allegations error (Georgia) · Go Syfert
← Georgia issues

allegations error in Georgia

17 Georgia opinions name it 2 courts 1921–2025 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 (7)

CaseFollowedCited
Walker v. Johnsongreen
ga · 2007 · cited in 2 Georgia opinions naming this issue, 2015–2015
2 sentences

2015See Walker v. Johnson, supra, 282 Ga. at 172 ; Schofield v. Palmer, supra, 279 Ga. at 853 .

2015See Walker v. Johnson, supra, 282 Ga. at 172 ; Schofield v. Palmer, supra, 279 Ga. at 853 .

22
GODWIN v. MIZPAH FARMS, LLLP Et Al.green
gactapp · 2014 · cited in 1 Georgia opinions naming this issue, 2025–2025
2 sentences

2025Instead, we examine the injury alleged and the conduct giving rise to the claim to determine the appropriate statute of limitation.” Godwin v. Mizpah Farms, LLLP, 330 Ga. App. 31, 38 (3) (b) ( 766 SE2d 497 ) (2014). 7 In dismissing the breach of fiduciary duty claim, the trial court concluded that the allegations of that claim were “essentially the same acts and omissions” asserted in the “malpractice action,” to which a four-year statute of limitation applied, and, therefore, the same statute of limitation applied and barred the breach of fiduciary duty claim.

2025Instead, we examine the injury alleged and the conduct giving rise to the claim to determine the appropriate statute of limitation.” Godwin v. Mizpah Farms, LLLP, 330 Ga. App. 31, 38 (3) (b) ( 766 SE2d 497 ) (2014). 7 In dismissing the breach of fiduciary duty claim, the trial court concluded that the allegations of that claim were “essentially the same acts and omissions” asserted in the “malpractice action,” to which a four-year statute of limitation applied, and, therefore, the same statute of limitation applied and barred the breach of fiduciary duty claim.

11
Bryant v. Stategreen
gactapp · 2007 · cited in 1 Georgia opinions naming this issue, 2008–2008
2 sentences

2008See Bryant v. State, 288 Ga. App. 564, 565 ( 655 SE2d 247 ) (2007) (since supplemental brief was filed more than 20 days after appeal was docketed, enumeration of error raised therein was untimely).

2008See Bryant v. State, 288 Ga. App. 564, 565 ( 655 SE2d 247 ) (2007) (since supplemental brief was filed more than 20 days after appeal was docketed, enumeration of error raised therein was untimely).

11
Rosser v. Stategreen
gactapp · 2005 · cited in 1 Georgia opinions naming this issue, 2006–2006
1 sentence

2006“On appeal from a criminal conviction, the evidence must be construed in the light most favorable to the verdict, and the defendant no longer enjoys the presumption of innocence.” (Citation and punctuation omitted.) Rosser v. State, 276 Ga. App. 261, 262 (1) (623 *553 SE2d 142) (2005).

11
Wright v. Stategreen
gactapp · 2004 · cited in 1 Georgia opinions naming this issue, 2005–2005
2 sentences

2005“Failure to raise a meritless objection cannot constitute ineffective assistance of counsel.” (Citations and punctuation omitted.) Wright v. State, 265 Ga. App. 855, 858 (1) (c) ( 595 SE2d 664 ) (2004).

2005“Failure to raise a meritless objection cannot constitute ineffective assistance of counsel.” (Citations and punctuation omitted.) Wright v. State, 265 Ga. App. 855, 858 (1) (c) ( 595 SE2d 664 ) (2004).

11
Checker Cab Co. v. Fedorgreen
gactapp · 1975 · cited in 1 Georgia opinions naming this issue, 2003–2003
2 sentences

2003Gold Kist, 235 Ga. 643 , 221 S.E.2d 49 ; Checker Cab Co. v. Fedor, 134 Ga.App. 28, 29 , 213 S.E.2d 485 (1975).

2003Gold Kist, 235 Ga. 643 , 221 S.E.2d 49 ; Checker Cab Co. v. Fedor, 134 Ga.App. 28, 29 , 213 S.E.2d 485 (1975).

11
Brown v. Stategreen
ga · 1970 · cited in 1 Georgia opinions naming this issue, 1972–1972
2 sentences

1972The Supreme Court of Georgia has consistently and repeatedly held, "Where the sentence imposed in a capital felony case is not a death sentence, it is no ground to set aside such sentence that prospective jurors who were opposed to capital punishment were excluded from service.” Wallace v. State, 225 Ga. 734 ( 171 SE2d 290 ); Brown v. State, 226 Ga. 114, 115 ( 172 SE2d 666 ); Massey v. State, 226 Ga. 703 (7) ( 177 SE2d 79 ), cert. den. 401 U. S. 964 (91 SC 984, 28 LE2d 248); and Fountain v. State, 228 Ga. 306 (2), supra. We find no merit in any of the allegations of error.

1972The Supreme Court of Georgia has consistently and repeatedly held, "Where the sentence imposed in a capital felony case is not a death sentence, it is no ground to set aside such sentence that prospective jurors who were opposed to capital punishment were excluded from service.” Wallace v. State, 225 Ga. 734 ( 171 SE2d 290 ); Brown v. State, 226 Ga. 114, 115 ( 172 SE2d 666 ); Massey v. State, 226 Ga. 703 (7) ( 177 SE2d 79 ), cert. den. 401 U. S. 964 (91 SC 984, 28 LE2d 248); and Fountain v. State, 228 Ga. 306 (2), supra. We find no merit in any of the allegations of error.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (15)

CaseCitedYears
Williams v. Alvista Healthcare Center, Inc. green
gactapp · 2007
2 sentences

2013Williams v. Alvista Healthcare Center, 283 Ga. App. 613 ( 642 SE2d 232 ) (2007).

2013Williams v. Alvista Healthcare Center, 283 Ga. App. 613 ( 642 SE2d 232 ) (2007).

22007–2013
Schofield v. Palmer green
ga · 2005
1 sentence

2015See Walker v. Johnson, supra, 282 Ga. at 172 ; Schofield v. Palmer, supra, 279 Ga. at 853 .

12015–2015
Pye v. State green
ga · 1998
2 sentences

2004Pye v. State, 269 Ga. 779 (13) ( 505 SE2d 4 ) (1998).

2004Pye v. State, 269 Ga. 779 (13) ( 505 SE2d 4 ) (1998).

12004–2004
Gold Kist, Inc. v. Stokes green
ga · 1975
2 sentences

2003Gold Kist, 235 Ga. 643 , 221 S.E.2d 49 ; Checker Cab Co. v. Fedor, 134 Ga.App. 28, 29 , 213 S.E.2d 485 (1975).

2003Gold Kist, 235 Ga. 643 , 221 S.E.2d 49 ; Checker Cab Co. v. Fedor, 134 Ga.App. 28, 29 , 213 S.E.2d 485 (1975).

12003–2003
Phoenix Airline Services, Inc. v. Metro Airlines, Inc. green
ga · 1990
1 sentence

1993Id. at 585 .

11993–1993
Lowery v. Horn neutral
gactapp · 1978
2 sentences

1986Further, appellate counsel’s brief includes an affidavit and an exhibit, which cannot be considered by this court (Lowery v. Horn, 147 Ga. App. 880 ( 251 SE2d 840 )), and the argument section’s numbered paragraphs bear no relation to the allegations of error with that number in the referenced amended motion for new trial.

1986Further, appellate counsel’s brief includes an affidavit and an exhibit, which cannot be considered by this court (Lowery v. Horn, 147 Ga. App. 880 ( 251 SE2d 840 )), and the argument section’s numbered paragraphs bear no relation to the allegations of error with that number in the referenced amended motion for new trial.

11986–1986
Massey v. Georgia green
scotus · 1971
1 sentence

1972The Supreme Court of Georgia has consistently and repeatedly held, "Where the sentence imposed in a capital felony case is not a death sentence, it is no ground to set aside such sentence that prospective jurors who were opposed to capital punishment were excluded from service.” Wallace v. State, 225 Ga. 734 ( 171 SE2d 290 ); Brown v. State, 226 Ga. 114, 115 ( 172 SE2d 666 ); Massey v. State, 226 Ga. 703 (7) ( 177 SE2d 79 ), cert. den. 401 U. S. 964 (91 SC 984, 28 LE2d 248); and Fountain v. State, 228 Ga. 306 (2), supra. We find no merit in any of the allegations of error.

11972–1972
Fountain v. State green
ga · 1971
1 sentence

1972The Supreme Court of Georgia has consistently and repeatedly held, "Where the sentence imposed in a capital felony case is not a death sentence, it is no ground to set aside such sentence that prospective jurors who were opposed to capital punishment were excluded from service.” Wallace v. State, 225 Ga. 734 ( 171 SE2d 290 ); Brown v. State, 226 Ga. 114, 115 ( 172 SE2d 666 ); Massey v. State, 226 Ga. 703 (7) ( 177 SE2d 79 ), cert. den. 401 U. S. 964 (91 SC 984, 28 LE2d 248); and Fountain v. State, 228 Ga. 306 (2), supra. We find no merit in any of the allegations of error.

11972–1972
Walker v. State green
ga · 1969
2 sentences

1972The Supreme Court of Georgia has consistently and repeatedly held, "Where the sentence imposed in a capital felony case is not a death sentence, it is no ground to set aside such sentence that prospective jurors who were opposed to capital punishment were excluded from service.” Wallace v. State, 225 Ga. 734 ( 171 SE2d 290 ); Brown v. State, 226 Ga. 114, 115 ( 172 SE2d 666 ); Massey v. State, 226 Ga. 703 (7) ( 177 SE2d 79 ), cert. den. 401 U. S. 964 (91 SC 984, 28 LE2d 248); and Fountain v. State, 228 Ga. 306 (2), supra. We find no merit in any of the allegations of error.

1972The Supreme Court of Georgia has consistently and repeatedly held, "Where the sentence imposed in a capital felony case is not a death sentence, it is no ground to set aside such sentence that prospective jurors who were opposed to capital punishment were excluded from service.” Wallace v. State, 225 Ga. 734 ( 171 SE2d 290 ); Brown v. State, 226 Ga. 114, 115 ( 172 SE2d 666 ); Massey v. State, 226 Ga. 703 (7) ( 177 SE2d 79 ), cert. den. 401 U. S. 964 (91 SC 984, 28 LE2d 248); and Fountain v. State, 228 Ga. 306 (2), supra. We find no merit in any of the allegations of error.

11972–1972
Massey v. State green
ga · 1970
2 sentences

1972The Supreme Court of Georgia has consistently and repeatedly held, "Where the sentence imposed in a capital felony case is not a death sentence, it is no ground to set aside such sentence that prospective jurors who were opposed to capital punishment were excluded from service.” Wallace v. State, 225 Ga. 734 ( 171 SE2d 290 ); Brown v. State, 226 Ga. 114, 115 ( 172 SE2d 666 ); Massey v. State, 226 Ga. 703 (7) ( 177 SE2d 79 ), cert. den. 401 U. S. 964 (91 SC 984, 28 LE2d 248); and Fountain v. State, 228 Ga. 306 (2), supra. We find no merit in any of the allegations of error.

1972The Supreme Court of Georgia has consistently and repeatedly held, "Where the sentence imposed in a capital felony case is not a death sentence, it is no ground to set aside such sentence that prospective jurors who were opposed to capital punishment were excluded from service.” Wallace v. State, 225 Ga. 734 ( 171 SE2d 290 ); Brown v. State, 226 Ga. 114, 115 ( 172 SE2d 666 ); Massey v. State, 226 Ga. 703 (7) ( 177 SE2d 79 ), cert. den. 401 U. S. 964 (91 SC 984, 28 LE2d 248); and Fountain v. State, 228 Ga. 306 (2), supra. We find no merit in any of the allegations of error.

11972–1972
Franklin v. State green
gactapp · 1922
2 sentences

1959Franklin v. State, 28 Ga. App. 460 ( 112 S. E. 170 ). 12. ' In special ground 14 (numbered 17) error is assigned on the following excerpt from the charge: “On the other hand, Gentlemen of the jury, after due consideration of the evidence and records in the case, if you determine and [are?] satisfied that the plaintiff is not entitled to recover, then it would be your duty to write a verdict in favor of the defendant, and in that event the form of your verdict would be ‘we the jury find for the defendant.’ ” As counsel for the defendant state in their brief, they contend that this charge errone

1959Franklin v. State, 28 Ga. App. 460 ( 112 S. E. 170 ). 12. ' In special ground 14 (numbered 17) error is assigned on the following excerpt from the charge: “On the other hand, Gentlemen of the jury, after due consideration of the evidence and records in the case, if you determine and [are?] satisfied that the plaintiff is not entitled to recover, then it would be your duty to write a verdict in favor of the defendant, and in that event the form of your verdict would be ‘we the jury find for the defendant.’ ” As counsel for the defendant state in their brief, they contend that this charge errone

11959–1959
O'Connell v. Supreme Conclave Knights green
ga · 1897
2 sentences

1954O'Connell v. Supreme Conclave Knights of Damon, 102 Ga. 143 (2) ( 28 S. E. 282 , 66 Am.

1954O'Connell v. Supreme Conclave Knights of Damon, 102 Ga. 143 (2) ( 28 S. E. 282 , 66 Am.

11954–1954
Wortsman v. Wade neutral
ga · 1886
1 sentence

1925Civil Code (1910), §§ 5160, 5161, 5162; Wortsman v. Wade, 77 Ga. 651 ( 4 Am.

11925–1925
Downing v. State green
ga · 1901
1 sentence

1921This case comes clearly within the ruling in Lord v. State, 114 Ga. 30 ( 39 S. E. 948 ), where it was held: “ The charge being that the accused, in violation of section 671 of the Penal Code [Penal Code of 1910, § 720], 'did sell or otherwise dispose of’ specified mortgaged property, and there being no evidence to show that he did either, the verdict of guilty was unwarranted and ought to have been set aside. ” As a new trial must result from the above ruling, it is unnecessary to consider the other allegations of error.

11921–1921
Brown v. State green
ga · 1901
1 sentence

1921This case comes clearly within the ruling in Lord v. State, 114 Ga. 30 ( 39 S. E. 948 ), where it was held: “ The charge being that the accused, in violation of section 671 of the Penal Code [Penal Code of 1910, § 720], 'did sell or otherwise dispose of’ specified mortgaged property, and there being no evidence to show that he did either, the verdict of guilty was unwarranted and ought to have been set aside. ” As a new trial must result from the above ruling, it is unnecessary to consider the other allegations of error.

11921–1921

Statutes the citing opinions construe

GA § 9-11-12 (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

NC 115 (1983–2025) OK 100 (1912–2026) NY 85 (1852–2025) OH 82 (1984–2026) PA 67 (1909–2026) MO 62 (1950–2025) IL 52 (1948–2026) CA 36 (1946–2025) MI 32 (1907–2024) TX 31 (1971–2025) FL 29 (1923–2026) MA 27 (1976–2025) WA 25 (1894–2025) CT 19 (1927–2021) AL 19 (1945–2013) IN 19 (1881–2020) GA 17 (1921–2025) KY 13 (1940–2025) IA 12 (1914–2023) CO 10 (1971–2012) NM 8 (1994–2025) MD 8 (1967–2018) WY 8 (1994–2018) LA 8 (1968–2015) WI 7 (1955–2023) RI 7 (1977–2007) AZ 7 (1969–2025) TN 6 (2012–2025) UT 6 (1940–2025) NV 6 (1980–2000) KS 6 (1883–2019) AR 6 (1987–2019) MT 5 (1895–2020) MN 5 (1995–2016) SC 5 (1926–2025) WV 5 (1908–2025) NJ 5 (2018–2025) NE 4 (1887–2005) ID 4 (1979–2004) AK 3 (1971–2002) OR 3 (1992–2007) SD 3 (1990–2021) MS 3 (1999–2020) VA 2 (2002–2024) HI 2 (1996–2002) DE 2 (2021–2025)

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.

← Caselaw search · G Cite Topics · Brief Check