16 Georgia opinions name it 2 courts 1978–2021 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 |
|---|---|---|
Pyatt v. Stategreen2 sentences2018See Pyatt v. State , 298 Ga. 742 , 746-747, 784 S.E.2d 759 (2016) (trial judge's comment appearing to agree with the State that a witness's statement was "critical evidence" did not violate OCGA § 17-8-57 ); Dailey v. State , 297 Ga. 442 , 443, 774 S.E.2d 672 (2015) ("[T]he judge's comment here in no way constituted the type of direct comment on the substance or weight of the evidence that we have held to violate [former] OCGA § 17-8-57."); Smith v. State , 297 Ga. 268 , 270, 773 S.E.2d 269 (2015) (trial judge's comment that witness was a "very thorough investigator" did not express an opinion 2018See Pyatt v. State , 298 Ga. 742 , 746-747, 784 S.E.2d 759 (2016) (trial judge's comment appearing to agree with the State that a witness's statement was "critical evidence" did not violate OCGA § 17-8-57 ); Dailey v. State , 297 Ga. 442 , 443, 774 S.E.2d 672 (2015) ("[T]he judge's comment here in no way constituted the type of direct comment on the substance or weight of the evidence that we have held to violate [former] OCGA § 17-8-57."); Smith v. State , 297 Ga. 268 , 270, 773 S.E.2d 269 (2015) (trial judge's comment that witness was a "very thorough investigator" did not express an opinion | 2 | 2 |
Dailey v. Stategreen2 sentences2018See Pyatt v. State , 298 Ga. 742 , 746-747, 784 S.E.2d 759 (2016) (trial judge's comment appearing to agree with the State that a witness's statement was "critical evidence" did not violate OCGA § 17-8-57 ); Dailey v. State , 297 Ga. 442 , 443, 774 S.E.2d 672 (2015) ("[T]he judge's comment here in no way constituted the type of direct comment on the substance or weight of the evidence that we have held to violate [former] OCGA § 17-8-57."); Smith v. State , 297 Ga. 268 , 270, 773 S.E.2d 269 (2015) (trial judge's comment that witness was a "very thorough investigator" did not express an opinion 2018See Pyatt v. State , 298 Ga. 742 , 746-747, 784 S.E.2d 759 (2016) (trial judge's comment appearing to agree with the State that a witness's statement was "critical evidence" did not violate OCGA § 17-8-57 ); Dailey v. State , 297 Ga. 442 , 443, 774 S.E.2d 672 (2015) ("[T]he judge's comment here in no way constituted the type of direct comment on the substance or weight of the evidence that we have held to violate [former] OCGA § 17-8-57."); Smith v. State , 297 Ga. 268 , 270, 773 S.E.2d 269 (2015) (trial judge's comment that witness was a "very thorough investigator" did not express an opinion | 2 | 2 |
Pruitt v. Stategreen2 sentences2013See also Pruitt v. State, 274 Ga. 708, 710 (2) (a) ( 559 SE2d 470 ) (2002) (testimony offered to explain a witness’s long delay in reporting the crime was admissible even though it incidentally placed the defendant’s character in issue, where such testimony was relevant to the jury’s evaluation of the witness’s credibility and the defense alleged that the witness had fabricated the allegations). 2013See also Pruitt v. State, 274 Ga. 708, 710 (2) (a) ( 559 SE2d 470 ) (2002) (testimony offered to explain a witness’s long delay in reporting the crime was admissible even though it incidentally placed the defendant’s character in issue, where such testimony was relevant to the jury’s evaluation of the witness’s credibility and the defense alleged that the witness had fabricated the allegations). | 2 | 2 |
Smith v. Stategreen2 sentences2018See Pyatt v. State , 298 Ga. 742 , 746-747, 784 S.E.2d 759 (2016) (trial judge's comment appearing to agree with the State that a witness's statement was "critical evidence" did not violate OCGA § 17-8-57 ); Dailey v. State , 297 Ga. 442 , 443, 774 S.E.2d 672 (2015) ("[T]he judge's comment here in no way constituted the type of direct comment on the substance or weight of the evidence that we have held to violate [former] OCGA § 17-8-57."); Smith v. State , 297 Ga. 268 , 270, 773 S.E.2d 269 (2015) (trial judge's comment that witness was a "very thorough investigator" did not express an opinion 2018See Pyatt v. State , 298 Ga. 742 , 746-747, 784 S.E.2d 759 (2016) (trial judge's comment appearing to agree with the State that a witness's statement was "critical evidence" did not violate OCGA § 17-8-57 ); Dailey v. State , 297 Ga. 442 , 443, 774 S.E.2d 672 (2015) ("[T]he judge's comment here in no way constituted the type of direct comment on the substance or weight of the evidence that we have held to violate [former] OCGA § 17-8-57."); Smith v. State , 297 Ga. 268 , 270, 773 S.E.2d 269 (2015) (trial judge's comment that witness was a "very thorough investigator" did not express an opinion | 1 | 2 |
Smith v. Stategreen2 sentences2021See Smith v. State, 292 Ga. 588, 589-590 (2) ( 740 SE2d 129 ) (2013) (trial judge’s comment that witness was a “very thorough investigator” did not express an opinion that bolstered the witness’ credibility in violation of OCGA § 17-8-57). (c) Comments during testimony of defense witness. 2021See Smith v. State, 292 Ga. 588, 589-590 (2) ( 740 SE2d 129 ) (2013) (trial judge’s comment that witness was a “very thorough investigator” did not express an opinion that bolstered the witness’ credibility in violation of OCGA § 17-8-57). (c) Comments during testimony of defense witness. | 1 | 1 |
Willis v. Stategreen2 sentences2020Sonya lists nine different statements or rulings made by the trial court during trial and contends, for the first time on appeal, that these comments, taken as a whole, “could have been construed by the jury as an expression of opinion on the evidence and on the credibility of the State’s witnesses, as well as a comment on the credibility of the defense witnesses.” Citing only a single decision of the Georgia Court of Appeals applying former OCGA § 17-8-57, Haymer v. State, 323 Ga. App. 874 ( 747 SE2d 512 ) (2013), she contends that her convictions and sentences “must be reversed.” However, in 2020Sonya lists nine different statements or rulings made by the trial court during trial and contends, for the first time on appeal, that these comments, taken as a whole, “could have been construed by the jury as an expression of opinion on the evidence and on the credibility of the State’s witnesses, as well as a comment on the credibility of the defense witnesses.” Citing only a single decision of the Georgia Court of Appeals applying former OCGA § 17-8-57, Haymer v. State, 323 Ga. App. 874 ( 747 SE2d 512 ) (2013), she contends that her convictions and sentences “must be reversed.” However, in | 1 | 1 |
Patterson v. Stategreen2 sentences2017Dimauro, however, has not raised a Brady claim here. 66 See Flowers v. State, 269 Ga. App. 443, 445 (1) ( 604 SE2d 285 ) (2004) (noting that “legal analysis is, at a minimum, a discussion of the appropriate law as applied to the relevant facts” (punctuation omitted)); Higgins v. State, 251 Ga. App. 175, 178 (3) n.3 ( 554 SE2d 212 ) (2001) (same). 67 Patterson v. State, 327 Ga. App. 695, 696 (1) ( 761 SE2d 101 ) (2014) (punctuation omitted); accord Orengo v. State, 339 Ga. App. 117, 123 (4) ( 793 SE2d 466 ) (2016). 68 Orengo, 339 Ga. App. at 123 (4); accord Hicks v. State, 337 Ga. App. 567, 569 2017Dimauro, however, has not raised a Brady claim here. 66 See Flowers v. State, 269 Ga. App. 443, 445 (1) ( 604 SE2d 285 ) (2004) (noting that “legal analysis is, at a minimum, a discussion of the appropriate law as applied to the relevant facts” (punctuation omitted)); Higgins v. State, 251 Ga. App. 175, 178 (3) n.3 ( 554 SE2d 212 ) (2001) (same). 67 Patterson v. State, 327 Ga. App. 695, 696 (1) ( 761 SE2d 101 ) (2014) (punctuation omitted); accord Orengo v. State, 339 Ga. App. 117, 123 (4) ( 793 SE2d 466 ) (2016). 68 Orengo, 339 Ga. App. at 123 (4); accord Hicks v. State, 337 Ga. App. 567, 569 | 1 | 1 |
Hicks v. Stategreen2 sentences2017Dimauro, however, has not raised a Brady claim here. 66 See Flowers v. State, 269 Ga. App. 443, 445 (1) ( 604 SE2d 285 ) (2004) (noting that “legal analysis is, at a minimum, a discussion of the appropriate law as applied to the relevant facts” (punctuation omitted)); Higgins v. State, 251 Ga. App. 175, 178 (3) n.3 ( 554 SE2d 212 ) (2001) (same). 67 Patterson v. State, 327 Ga. App. 695, 696 (1) ( 761 SE2d 101 ) (2014) (punctuation omitted); accord Orengo v. State, 339 Ga. App. 117, 123 (4) ( 793 SE2d 466 ) (2016). 68 Orengo, 339 Ga. App. at 123 (4); accord Hicks v. State, 337 Ga. App. 567, 569 2017Dimauro, however, has not raised a Brady claim here. 66 See Flowers v. State, 269 Ga. App. 443, 445 (1) ( 604 SE2d 285 ) (2004) (noting that “legal analysis is, at a minimum, a discussion of the appropriate law as applied to the relevant facts” (punctuation omitted)); Higgins v. State, 251 Ga. App. 175, 178 (3) n.3 ( 554 SE2d 212 ) (2001) (same). 67 Patterson v. State, 327 Ga. App. 695, 696 (1) ( 761 SE2d 101 ) (2014) (punctuation omitted); accord Orengo v. State, 339 Ga. App. 117, 123 (4) ( 793 SE2d 466 ) (2016). 68 Orengo, 339 Ga. App. at 123 (4); accord Hicks v. State, 337 Ga. App. 567, 569 | 1 | 1 |
Orengo v. Stategreen2 sentences2017Dimauro, however, has not raised a Brady claim here. 66 See Flowers v. State, 269 Ga. App. 443, 445 (1) ( 604 SE2d 285 ) (2004) (noting that “legal analysis is, at a minimum, a discussion of the appropriate law as applied to the relevant facts” (punctuation omitted)); Higgins v. State, 251 Ga. App. 175, 178 (3) n.3 ( 554 SE2d 212 ) (2001) (same). 67 Patterson v. State, 327 Ga. App. 695, 696 (1) ( 761 SE2d 101 ) (2014) (punctuation omitted); accord Orengo v. State, 339 Ga. App. 117, 123 (4) ( 793 SE2d 466 ) (2016). 68 Orengo, 339 Ga. App. at 123 (4); accord Hicks v. State, 337 Ga. App. 567, 569 2017Dimauro, however, has not raised a Brady claim here. 66 See Flowers v. State, 269 Ga. App. 443, 445 (1) ( 604 SE2d 285 ) (2004) (noting that “legal analysis is, at a minimum, a discussion of the appropriate law as applied to the relevant facts” (punctuation omitted)); Higgins v. State, 251 Ga. App. 175, 178 (3) n.3 ( 554 SE2d 212 ) (2001) (same). 67 Patterson v. State, 327 Ga. App. 695, 696 (1) ( 761 SE2d 101 ) (2014) (punctuation omitted); accord Orengo v. State, 339 Ga. App. 117, 123 (4) ( 793 SE2d 466 ) (2016). 68 Orengo, 339 Ga. App. at 123 (4); accord Hicks v. State, 337 Ga. App. 567, 569 | 1 | 1 |
Flowers v. Stategreen2 sentences2017Dimauro, however, has not raised a Brady claim here. 66 See Flowers v. State, 269 Ga. App. 443, 445 (1) ( 604 SE2d 285 ) (2004) (noting that “legal analysis is, at a minimum, a discussion of the appropriate law as applied to the relevant facts” (punctuation omitted)); Higgins v. State, 251 Ga. App. 175, 178 (3) n.3 ( 554 SE2d 212 ) (2001) (same). 67 Patterson v. State, 327 Ga. App. 695, 696 (1) ( 761 SE2d 101 ) (2014) (punctuation omitted); accord Orengo v. State, 339 Ga. App. 117, 123 (4) ( 793 SE2d 466 ) (2016). 68 Orengo, 339 Ga. App. at 123 (4); accord Hicks v. State, 337 Ga. App. 567, 569 2017Dimauro, however, has not raised a Brady claim here. 66 See Flowers v. State, 269 Ga. App. 443, 445 (1) ( 604 SE2d 285 ) (2004) (noting that “legal analysis is, at a minimum, a discussion of the appropriate law as applied to the relevant facts” (punctuation omitted)); Higgins v. State, 251 Ga. App. 175, 178 (3) n.3 ( 554 SE2d 212 ) (2001) (same). 67 Patterson v. State, 327 Ga. App. 695, 696 (1) ( 761 SE2d 101 ) (2014) (punctuation omitted); accord Orengo v. State, 339 Ga. App. 117, 123 (4) ( 793 SE2d 466 ) (2016). 68 Orengo, 339 Ga. App. at 123 (4); accord Hicks v. State, 337 Ga. App. 567, 569 | 1 | 1 |
Higgins v. Stategreen2 sentences2017Dimauro, however, has not raised a Brady claim here. 66 See Flowers v. State, 269 Ga. App. 443, 445 (1) ( 604 SE2d 285 ) (2004) (noting that “legal analysis is, at a minimum, a discussion of the appropriate law as applied to the relevant facts” (punctuation omitted)); Higgins v. State, 251 Ga. App. 175, 178 (3) n.3 ( 554 SE2d 212 ) (2001) (same). 67 Patterson v. State, 327 Ga. App. 695, 696 (1) ( 761 SE2d 101 ) (2014) (punctuation omitted); accord Orengo v. State, 339 Ga. App. 117, 123 (4) ( 793 SE2d 466 ) (2016). 68 Orengo, 339 Ga. App. at 123 (4); accord Hicks v. State, 337 Ga. App. 567, 569 2017Dimauro, however, has not raised a Brady claim here. 66 See Flowers v. State, 269 Ga. App. 443, 445 (1) ( 604 SE2d 285 ) (2004) (noting that “legal analysis is, at a minimum, a discussion of the appropriate law as applied to the relevant facts” (punctuation omitted)); Higgins v. State, 251 Ga. App. 175, 178 (3) n.3 ( 554 SE2d 212 ) (2001) (same). 67 Patterson v. State, 327 Ga. App. 695, 696 (1) ( 761 SE2d 101 ) (2014) (punctuation omitted); accord Orengo v. State, 339 Ga. App. 117, 123 (4) ( 793 SE2d 466 ) (2016). 68 Orengo, 339 Ga. App. at 123 (4); accord Hicks v. State, 337 Ga. App. 567, 569 | 1 | 1 |
Hunter v. Stategreen2 sentences2011Hunter v. State, 281 Ga. 526, 528 (2) (a) ( 640 SE2d 271 ) (2007); Cherry v. State, 283 Ga. App. 700 (1) ( 642 SE2d 369 ) (2007). (a) Morey contends he received ineffective assistance of counsel in three ways: his trial counsel failed to object when Detective Sperrazza commented on the credibility of a defense witness; trial counsel was so unprepared that he gave an opening statement that contradicted Morey’s own testimony; and trial counsel ignorantly failed to request a charge on a lesser-included offense for aggravated battery. 2011Hunter v. State, 281 Ga. 526, 528 (2) (a) ( 640 SE2d 271 ) (2007); Cherry v. State, 283 Ga. App. 700 (1) ( 642 SE2d 369 ) (2007). (a) Morey contends he received ineffective assistance of counsel in three ways: his trial counsel failed to object when Detective Sperrazza commented on the credibility of a defense witness; trial counsel was so unprepared that he gave an opening statement that contradicted Morey’s own testimony; and trial counsel ignorantly failed to request a charge on a lesser-included offense for aggravated battery. | 1 | 1 |
Griffin v. Bankstongreen2 sentences2011We held that evidence that the witness “routinely took the same precaution to guard against infection that he now claimed would not have made a difference in the present case arguably called into question the credibility of such a claim.” Id. at 652 (1) (b). 2011Excluding the evidence about the expert’s personal practices “undermined the jury’s ability to fully evaluate [the witness’s] credibility and deprived [the plaintiff] of her substantial right to a thorough and sifting cross-examination.” Id. | 1 | 1 |
Jones v. Stategreen2 sentences2000Andrews, P. J, and Ellington, J., concur. 1 (Punctuation omitted.) Jones v. State, 195 Ga. App. 569, 570 (1) ( 394 SE2d 387 ) (1990). 2 OCGA § 40-6-10 (a) (1), (b). 3 OCGA § 40-6-10 (a) (4). 2000Andrews, P. J, and Ellington, J., concur. 1 (Punctuation omitted.) Jones v. State, 195 Ga. App. 569, 570 (1) ( 394 SE2d 387 ) (1990). 2 OCGA § 40-6-10 (a) (1), (b). 3 OCGA § 40-6-10 (a) (4). | 1 | 1 |
Stripling v. Stategreen2 sentences1992See, e.g., Stripling v. State, 261 Ga. 1 (3) ( 401 SE2d 500 ) (1991). 1992See, e.g., Stripling v. State, 261 Ga. 1 (3) ( 401 SE2d 500 ) (1991). | 1 | 1 |
Kimbrell v. Stategreen2 sentences1984Regardless of the belief of this court as to the viability of that defense, and regardless of what the trial judge thought of the credibility of that defense, the jurors are the exclusive finders of fact and judges of credibility of witnesses. [Cit.] A trial judge invades the province of the jury when he withdraws an accused’s sole or principal defense from the jury by his determination that it is unbelievable.” Kimbrell v. State, 148 Ga. App. 302, 305 ( 250 SE2d 883 ) (1978). 1984Regardless of the belief of this court as to the viability of that defense, and regardless of what the trial judge thought of the credibility of that defense, the jurors are the exclusive finders of fact and judges of credibility of witnesses. [Cit.] A trial judge invades the province of the jury when he withdraws an accused’s sole or principal defense from the jury by his determination that it is unbelievable.” Kimbrell v. State, 148 Ga. App. 302, 305 ( 250 SE2d 883 ) (1978). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Haymer v. State
green
2 sentences2020Sonya lists nine different statements or rulings made by the trial court during trial and contends, for the first time on appeal, that these comments, taken as a whole, “could have been construed by the jury as an expression of opinion on the evidence and on the credibility of the State’s witnesses, as well as a comment on the credibility of the defense witnesses.” Citing only a single decision of the Georgia Court of Appeals applying former OCGA § 17-8-57, Haymer v. State, 323 Ga. App. 874 ( 747 SE2d 512 ) (2013), she contends that her convictions and sentences “must be reversed.” However, in 2020Sonya lists nine different statements or rulings made by the trial court during trial and contends, for the first time on appeal, that these comments, taken as a whole, “could have been construed by the jury as an expression of opinion on the evidence and on the credibility of the State’s witnesses, as well as a comment on the credibility of the defense witnesses.” Citing only a single decision of the Georgia Court of Appeals applying former OCGA § 17-8-57, Haymer v. State, 323 Ga. App. 874 ( 747 SE2d 512 ) (2013), she contends that her convictions and sentences “must be reversed.” However, in | 1 | 2020–2020 |
Brady v. Maryland
green
2 sentences2017Such instances may however, in the discretion of the court, if probative of truthfulness or untruthfulness, be inquired into on cross-examination of the witness: (1) Concerning the witness’s character for truthfulness or untruthfulness; or (2) Concerning the character for truthfulness or untruthfulness of another witness as to which character the witness being cross-examined has testified. 65 Dimauro cites to one case, Wearry v. Cain, _ U. S. _ (II) ( 136 SCt 1002, 1006-07 , 194 LE2d 78) (2016), which holds that the prosecution’s failure to disclose material evidence regarding a witness’s cred 2017Such instances may however, in the discretion of the court, if probative of truthfulness or untruthfulness, be inquired into on cross-examination of the witness: (1) Concerning the witness’s character for truthfulness or untruthfulness; or (2) Concerning the character for truthfulness or untruthfulness of another witness as to which character the witness being cross-examined has testified. 65 Dimauro cites to one case, Wearry v. Cain, _ U. S. _ (II) ( 136 SCt 1002, 1006-07 , 194 LE2d 78) (2016), which holds that the prosecution’s failure to disclose material evidence regarding a witness’s cred | 1 | 2017–2017 |
Wearry v. Cain
green
1 sentence2017Such instances may however, in the discretion of the court, if probative of truthfulness or untruthfulness, be inquired into on cross-examination of the witness: (1) Concerning the witness’s character for truthfulness or untruthfulness; or (2) Concerning the character for truthfulness or untruthfulness of another witness as to which character the witness being cross-examined has testified. 65 Dimauro cites to one case, Wearry v. Cain, _ U. S. _ (II) ( 136 SCt 1002, 1006-07 , 194 LE2d 78) (2016), which holds that the prosecution’s failure to disclose material evidence regarding a witness’s cred | 1 | 2017–2017 |
Render v. State
green
1 sentence2012In any event, the Court then explained that Render’s counsel had managed to elicit other testimony from Render about his “belief that the victim was dangerous,” including evidence about the victim’s ‘bad reputation for violence” and nickname of “OG,” or “original gangster.” Render, 288 Ga. at 423 . | 1 | 2012–2012 |
Cherry v. State
green
1 sentence2011Hunter v. State, 281 Ga. 526, 528 (2) (a) ( 640 SE2d 271 ) (2007); Cherry v. State, 283 Ga. App. 700 (1) ( 642 SE2d 369 ) (2007). (a) Morey contends he received ineffective assistance of counsel in three ways: his trial counsel failed to object when Detective Sperrazza commented on the credibility of a defense witness; trial counsel was so unprepared that he gave an opening statement that contradicted Morey’s own testimony; and trial counsel ignorantly failed to request a charge on a lesser-included offense for aggravated battery. | 1 | 2011–2011 |
Cherry v. State
green
1 sentence2011Hunter v. State, 281 Ga. 526, 528 (2) (a) ( 640 SE2d 271 ) (2007); Cherry v. State, 283 Ga. App. 700 (1) ( 642 SE2d 369 ) (2007). (a) Morey contends he received ineffective assistance of counsel in three ways: his trial counsel failed to object when Detective Sperrazza commented on the credibility of a defense witness; trial counsel was so unprepared that he gave an opening statement that contradicted Morey’s own testimony; and trial counsel ignorantly failed to request a charge on a lesser-included offense for aggravated battery. | 1 | 2011–2011 |
Young v. State
green
2 sentences1983Young v. State, 232 Ga. 176 ( 205 SE2d 307 ) (1974); Armour v. State, 154 Ga. App. 740 ( 270 SE2d 22 ) (1980). 1983Young v. State, 232 Ga. 176 ( 205 SE2d 307 ) (1974); Armour v. State, 154 Ga. App. 740 ( 270 SE2d 22 ) (1980). | 1 | 1983–1983 |
Armour v. State
neutral
2 sentences1983Young v. State, 232 Ga. 176 ( 205 SE2d 307 ) (1974); Armour v. State, 154 Ga. App. 740 ( 270 SE2d 22 ) (1980). 1983Young v. State, 232 Ga. 176 ( 205 SE2d 307 ) (1974); Armour v. State, 154 Ga. App. 740 ( 270 SE2d 22 ) (1980). | 1 | 1983–1983 |
Barnes v. State
green
1 sentence1978Barnes v. State, 57 Ga. App. 183 (2) ( 194 SE 839 ). | 1 | 1978–1978 |
Lee v. State
green
1 sentence1978Barnes v. State, 57 Ga. App. 183 (2) ( 194 SE 839 ). | 1 | 1978–1978 |
Griffin v. State
green
2 sentences1978Griffin v. State, 142 Ga. App. 362 ( 235 SE2d 724 ) (1977). 1978Griffin v. State, 142 Ga. App. 362 ( 235 SE2d 724 ) (1977). | 1 | 1978–1978 |
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.