14 Georgia opinions name it 2 courts 1904–2026 4 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 |
|---|---|---|
Berghuis v. Thompkinsgreen2 sentences2024See, e.g., Berghuis, 560 U.S. at 384 (“The prosecution . . . does not need to show that a waiver of Miranda rights was express.”); North Carolina v. Butler, 441 U.S. 369, 373 ( 99 SCt 1755 , 60 LE2d 286) (1979) (“An express written or oral statement of waiver of the right to remain silent or of the right to counsel is usually strong proof of the validity of that waiver, but is not inevitably either necessary or sufficient to establish waiver.”). 2024See, e.g., Berghuis, 560 U.S. at 384 (“The prosecution . . . does not need to show that a waiver of Miranda rights was express.”); North Carolina v. Butler, 441 U.S. 369, 373 (99 SCt 1755, 60 LE2d 286) (1979) (“An express written or oral statement of waiver of the right to remain silent or of the right to counsel is usually strong proof of the validity of that waiver, but is not inevitably either necessary or sufficient to establish waiver.”). | 1 | 1 |
North Carolina v. Butlerred2 sentences2024See, e.g., Berghuis, 560 U.S. at 384 (“The prosecution . . . does not need to show that a waiver of Miranda rights was express.”); North Carolina v. Butler, 441 U.S. 369, 373 (99 SCt 1755, 60 LE2d 286) (1979) (“An express written or oral statement of waiver of the right to remain silent or of the right to counsel is usually strong proof of the validity of that waiver, but is not inevitably either necessary or sufficient to establish waiver.”). 2024See, e.g., Berghuis, 560 U.S. at 384 (“The prosecution . . . does not need to show that a waiver of Miranda rights was express.”); North Carolina v. Butler, 441 U.S. 369, 373 (99 SCt 1755, 60 LE2d 286) (1979) (“An express written or oral statement of waiver of the right to remain silent or of the right to counsel is usually strong proof of the validity of that waiver, but is not inevitably either necessary or sufficient to establish waiver.”). | 1 | 1 |
Horton v. Stategreen2 sentences2021See, e.g., Hood v. State, __ Ga. __ (860 SE2d 432, 442 (2)) (2021) (pretermitting whether the failure to give the instruction constituted clear and obvious error and determining that the outcome was not likely affected by the omission of the instruction); Horton v. State, 310 Ga. 310, 322 (3) (b) (849 SE2d 382) (2020) (same); Clarke, 308 Ga. at 637 (5) (same); English v. State, 300 Ga. 471, 473-475 (2) (796 SE2d 258) (2017) (same); Rashid v. State, 292 49 Ga. 414, 422 (7) (737 SE2d 692) (2013) (same).24 Additionally, the Court of Appeals has held that, absent a timely request for a similar for 2021See, e.g., Hood v. State, __ Ga. __ (860 SE2d 432, 442 (2)) (2021) (pretermitting whether the failure to give the instruction constituted clear and obvious error and determining that the outcome was not likely affected by the omission of the instruction); Horton v. State, 310 Ga. 310, 322 (3) (b) (849 SE2d 382) (2020) (same); Clarke, 308 Ga. at 637 (5) (same); English v. State, 300 Ga. 471, 473-475 (2) (796 SE2d 258) (2017) (same); Rashid v. State, 292 49 Ga. 414, 422 (7) (737 SE2d 692) (2013) (same).24 Additionally, the Court of Appeals has held that, absent a timely request for a similar for | 1 | 1 |
Clarke v. Stategreen2 sentences2021See, e.g., Hood v. State, __ Ga. __ (860 SE2d 432, 442 (2)) (2021) (pretermitting whether the failure to give the instruction constituted clear and obvious error and determining that the outcome was not likely affected by the omission of the instruction); Horton v. State, 310 Ga. 310, 322 (3) (b) (849 SE2d 382) (2020) (same); Clarke, 308 Ga. at 637 (5) (same); English v. State, 300 Ga. 471, 473-475 (2) (796 SE2d 258) (2017) (same); Rashid v. State, 292 49 Ga. 414, 422 (7) (737 SE2d 692) (2013) (same).24 Additionally, the Court of Appeals has held that, absent a timely request for a similar for 2021See, e.g., Hood v. State, 311 Ga. 855, 866-867 (2) ( 860 SE2d 432 ) (2021) (pretermitting whether the failure to give the instruction constituted clear and obvious error and determining that the outcome was not likely affected by the omission of the 49 instruction); Horton, 310 Ga. at 322 (3) (b) (same); Clarke, 308 Ga. at 637 (5) (same); English v. State, 300 Ga. 471, 473-475 (2) ( 796 SE2d 258 ) (2017) (same); Rashid v. State, 292 Ga. 414, 422 (7) ( 737 SE2d 692 ) (2013) (same).24 Additionally, the Court of Appeals has held that, absent a timely request for a similar form of this instruction | 1 | 1 |
Hood v. Stategreen2 sentences2021See, e.g., Hood v. State, __ Ga. __ (860 SE2d 432, 442 (2)) (2021) (pretermitting whether the failure to give the instruction constituted clear and obvious error and determining that the outcome was not likely affected by the omission of the instruction); Horton v. State, 310 Ga. 310, 322 (3) (b) (849 SE2d 382) (2020) (same); Clarke, 308 Ga. at 637 (5) (same); English v. State, 300 Ga. 471, 473-475 (2) (796 SE2d 258) (2017) (same); Rashid v. State, 292 49 Ga. 414, 422 (7) (737 SE2d 692) (2013) (same).24 Additionally, the Court of Appeals has held that, absent a timely request for a similar for 2021See, e.g., Hood v. State, 311 Ga. 855, 866-867 (2) ( 860 SE2d 432 ) (2021) (pretermitting whether the failure to give the instruction constituted clear and obvious error and determining that the outcome was not likely affected by the omission of the 49 instruction); Horton, 310 Ga. at 322 (3) (b) (same); Clarke, 308 Ga. at 637 (5) (same); English v. State, 300 Ga. 471, 473-475 (2) ( 796 SE2d 258 ) (2017) (same); Rashid v. State, 292 Ga. 414, 422 (7) ( 737 SE2d 692 ) (2013) (same).24 Additionally, the Court of Appeals has held that, absent a timely request for a similar form of this instruction | 1 | 1 |
Rashid v. Stategreen1 sentence2021See, e.g., Hood v. State, 311 Ga. 855, 866-867 (2) ( 860 SE2d 432 ) (2021) (pretermitting whether the failure to give the instruction constituted clear and obvious error and determining that the outcome was not likely affected by the omission of the 49 instruction); Horton, 310 Ga. at 322 (3) (b) (same); Clarke, 308 Ga. at 637 (5) (same); English v. State, 300 Ga. 471, 473-475 (2) ( 796 SE2d 258 ) (2017) (same); Rashid v. State, 292 Ga. 414, 422 (7) ( 737 SE2d 692 ) (2013) (same).24 Additionally, the Court of Appeals has held that, absent a timely request for a similar form of this instruction | 1 | 1 |
English v. Stategreen2 sentences2021See, e.g., Hood v. State, __ Ga. __ (860 SE2d 432, 442 (2)) (2021) (pretermitting whether the failure to give the instruction constituted clear and obvious error and determining that the outcome was not likely affected by the omission of the instruction); Horton v. State, 310 Ga. 310, 322 (3) (b) (849 SE2d 382) (2020) (same); Clarke, 308 Ga. at 637 (5) (same); English v. State, 300 Ga. 471, 473-475 (2) (796 SE2d 258) (2017) (same); Rashid v. State, 292 49 Ga. 414, 422 (7) (737 SE2d 692) (2013) (same).24 Additionally, the Court of Appeals has held that, absent a timely request for a similar for 2021See, e.g., Hood v. State, __ Ga. __ (860 SE2d 432, 442 (2)) (2021) (pretermitting whether the failure to give the instruction constituted clear and obvious error and determining that the outcome was not likely affected by the omission of the instruction); Horton v. State, 310 Ga. 310, 322 (3) (b) (849 SE2d 382) (2020) (same); Clarke, 308 Ga. at 637 (5) (same); English v. State, 300 Ga. 471, 473-475 (2) (796 SE2d 258) (2017) (same); Rashid v. State, 292 49 Ga. 414, 422 (7) (737 SE2d 692) (2013) (same).24 Additionally, the Court of Appeals has held that, absent a timely request for a similar for | 1 | 1 |
Armstrong v. Stategreen2 sentences2021See Herrington v. State, 243 Ga. App. 265, 266-267 (3) (533 SE2d 133) (2000).25 24 Although it did not appear to explicitly consider the issue under the plain-error framework, the Court of Appeals reached a similar conclusion in Armstrong v. State, 325 Ga. App. 33, 36-37 (2) (752 SE2d 120) (2013), and Farley v. State, 314 Ga. App. 660, 666-667 (5) (725 SE2d 794) (2012), when it held in each case that there was no reversible error in failing to sua sponte instruct the jury regarding corroboration of a confession where the defendant did not request the instruction and his statement was corrobora 2021See Herrington v. State, 243 Ga. App. 265, 266-267 (3) (533 SE2d 133) (2000).25 24 Although it did not appear to explicitly consider the issue under the plain-error framework, the Court of Appeals reached a similar conclusion in Armstrong v. State, 325 Ga. App. 33, 36-37 (2) (752 SE2d 120) (2013), and Farley v. State, 314 Ga. App. 660, 666-667 (5) (725 SE2d 794) (2012), when it held in each case that there was no reversible error in failing to sua sponte instruct the jury regarding corroboration of a confession where the defendant did not request the instruction and his statement was corrobora | 1 | 1 |
Herrington v. Stategreen2 sentences2021See Herrington v. State, 243 Ga. App. 265, 266-267 (3) (533 SE2d 133) (2000).25 24 Although it did not appear to explicitly consider the issue under the plain-error framework, the Court of Appeals reached a similar conclusion in Armstrong v. State, 325 Ga. App. 33, 36-37 (2) (752 SE2d 120) (2013), and Farley v. State, 314 Ga. App. 660, 666-667 (5) (725 SE2d 794) (2012), when it held in each case that there was no reversible error in failing to sua sponte instruct the jury regarding corroboration of a confession where the defendant did not request the instruction and his statement was corrobora 2021See Herrington v. State, 243 Ga. App. 265, 266-267 (3) (533 SE2d 133) (2000).25 24 Although it did not appear to explicitly consider the issue under the plain-error framework, the Court of Appeals reached a similar conclusion in Armstrong v. State, 325 Ga. App. 33, 36-37 (2) (752 SE2d 120) (2013), and Farley v. State, 314 Ga. App. 660, 666-667 (5) (725 SE2d 794) (2012), when it held in each case that there was no reversible error in failing to sua sponte instruct the jury regarding corroboration of a confession where the defendant did not request the instruction and his statement was corrobora | 1 | 1 |
Farley v. Stategreen2 sentences2021See Herrington v. State, 243 Ga. App. 265, 266-267 (3) (533 SE2d 133) (2000).25 24 Although it did not appear to explicitly consider the issue under the plain-error framework, the Court of Appeals reached a similar conclusion in Armstrong v. State, 325 Ga. App. 33, 36-37 (2) (752 SE2d 120) (2013), and Farley v. State, 314 Ga. App. 660, 666-667 (5) (725 SE2d 794) (2012), when it held in each case that there was no reversible error in failing to sua sponte instruct the jury regarding corroboration of a confession where the defendant did not request the instruction and his statement was corrobora 2021See Herrington v. State, 243 Ga. App. 265, 266-267 (3) (533 SE2d 133) (2000).25 24 Although it did not appear to explicitly consider the issue under the plain-error framework, the Court of Appeals reached a similar conclusion in Armstrong v. State, 325 Ga. App. 33, 36-37 (2) (752 SE2d 120) (2013), and Farley v. State, 314 Ga. App. 660, 666-667 (5) (725 SE2d 794) (2012), when it held in each case that there was no reversible error in failing to sua sponte instruct the jury regarding corroboration of a confession where the defendant did not request the instruction and his statement was corrobora | 1 | 1 |
L & W Supply Corp. v. Whaley Constr. Co.green1 sentence2009We have also recognized, however, that OCGA § 44-14-361.1 (a) (2), tempers this principle of strict construction with respect to the form of the claim of lien, by stating that the “claim shall *123 in substance be as follows.. .(Emphasis supplied.) L&W Supply Corp., supra, 197 Ga. App. at 681, 683 . | 1 | 1 |
Williams v. State of Californiagreen2 sentences1992See Galati v. Town of Longboat Key, 562 S2d 780, 781 (Fla. App. 2 Dist. 1990); Williams v. State, 664 P2d 137, 139 (Cal. 1983) (immunity issues do not arise until it is determined that a governmental entity owes a duty of care to the plaintiff). 1992See Galati v. Town of Longboat Key, 562 S2d 780, 781 (Fla. App. 2 Dist. 1990); Williams v. State, 664 P2d 137, 139 (Cal. 1983) (immunity issues do not arise until it is determined that a governmental entity owes a duty of care to the plaintiff). | 1 | 1 |
Mincey v. Stategreen2 sentences1988See Mincey v. State, 180 Ga. App. 263 ( 349 SE2d 1 ). 1988See Mincey v. State, 180 Ga. App. 263 ( 349 SE2d 1 ). | 1 | 1 |
Morris v. Stategreen2 sentences1953“To enforce by a review the performance of the duty imposed by statute upon the trial judge, the law in the form of a rule of procedure, requiring an objection during the trial, must be observed.” Morris v. State, 200 Ga. 471, 480 ( 37 S. E. 2d 345 ). 1953“To enforce by a review the performance of the duty imposed by statute upon the trial judge, the law in the form of a rule of procedure, requiring an objection during the trial, must be observed.” Morris v. State, 200 Ga. 471, 480 ( 37 S. E. 2d 345 ). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Crump v. Commonwealth
green
2 sentences1904In the case of Crump v. Com., in the Supreme Court of Appeals of Virginia, 23 S. E. 760 , that court held that such an instruction to a jury in a rape 'case was irrelevant and without application, saying, in this connection : “ The oft-repeated observation of Lord Hale, which it was here attempted to put in the form of an instruction, was entirely proper by way of argument to the jury, but not as an independent instruction.” We concur in this view, and hold that the refusal to charge as requested in the present case was not ground for a new trial. 4. 1904In the case of Crump v. Com., in the Supreme Court of Appeals of Virginia, 23 S. E. 760 , that court held that such an instruction to a jury in a rape 'case was irrelevant and without application, saying, in this connection : “ The oft-repeated observation of Lord Hale, which it was here attempted to put in the form of an instruction, was entirely proper by way of argument to the jury, but not as an independent instruction.” We concur in this view, and hold that the refusal to charge as requested in the present case was not ground for a new trial. 4. | 2 | 1904–1904 |
State v. LOPEZ-CARDONA
green
1 sentence2026But “it is well settled that a 7 relinquishment of the rights pursuant to Miranda need not be express.” Lopez-Cardona, 319 Ga. at 227 . | 1 | 2026–2026 |
Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.
green
2 sentences2023Abilene Cotton Oil, 204 U.S. 426, long credited as the first application of the doctrine of pri- mary jurisdiction, see Winters at 552, is a good example. 2023Abilene Cotton Oil, 204 U.S. 426 , long credited as the first application of the doctrine of pri- mary jurisdiction, see Winters at 552, is a good example. | 1 | 2023–2023 |
In re Houser
green
2 sentences2021See, e.g., Hood v. State, __ Ga. __ (860 SE2d 432, 442 (2)) (2021) (pretermitting whether the failure to give the instruction constituted clear and obvious error and determining that the outcome was not likely affected by the omission of the instruction); Horton v. State, 310 Ga. 310, 322 (3) (b) (849 SE2d 382) (2020) (same); Clarke, 308 Ga. at 637 (5) (same); English v. State, 300 Ga. 471, 473-475 (2) (796 SE2d 258) (2017) (same); Rashid v. State, 292 49 Ga. 414, 422 (7) (737 SE2d 692) (2013) (same).24 Additionally, the Court of Appeals has held that, absent a timely request for a similar for 2021See, e.g., Hood v. State, 311 Ga. 855, 866-867 (2) ( 860 SE2d 432 ) (2021) (pretermitting whether the failure to give the instruction constituted clear and obvious error and determining that the outcome was not likely affected by the omission of the 49 instruction); Horton, 310 Ga. at 322 (3) (b) (same); Clarke, 308 Ga. at 637 (5) (same); English v. State, 300 Ga. 471, 473-475 (2) ( 796 SE2d 258 ) (2017) (same); Rashid v. State, 292 Ga. 414, 422 (7) ( 737 SE2d 692 ) (2013) (same).24 Additionally, the Court of Appeals has held that, absent a timely request for a similar form of this instruction | 1 | 2021–2021 |
Brown v. Middle Georgia Hospital, Inc.
green
2 sentences1995In Brown v. Middle Ga. Hosp., 211 Ga. App. 884 , 440 S.E.2d 687 (1994), we were similarly faced with the argument that a facsimile was sufficient or, if not, the failure to file the original was an amendable defect. 1995In Brown v. Middle Ga. Hosp., 211 Ga. App. 884 , 440 S.E.2d 687 (1994), we were similarly faced with the argument that a facsimile was sufficient or, if not, the failure to file the original was an amendable defect. | 1 | 1995–1995 |
Cardin v. Riegel Textile Corporation
green
2 sentences1970Cardin v. Riegel Textile Corp., 217 Ga. 797 ( 125 SE2d 62 ), and Argonaut Ins. 1970Cardin v. Riegel Textile Corp., 217 Ga. 797 ( 125 SE2d 62 ), and Argonaut Ins. | 1 | 1970–1970 |
Pool v. Perdue
green
1 sentence1937Therefore, in view of the fact that the notice conveyed in writing the information required by the statute, “pend-ency of such attachment and of the proceedings thereon” (Pool v. Perdue, 44 Ga. 454 (4), 458; Code, § 8-602), and the defendants were in no manner prejudiced by the absence of a signature to the notice, we are of the opinion that it was sufficient notice to entitle the plaintiff to a judgment on the declaration filed as at common law. | 1 | 1937–1937 |
Anderson v. Southern Railway Co.
green
2 sentences1910As to the form of the exception, see Anderson v. Southern Railway Co., 107 Ga. 500 ( 33 S. E. 644 ). 1910As to the form of the exception, see Anderson v. Southern Railway Co., 107 Ga. 500 ( 33 S. E. 644 ). | 1 | 1910–1910 |
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.