21 Georgia opinions name it 2 courts 1977–2022 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 |
|---|---|---|
In Re RBgreen2 sentences2003Citing C.L.A. v. State of Ga., 137 Ga.App. 511 (1), 224 S.E.2d 491 (1976), the appellant challenges this evidentiary ruling as error, contending that a transfer hearing "may not, as a matter of law, be treated as similar to a probable cause hearing." We disagree. "[T]he pronouncement in C.L.A. v. State of Ga., supra, that a transfer hearing is [different] [3] from a preliminary detention hearing does not mean that a higher standard of proof that the child committed the delinquent act is required in a transfer hearing." (Citation and punctuation omitted.) In re R.B., 264 Ga. 602, 603 (1), 448 S 2003In re R.B., 264 Ga. 602, 603 (1), 448 S.E.2d 690 (1994); see also OCGA § 15-11-30.2(a)(3)(B), (C). | 2 | 2 |
Patterson v. Stategreen2 sentences1984The juvenile now appeals from the denial of his plea in bar and the trial court’s refusal to terminate the transfer hearing upon presentation of the notice of appeal. 1. “ [A]n order denyinga plea of double jeopardy is appealable... under [OCGA § 5-6-34 (Code Ann. § 6-701)], where the plea was filed sufficiently in advance of trial so as not to constitute a delaying device.” Patterson v. State, 248 Ga. 875, 877 ( 287 SE2d 7 ). “[A]n appeal may be taken to the Supreme Court or the Court of Appeals by filing with the clerk of the court wherein the case was determined a notice of appeal.” OCGA § 1984The juvenile now appeals from the denial of his plea in bar and the trial court’s refusal to terminate the transfer hearing upon presentation of the notice of appeal. 1. “ [A]n order denyinga plea of double jeopardy is appealable... under [OCGA § 5-6-34 (Code Ann. § 6-701)], where the plea was filed sufficiently in advance of trial so as not to constitute a delaying device.” Patterson v. State, 248 Ga. 875, 877 ( 287 SE2d 7 ). “[A]n appeal may be taken to the Supreme Court or the Court of Appeals by filing with the clerk of the court wherein the case was determined a notice of appeal.” OCGA § | 2 | 2 |
Strong v. Stategreen2 sentences2022But in its order admitting Winn’s prior arrest for domestic violence, the juvenile court stated only that it found the evidence relevant to OCGA § 15-11-562 (a) (9), which requires the court—when determining whether to transfer the case—to consider “[t]he sophistication and maturity of such child as determined by consideration of his or her 17 Strong v. State, 309 Ga. 295, 314 (3) n.22 ( 845 SE2d 653 ) (2020). 18 See Smart, 299 Ga. at 417 (2) (explaining admissibility of defendant’s prior acts under OCGA § 24-4-404 (b)). 19 See Ronald L. 2022But in its order admitting Winn’s prior arrest for domestic violence, the juvenile court stated only that it found the evidence relevant to OCGA § 15-11-562 (a) (9), which requires the court—when determining whether to transfer the case—to consider “[t]he sophistication and maturity of such child as determined by consideration of his or her 17 Strong v. State, 309 Ga. 295, 314 (3) n.22 ( 845 SE2d 653 ) (2020). 18 See Smart, 299 Ga. at 417 (2) (explaining admissibility of defendant’s prior acts under OCGA § 24-4-404 (b)). 19 See Ronald L. | 1 | 1 |
Smart v. Stategreen1 sentence2022But in its order admitting Winn’s prior arrest for domestic violence, the juvenile court stated only that it found the evidence relevant to OCGA § 15-11-562 (a) (9), which requires the court—when determining whether to transfer the case—to consider “[t]he sophistication and maturity of such child as determined by consideration of his or her 17 Strong v. State, 309 Ga. 295, 314 (3) n.22 ( 845 SE2d 653 ) (2020). 18 See Smart, 299 Ga. at 417 (2) (explaining admissibility of defendant’s prior acts under OCGA § 24-4-404 (b)). 19 See Ronald L. | 1 | 1 |
Parker v. Stategreen2 sentences2022Prior to the transfer hearing, A. G. filed a notice of his intent to admit evidence that Winn was arrested for an act of domestic violence against A. G.’s mother 12 Parker v. State, 296 Ga. 586, 594 (3) (a) ( 769 SE2d 329 ) (2015). 13 See OCGA § 24-1-2 (c) and (d). 13 approximately three years before the shooting incident. 2022Prior to the transfer hearing, A. G. filed a notice of his intent to admit evidence that Winn was arrested for an act of domestic violence against A. G.’s mother 12 Parker v. State, 296 Ga. 586, 594 (3) (a) ( 769 SE2d 329 ) (2015). 13 See OCGA § 24-1-2 (c) and (d). 13 approximately three years before the shooting incident. | 1 | 1 |
In Re TEDgreen2 sentences1998In re T.E.D., 169 Ga. App. 401, 402 (2) ( 312 SE2d 864 ) (1984). 1998In re T.E.D., 169 Ga. App. 401, 402 (2) ( 312 SE2d 864 ) (1984). | 1 | 1 |
Bailey v. Bonapartegreen2 sentences1984An appeal or notice of appeal filed anywhere other than where the law directs that it be filed is ineffective." Bailey v. Bonaparte, 125 Ga. App. 512, 514-515 ( 188 SE2d 119 ). 1984An appeal or notice of appeal filed anywhere other than where the law directs that it be filed is ineffective." Bailey v. Bonaparte, 125 Ga. App. 512, 514-515 ( 188 SE2d 119 ). | 1 | 1 |
Williams v. Stategreen2 sentences1977In Williams v. State, 238 Ga. 298, 303 ( 232 SE2d 535 ) (1977), we wrote that "A transfer hearing in juvenile court pursuant to Code Ann. § 24A-2501 is required only '(a) After a petition has been filed alleging delinquency based on conduct which is designated a crime . . .’ No petition alleging deliquency was filed in juvenile court in this case and hence no transfer hearing in that court was required. [Cits.]” The last sentence of that quotation is sufficient to decide the instant case. 1977In Williams v. State, 238 Ga. 298, 303 ( 232 SE2d 535 ) (1977), we wrote that "A transfer hearing in juvenile court pursuant to Code Ann. § 24A-2501 is required only '(a) After a petition has been filed alleging delinquency based on conduct which is designated a crime . . .’ No petition alleging deliquency was filed in juvenile court in this case and hence no transfer hearing in that court was required. [Cits.]” The last sentence of that quotation is sufficient to decide the instant case. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
CLA v. State of Ga.
green
2 sentences2003Citing C.L.A. v. State of Ga., 137 Ga.App. 511 (1), 224 S.E.2d 491 (1976), the appellant challenges this evidentiary ruling as error, contending that a transfer hearing "may not, as a matter of law, be treated as similar to a probable cause hearing." We disagree. "[T]he pronouncement in C.L.A. v. State of Ga., supra, that a transfer hearing is [different] [3] from a preliminary detention hearing does not mean that a higher standard of proof that the child committed the delinquent act is required in a transfer hearing." (Citation and punctuation omitted.) In re R.B., 264 Ga. 602, 603 (1), 448 S 2003Citing C.L.A. v. State of Ga., 137 Ga.App. 511 (1), 224 S.E.2d 491 (1976), the appellant challenges this evidentiary ruling as error, contending that a transfer hearing "may not, as a matter of law, be treated as similar to a probable cause hearing." We disagree. "[T]he pronouncement in C.L.A. v. State of Ga., supra, that a transfer hearing is [different] [3] from a preliminary detention hearing does not mean that a higher standard of proof that the child committed the delinquent act is required in a transfer hearing." (Citation and punctuation omitted.) In re R.B., 264 Ga. 602, 603 (1), 448 S | 5 | 1989–2003 |
KGW v. State of Ga.
green
2 sentences1977W. v. State of Ga., 140 Ga. App. 571 ( 231 SE2d 421 ), the Juvenile Court of Gordon County conducted a transfer hearing under Code Ann. § 24A-2501 and ordered the case transferred to the Superior Court of Gordon County for prosecution. 1977W. v. State of Ga., 140 Ga. App. 571 ( 231 SE2d 421 ), the Juvenile Court of Gordon County conducted a transfer hearing under Code Ann. § 24A-2501 and ordered the case transferred to the Superior Court of Gordon County for prosecution. | 3 | 1977–1977 |
In re R. B.
green
2 sentences2003In re R.B., 264 Ga. 602, 603 (1), 448 S.E.2d 690 (1994); see also OCGA § 15-11-30.2(a)(3)(B), (C). 2003Citing C.L.A. v. State of Ga., 137 Ga.App. 511 (1), 224 S.E.2d 491 (1976), the appellant challenges this evidentiary ruling as error, contending that a transfer hearing "may not, as a matter of law, be treated as similar to a probable cause hearing." We disagree. "[T]he pronouncement in C.L.A. v. State of Ga., supra, that a transfer hearing is [different] [3] from a preliminary detention hearing does not mean that a higher standard of proof that the child committed the delinquent act is required in a transfer hearing." (Citation and punctuation omitted.) In re R.B., 264 Ga. 602, 603 (1), 448 S | 2 | 2003–2003 |
Breed v. Jones
green
2 sentences1984The Supreme Court did not condemn the transfer of a youth to state court to be tried as an adult, but suggested that the transfer hearing be conducted prior to the adjudicatory hearing. 421 U. S. at 536 . 1984The Supreme Court did not condemn the transfer of a youth to state court to be tried as an adult, but suggested that the transfer hearing be conducted prior to the adjudicatory hearing. 421 U. S. at 536 . | 2 | 1984–1984 |
Hartley v. Clack
green
2 sentences1980Hartley v. Clack, 239 Ga. 113 ( 236 SE2d 63 ) (1977). 2. 1980Hartley v. Clack, 239 Ga. 113 ( 236 SE2d 63 ) (1977). 2. | 2 | 1977–1980 |
Szorcsik v. State
green
1 sentence2019S. fails to provide any citations to the record reflecting that the three unnamed probation officers did in fact testify later during the transfer hearing, the juvenile court would not have erred in permitting them to testify because "[w]hen the rule of sequestration is violated, the violation goes to the credibility rather than the admissibility of the witness' testimony." (Citations and punctuation omitted.) Szorcsik v. State , 303 Ga. 737 , 741 (3), 814 S.E.2d 708 (2018). | 1 | 2019–2019 |
Szorcsik v. State
green
1 sentence2019S. fails to provide any citations to the record reflecting that the three unnamed probation officers did in fact testify later during the transfer hearing, the juvenile court would not have erred in permitting them to testify because "[w]hen the rule of sequestration is violated, the violation goes to the credibility rather than the admissibility of the witness' testimony." (Citations and punctuation omitted.) Szorcsik v. State , 303 Ga. 737 , 741 (3), 814 S.E.2d 708 (2018). | 1 | 2019–2019 |
Hood v. State
green
2 sentences2019Moreover, violations of the rule of sequestration provide no basis for reversal in the absence of a showing of harm resulting from the violation, see Hood v. State , 266 Ga. 662 , 663 (2), 470 S.E.2d 235 (1996), and K. 2019Moreover, violations of the rule of sequestration provide no basis for reversal in the absence of a showing of harm resulting from the violation, see Hood v. State , 266 Ga. 662 , 663 (2), 470 S.E.2d 235 (1996), and K. | 1 | 2019–2019 |
Livingston v. State
green
1 sentence1998The record, however, does not support [Rocha’s] contentions regarding the conduct and effect of the transfer hearing.” Livingston v. State, 266 Ga. *54 501, 506 (5) ( 467 SE2d 886 ) (1996). | 1 | 1998–1998 |
Edmonds v. State
green
2 sentences1997“Under [OCGA §§ 15-11-5 and 15-11-2], the juvenile court has jurisdiction if the accused is under the age of seventeen at the time the offense is committed.” Edmonds v. State, 154 Ga. App. 650 ( 269 SE2d 512 ) (1980). 1997“Under [OCGA §§ 15-11-5 and 15-11-2], the juvenile court has jurisdiction if the accused is under the age of seventeen at the time the offense is committed.” Edmonds v. State, 154 Ga. App. 650 ( 269 SE2d 512 ) (1980). | 1 | 1997–1997 |
Cox v. Department of Human Resources
green
2 sentences1996In Cox v. Dept. of Human Resources, 148 Ga. App. 43 ( 250 SE2d 839 ) (1978) (overruled on other grounds, Chancey v. Dept. of Human Resources, 156 Ga. App. 338 ( 274 SE2d 728 ) (1980)), the untimeliness of the hearing was waived by appearing and failing to raise the procedural defect. 1996In Cox v. Dept. of Human Resources, 148 Ga. App. 43 ( 250 SE2d 839 ) (1978) (overruled on other grounds, Chancey v. Dept. of Human Resources, 156 Ga. App. 338 ( 274 SE2d 728 ) (1980)), the untimeliness of the hearing was waived by appearing and failing to raise the procedural defect. | 1 | 1996–1996 |
Chancey v. Department of Human Resources
green
2 sentences1996In Cox v. Dept. of Human Resources, 148 Ga. App. 43 ( 250 SE2d 839 ) (1978) (overruled on other grounds, Chancey v. Dept. of Human Resources, 156 Ga. App. 338 ( 274 SE2d 728 ) (1980)), the untimeliness of the hearing was waived by appearing and failing to raise the procedural defect. 1996In Cox v. Dept. of Human Resources, 148 Ga. App. 43 ( 250 SE2d 839 ) (1978) (overruled on other grounds, Chancey v. Dept. of Human Resources, 156 Ga. App. 338 ( 274 SE2d 728 ) (1980)), the untimeliness of the hearing was waived by appearing and failing to raise the procedural defect. | 1 | 1996–1996 |
In the Interest of C. R.
green
2 sentences1994R., 263 Ga. 155 ( 430 SE2d 3 ) (1993), the juvenile court conducted a transfer hearing and entered an order transferring the case to superior court for prosecution. 1994R., 263 Ga. 155 ( 430 SE2d 3 ) (1993), the juvenile court conducted a transfer hearing and entered an order transferring the case to superior court for prosecution. | 1 | 1994–1994 |
Lewis v. State
green
2 sentences1985Lewis v. State, 246 Ga. 101 ( 268 SE2d 915 ) (1980). 1985Lewis v. State, 246 Ga. 101 ( 268 SE2d 915 ) (1980). | 1 | 1985–1985 |
Jaques & Tinsley Co. v. Carstarphen Warehouse Co.
green
2 sentences1979Jaques & Tinsley Co. v. Carstarphen Warehouse Co., 131 Ga. 1 ( 62 SE 82 ). 1979Jaques & Tinsley Co. v. Carstarphen Warehouse Co., 131 Ga. 1 ( 62 SE 82 ). | 1 | 1979–1979 |
Relyea v. State
green
2 sentences1977Brown v. State, 235 Ga. 353 ( 219 SE2d 419 ) (1975); Relyea v. State, 236 Ga. 299 ( 223 SE2d 638 ) (1976). 1977Brown v. State, 235 Ga. 353 ( 219 SE2d 419 ) (1975); Relyea v. State, 236 Ga. 299 ( 223 SE2d 638 ) (1976). | 1 | 1977–1977 |
Brown v. State
green
2 sentences1977Brown v. State, 235 Ga. 353 ( 219 SE2d 419 ) (1975); Relyea v. State, 236 Ga. 299 ( 223 SE2d 638 ) (1976). 1977Brown v. State, 235 Ga. 353 ( 219 SE2d 419 ) (1975); Relyea v. State, 236 Ga. 299 ( 223 SE2d 638 ) (1976). | 1 | 1977–1977 |
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.