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14 Georgia opinions name it 2 courts 1992–2023 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 |
|---|---|---|
Kendrick v. the Stategreen2 sentences2017Instead, courts *236 must now conduct a case-by-case analysis, considering the totality of the circumstances.”Kendrick, 335 Ga. App. at 769 (citations omitted). 2016"Instead, courts must now conduct a case-by-case analysis, considering the totality of the circumstances." Kendrick , 335 Ga.App. at 769 , 782 S.E.2d 842 . | 3 | 5 |
Mickens v. Taylorgreen2 sentences2023See Mickens, 535 U. S. at 168 (II) (“We have spared the defendant the need of showing probable effect upon the outcome, and have simply presumed such effect,” in the ineffective assistance of counsel context “when the defendant’s attorney actively represented conflicting interests.” The reason being that, when an actual conflict has occurred “the likelihood that the verdict is unreliable is so high that a case-by-case inquiry is unnecessary.”); White v. State, 287 Ga. 713, 722 (699 SE2d 291) (2010) (“In such circumstances, to obtain relief, the defendant need only demonstrate that the conflict 2023See Mickens, 535 U. S. at 166 (II) (“We have spared the defendant the need of showing probable effect upon the outcome, and have simply presumed such effect,” in the ineffective assistance of counsel context “when the defendant’s attorney actively represented conflicting interests.” The reason being that, when an actual conflict has occurred “the likelihood that the verdict is unreliable is so high that a case-by- case inquiry is unnecessary.”); White v. State, 287 Ga. 713, 722 (4) (a) ( 699 SE2d 291 ) (2010) (“In such circumstances, to obtain relief, the defendant need 21 To carry his burden | 2 | 2 |
Maryland v. Craiggreen1 sentence2023Craig, 497 U. S. at 855 (III). | 1 | 1 |
White v. Stategreen2 sentences2023See Mickens, 535 U. S. at 168 (II) (“We have spared the defendant the need of showing probable effect upon the outcome, and have simply presumed such effect,” in the ineffective assistance of counsel context “when the defendant’s attorney actively represented conflicting interests.” The reason being that, when an actual conflict has occurred “the likelihood that the verdict is unreliable is so high that a case-by-case inquiry is unnecessary.”); White v. State, 287 Ga. 713, 722 (699 SE2d 291) (2010) (“In such circumstances, to obtain relief, the defendant need only demonstrate that the conflict 2023See Mickens, 535 U. S. at 168 (II) (“We have spared the defendant the need of showing probable effect upon the outcome, and have simply presumed such effect,” in the ineffective assistance of counsel context “when the defendant’s attorney actively represented conflicting interests.” The reason being that, when an actual conflict has occurred “the likelihood that the verdict is unreliable is so high that a case-by-case inquiry is unnecessary.”); White v. State, 287 Ga. 713, 722 (699 SE2d 291) (2010) (“In such circumstances, to obtain relief, the defendant need only demonstrate that the conflict | 1 | 1 |
Mims v. Stategreen2 sentences1999Mims v. State, 191 Ga. App. 628, 631 (3) ( 382 SE2d 414 ) (1989). 1999Mims v. State, 191 Ga. App. 628, 631 (3) ( 382 SE2d 414 ) (1989). | 1 | 1 |
Rajappa v. Stategreen2 sentences1992See also Rajappa v. State, 200 Ga. App. 372 ( 408 SE2d 163 ) (1991). 1992See also Rajappa v. State, 200 Ga. App. 372 ( 408 SE2d 163 ) (1991). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Jackson v. the Stategreen2 sentences2019But see Jackson v. State, 339 Ga. App. 313 , 319- 320 (2) (b) ( 793 SE2d 201 ) (2016) (acknowledging Globe Newspaper’s recognition of the State’s compelling interest in safeguarding the well-being of minor victims of sex crimes in concluding that total closure of courtroom without adequate findings by trial court violated appellant’s Sixth Amendment rights). 2019But see Jackson v. State, 339 Ga. App. 313 , 319- 320 (2) (b) ( 793 SE2d 201 ) (2016) (acknowledging Globe Newspaper’s recognition of the State’s compelling interest in safeguarding the well-being of minor victims of sex crimes in concluding that total closure of courtroom without adequate findings by trial court violated appellant’s Sixth Amendment rights). | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
McKIBBEN v. THE STATE
green
1 sentence2017The courts are now “charged instead with conducting a case-by-case analysis, considering the totality of the circumstances.” (Citations and punctuation omitted.) Id. at 93 . | 1 | 2017–2017 |
Williams v. State
green
1 sentence2016Id. | 1 | 2016–2016 |
Dillon v. Legg
green
1 sentence2000Instead, I would join the majority of states and adopt the foreseeability rule, which would allow the factfinder to make a case-by-case analysis of the facts applying the factors in Dillon, supra, in order to determine whether the defendant was liable for the breach of a duty of due care owed to the parent. | 1 | 2000–2000 |
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.