the 1983 Constitution.” Elliott, 305 Ga. at 184 . | 1 | 1 |
Southeastern Electric Co. v. City of Atlantagreen2 sentences2023That is significant because, at the time, our cases also suggested that the related equal protection attack on occupational licensing was “so intimately connected” with the due process inquiry as to “not require separate consideration.” Bramley, 187 Ga. at 832; see also Southeastern Elec., 179 Ga. at 514 (concluding that the same examination requirement for electrical contractors violated both due process and equal protection). 14 185 (II) (B). 2023That is significant because, at the time, our cases also suggested that the related equal protection attack on occupational licensing was “so intimately connected” with the due process inquiry as to “not require separate consideration.” Bramley, 187 Ga. at 832 ; see also Southeastern Elec., 179 Ga. at 514 (concluding that the same examination requirement for electrical contractors violated both due process and equal protection). 14 was carried forward into the 1983 Constitution.” Elliott, 305 Ga. at 184 . | 1 | 1 |
Bramley v. Stategreen2 sentences2023That is significant because, at the time, our cases also suggested that the related equal protection attack on occupational licensing was “so intimately connected” with the due process inquiry as to “not require separate consideration.” Bramley, 187 Ga. at 832; see also Southeastern Elec., 179 Ga. at 514 (concluding that the same examination requirement for electrical contractors violated both due process and equal protection). 14 185 (II) (B). 2023That is significant because, at the time, our cases also suggested that the related equal protection attack on occupational licensing was “so intimately connected” with the due process inquiry as to “not require separate consideration.” Bramley, 187 Ga. at 832 ; see also Southeastern Elec., 179 Ga. at 514 (concluding that the same examination requirement for electrical contractors violated both due process and equal protection). 14 was carried forward into the 1983 Constitution.” Elliott, 305 Ga. at 184 . | 1 | 1 |
Champ v. Stategreen2 sentences2022USCR 33.5 begins by stating, “The trial judge should not participate in plea discussions.” USCR 8 Under the Georgia Constitution, “if an appellate court determines that the defendant’s right to be present was violated without his acquiescence or other waiver, prejudice is conclusively presumed and [the defendant’s] convictions must be reversed.” Champ v. State, 310 Ga. 832, 845 (2) (c) (854 SE2d 706) (2021). 2022USCR 33.5 begins by stating, “The trial judge should not participate in plea discussions.” USCR 8 Under the Georgia Constitution, “if an appellate court determines that the defendant’s right to be present was violated without his acquiescence or other waiver, prejudice is conclusively presumed and [the defendant’s] convictions must be reversed.” Champ v. State, 310 Ga. 832, 845 (2) (c) (854 SE2d 706) (2021). | 1 | 1 |
Sisk v. Patelgreen2 sentences1995See Sisk v. Patel, 217 Ga.App. 156, 160 , 456 S.E.2d 718 , supra. An examination of the hearing transcript as well as the trial court's summary judgment order reveals that the trial judge disposed of plaintiffs' medical malpractice claims against the treating physicians and Clark Eye Clinic because he did not believe plaintiffs' allegation that "time constraints" prevented compliance with the contemporaneous filing requirements of OCGA § 9-11-9.1(a). 1995See Sisk v. Patel, 217 Ga.App. 156, 160 , 456 S.E.2d 718 , supra. An examination of the hearing transcript as well as the trial court's summary judgment order reveals that the trial judge disposed of plaintiffs' medical malpractice claims against the treating physicians and Clark Eye Clinic because he did not believe plaintiffs' allegation that "time constraints" prevented compliance with the contemporaneous filing requirements of OCGA § 9-11-9.1(a). | 1 | 1 |
Patterson v. Stategreen2 sentences1978Held: The Supreme Court ruled in Patterson v. State, 238 Ga. 204, 206 ( 232 SE2d 233 ) (1977), that a defendant chargéd with possession or sale of a prohibited substance has a "general right” to have his own expert make an independent examination of the substance. 1978Held: The Supreme Court ruled in Patterson v. State, 238 Ga. 204, 206 ( 232 SE2d 233 ) (1977), that a defendant chargéd with possession or sale of a prohibited substance has a "general right” to have his own expert make an independent examination of the substance. | 1 | 1 |
Roberts v. Stategreen2 sentences1966The appellate courts have uniformly held, as exemplified by the decision of the Supreme Court in Roberts v. State, 189 Ga. 36, 41 ( 5 SE2d 340 ), that no cross examination may take place unless the prisoner first consents thereto. 1966The appellate courts have uniformly held, as exemplified by the decision of the Supreme Court in Roberts v. State, 189 Ga. 36, 41 ( 5 SE2d 340 ), that no cross examination may take place unless the prisoner first consents thereto. | 1 | 1 |
Camp v. Stategreen1 sentence1950“When pertinent and essential facts can be ascertained only by an examination of a large number of” entries in books of account, an auditor or an expert accountant who has made an examination and analysis of the books and figures may testify as a witness and give summarized statements of what the books show as a result of his investigation, provided the books themselves are accessible to the court and the parties.” Bitting v. State, 165 Ga. 55 ( 139 S. E. 877 ); and see Camp v. State, 31 Ga. App. 737, 740 (6) *291 (supra); Cabaniss v. State, 8 Ga. App. 129 ( 68 S. E. 849 ); Spence v. State, 20 | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bitting v. State
green
2 sentences1976"When pertinent and essential facts can be ascertained only by *639 an examination of a large number of entries in books of account, an auditor or an expert accountant who has made an examination and analysis of the books and figures may testify as a witness and give summarized statements of what the books show as a result of his investigation, provided the books themselves are accessible to the court and the parties.” Bitting v. State, 165 Ga. 55 (3) ( 139 SE 877 ). 1976"When pertinent and essential facts can be ascertained only by *639 an examination of a large number of entries in books of account, an auditor or an expert accountant who has made an examination and analysis of the books and figures may testify as a witness and give summarized statements of what the books show as a result of his investigation, provided the books themselves are accessible to the court and the parties.” Bitting v. State, 165 Ga. 55 (3) ( 139 SE 877 ). | 6 | 1944–1981 |
Tyson & Brother v. Banton
green
1 sentence1979Relying heavily on the case of Tyson & Bro. v. Banton, 273 U. S. 418 (47 SC 426, 71 LE 718) (1927), appellees argue that the state must justify an intrusion into the constitutionally protected rights of due process and freedom to contract by showing that the business it seeks to regulate is "affected with the public interest.” In Tyson, the United States Supreme Court reviewed a New York statute which prohibited the resale of tickets for theaters or other places of entertainment at a price in excess of fifty cents above the price printed on the face of the ticket. | 1 | 1979–1979 |
Crawford v. Roney
green
1 sentence1972Bitting v. State, 165 Ga. 55 (3) ( 139 SE 877 ).” Bible v. Somers Const. Co., 197 Ga. 761 (2) ( 30 SE2d 623 ); Crawford v. Roney, 126 Ga. 763 (5) ( 55 SE 499 ). | 1 | 1972–1972 |
Bowden v. State
green
1 sentence1972Bitting v. State, 165 Ga. 55 (3) ( 139 SE 877 ).” Bible v. Somers Const. Co., 197 Ga. 761 (2) ( 30 SE2d 623 ); Crawford v. Roney, 126 Ga. 763 (5) ( 55 SE 499 ). | 1 | 1972–1972 |
Morton v. Sims
green
1 sentence1965Such notice may be waived in writing by such persons but may be waived in writing on behalf of the alleged patient only by his attorney or guardian ad litem.” Appellant cites the case of Morton v. Sims, 64 Ga. 298, 302 , supra, for the proposition that the petitioners cannot be considered as comprising the nearest adult relatives to whom notice can be given. | 1 | 1965–1965 |
Ritter v. Village of Appleton.
neutral
1 sentence1965In Ritter v. Village of Appleton, 254 Minn. 30 , supra, the Supreme Court of Minnesota stated that it was not likely that the mortician who had taken the sample had confused them. | 1 | 1965–1965 |
Cabaniss v. State
green
1 sentence1950“When pertinent and essential facts can be ascertained only by an examination of a large number of” entries in books of account, an auditor or an expert accountant who has made an examination and analysis of the books and figures may testify as a witness and give summarized statements of what the books show as a result of his investigation, provided the books themselves are accessible to the court and the parties.” Bitting v. State, 165 Ga. 55 ( 139 S. E. 877 ); and see Camp v. State, 31 Ga. App. 737, 740 (6) *291 (supra); Cabaniss v. State, 8 Ga. App. 129 ( 68 S. E. 849 ); Spence v. State, 20 | 1 | 1950–1950 |
Martin v. Carter
green
1 sentence1950“When pertinent and essential facts can be ascertained only by an examination of a large number of” entries in books of account, an auditor or an expert accountant who has made an examination and analysis of the books and figures may testify as a witness and give summarized statements of what the books show as a result of his investigation, provided the books themselves are accessible to the court and the parties.” Bitting v. State, 165 Ga. 55 ( 139 S. E. 877 ); and see Camp v. State, 31 Ga. App. 737, 740 (6) *291 (supra); Cabaniss v. State, 8 Ga. App. 129 ( 68 S. E. 849 ); Spence v. State, 20 | 1 | 1950–1950 |
Spence v. State
neutral
2 sentences1950“When pertinent and essential facts can be ascertained only by an examination of a large number of” entries in books of account, an auditor or an expert accountant who has made an examination and analysis of the books and figures may testify as a witness and give summarized statements of what the books show as a result of his investigation, provided the books themselves are accessible to the court and the parties.” Bitting v. State, 165 Ga. 55 ( 139 S. E. 877 ); and see Camp v. State, 31 Ga. App. 737, 740 (6) *291 (supra); Cabaniss v. State, 8 Ga. App. 129 ( 68 S. E. 849 ); Spence v. State, 20 1950“When pertinent and essential facts can be ascertained only by an examination of a large number of” entries in books of account, an auditor or an expert accountant who has made an examination and analysis of the books and figures may testify as a witness and give summarized statements of what the books show as a result of his investigation, provided the books themselves are accessible to the court and the parties.” Bitting v. State, 165 Ga. 55 ( 139 S. E. 877 ); and see Camp v. State, 31 Ga. App. 737, 740 (6) *291 (supra); Cabaniss v. State, 8 Ga. App. 129 ( 68 S. E. 849 ); Spence v. State, 20 | 1 | 1950–1950 |
Central of Georgia Railway Co. v. Mansfield Trading Co.
neutral
1 sentence1950“When pertinent and essential facts can be ascertained only by an examination of a large number of” entries in books of account, an auditor or an expert accountant who has made an examination and analysis of the books and figures may testify as a witness and give summarized statements of what the books show as a result of his investigation, provided the books themselves are accessible to the court and the parties.” Bitting v. State, 165 Ga. 55 ( 139 S. E. 877 ); and see Camp v. State, 31 Ga. App. 737, 740 (6) *291 (supra); Cabaniss v. State, 8 Ga. App. 129 ( 68 S. E. 849 ); Spence v. State, 20 | 1 | 1950–1950 |
Young v. State
neutral
1 sentence1950“When pertinent and essential facts can be ascertained only by an examination of a large number of” entries in books of account, an auditor or an expert accountant who has made an examination and analysis of the books and figures may testify as a witness and give summarized statements of what the books show as a result of his investigation, provided the books themselves are accessible to the court and the parties.” Bitting v. State, 165 Ga. 55 ( 139 S. E. 877 ); and see Camp v. State, 31 Ga. App. 737, 740 (6) *291 (supra); Cabaniss v. State, 8 Ga. App. 129 ( 68 S. E. 849 ); Spence v. State, 20 | 1 | 1950–1950 |
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.