highly probable test (Georgia) · Go Syfert
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highly probable test in Georgia

14 Georgia opinions name it 2 courts 1979–2023 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 (14)

CaseFollowedCited
Johnson v. Stategreen
ga · 1976 · cited in 5 Georgia opinions naming this issue, 1979–2023
2 sentences

2023Id. (citations and punctuation omitted); Johnson v. State, 238 Ga. 59, 61 (230 SE2d 869) (1976) (discussing and adopting the highly- probable test for nonconstitutional errors). 11 Middlebrooks’s burden in asserting the insanity defense was to prove by a preponderance of the evidence that she was mentally 11 To compare the test that governs the determination of harmlessness when an evidentiary ruling amounts to constitutional error, see Moore v. State, 315 Ga, 263, 271 (3) (b) (882 SE2d 227) (2022) (“A constitutional error is harmless if the State can prove beyond a reasonable doubt that the e

2023Id. (citations and punctuation omitted); Johnson v. State, 238 Ga. 59, 61 (230 SE2d 869) (1976) (discussing and adopting the highly- probable test for nonconstitutional errors). 11 Middlebrooks’s burden in asserting the insanity defense was to prove by a preponderance of the evidence that she was mentally 11 To compare the test that governs the determination of harmlessness when an evidentiary ruling amounts to constitutional error, see Moore v. State, 315 Ga, 263, 271 (3) (b) (882 SE2d 227) (2022) (“A constitutional error is harmless if the State can prove beyond a reasonable doubt that the e

35
Hammond v. Stategreen
ga · 2011 · cited in 2 Georgia opinions naming this issue, 2013–2013
2 sentences

2013Id. at 144 (punctuation and citations omitted).

2013(Citations and punctuation omitted.) Id. at 144.

22
Felder v. Stategreen
ga · 1996 · cited in 2 Georgia opinions naming this issue, 2003–2007
2 sentences

2007Felder v. State, 266 Ga. 574, 576 (2) ( 468 SE2d 769 ) (1996).

2007Felder v. State, 266 Ga. 574, 576 (2) ( 468 SE2d 769 ) (1996).

22
Letlow v. Stategreen
gactapp · 1996 · cited in 2 Georgia opinions naming this issue, 1997–2000
2 sentences

2000If it is highly probable that the error did not contribute to the judgment then the error is harmless.” (Cita *225 tions and punctuation omitted.) Letlow v. State, 222 Ga. App. 339, 343 ( 474 SE2d 211 ) (1996).

2000If it is highly probable that the error did not contribute to the judgment then the error is harmless.” (Cita *225 tions and punctuation omitted.) Letlow v. State, 222 Ga. App. 339, 343 ( 474 SE2d 211 ) (1996).

22
Hill v. Stategreen
ga · 2020 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023Id. (citations and punctuation omitted); Johnson v. State, 238 Ga. 59, 61 (230 SE2d 869) (1976) (discussing and adopting the highly- probable test for nonconstitutional errors). 11 Middlebrooks’s burden in asserting the insanity defense was to prove by a preponderance of the evidence that she was mentally 11 To compare the test that governs the determination of harmlessness when an evidentiary ruling amounts to constitutional error, see Moore v. State, 315 Ga, 263, 271 (3) (b) (882 SE2d 227) (2022) (“A constitutional error is harmless if the State can prove beyond a reasonable doubt that the e

2023Id. (citations and punctuation omitted); Johnson v. State, 238 Ga. 59, 61 (230 SE2d 869) (1976) (discussing and adopting the highly- probable test for nonconstitutional errors). 11 Middlebrooks’s burden in asserting the insanity defense was to prove by a preponderance of the evidence that she was mentally 11 To compare the test that governs the determination of harmlessness when an evidentiary ruling amounts to constitutional error, see Moore v. State, 315 Ga, 263, 271 (3) (b) (882 SE2d 227) (2022) (“A constitutional error is harmless if the State can prove beyond a reasonable doubt that the e

11
Ensslin v. Stategreen
ga · 2020 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023Id. (citations and punctuation omitted); Johnson v. State, 238 Ga. 59, 61 (230 SE2d 869) (1976) (discussing and adopting the highly- probable test for nonconstitutional errors). 11 Middlebrooks’s burden in asserting the insanity defense was to prove by a preponderance of the evidence that she was mentally 11 To compare the test that governs the determination of harmlessness when an evidentiary ruling amounts to constitutional error, see Moore v. State, 315 Ga, 263, 271 (3) (b) (882 SE2d 227) (2022) (“A constitutional error is harmless if the State can prove beyond a reasonable doubt that the e

2023Id. (citations and punctuation omitted); Johnson v. State, 238 Ga. 59, 61 (230 SE2d 869) (1976) (discussing and adopting the highly- probable test for nonconstitutional errors). 11 Middlebrooks’s burden in asserting the insanity defense was to prove by a preponderance of the evidence that she was mentally 11 To compare the test that governs the determination of harmlessness when an evidentiary ruling amounts to constitutional error, see Moore v. State, 315 Ga, 263, 271 (3) (b) (882 SE2d 227) (2022) (“A constitutional error is harmless if the State can prove beyond a reasonable doubt that the e

11
Bowman v. Stategreen
ga · 2019 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023See Bowman v. State, 306 Ga. 97, 100 (1) (c) (829 SE2d 139) (2019).

2023See Bowman v. State, 306 Ga. 97, 100 (1) (c) (829 SE2d 139) (2019).

11
McCord v. Stategreen
ga · 2019 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023Id. (citations and punctuation omitted); Johnson v. State, 238 Ga. 59, 61 (230 SE2d 869) (1976) (discussing and adopting the highly- probable test for nonconstitutional errors). 11 Middlebrooks’s burden in asserting the insanity defense was to prove by a preponderance of the evidence that she was mentally 11 To compare the test that governs the determination of harmlessness when an evidentiary ruling amounts to constitutional error, see Moore v. State, 315 Ga, 263, 271 (3) (b) (882 SE2d 227) (2022) (“A constitutional error is harmless if the State can prove beyond a reasonable doubt that the e

2023Id. (citations and punctuation omitted); Johnson v. State, 238 Ga. 59, 61 (230 SE2d 869) (1976) (discussing and adopting the highly- probable test for nonconstitutional errors). 11 Middlebrooks’s burden in asserting the insanity defense was to prove by a preponderance of the evidence that she was mentally 11 To compare the test that governs the determination of harmlessness when an evidentiary ruling amounts to constitutional error, see Moore v. State, 315 Ga, 263, 271 (3) (b) (882 SE2d 227) (2022) (“A constitutional error is harmless if the State can prove beyond a reasonable doubt that the e

11
Franks v. Stategreen
ga · 2004 · cited in 1 Georgia opinions naming this issue, 2017–2017
2 sentences

2017See Johnson v. State, 238 Ga. 59, 61 ( 230 SE2d 869 ) (1976); see also Franks v. State, 278 Ga. 246, 266 (6) ( 599 SE2d 134 ) (2004) (applying the highly probable test to determine whether a jury instruction rendered erroneous by a new rule adopted while the case was in the appellate pipeline constituted reversible error).

2017See Johnson v. State, 238 Ga. 59, 61 ( 230 SE2d 869 ) (1976); see also Franks v. State, 278 Ga. 246, 266 (6) ( 599 SE2d 134 ) (2004) (applying the highly probable test to determine whether a jury instruction rendered erroneous by a new rule adopted while the case was in the appellate pipeline constituted reversible error).

11
Watson v. Stategreen
ga · 2015 · cited in 1 Georgia opinions naming this issue, 2017–2017
1 sentence

2017Following Watson , the trial court’s charge “effectively relieved the State of its burden to prove [lack of consent,] an essential element of the crime of sexual battery.” Watson, 297 Ga. at 721 (2).

11
Brewton v. Stategreen
gactapp · 1985 · cited in 1 Georgia opinions naming this issue, 2007–2007
1 sentence

2007Brewton, 174 Ga. App. at 111 (2).

11
Berry v. Stategreen
gactapp · 1993 · cited in 1 Georgia opinions naming this issue, 2003–2003
2 sentences

2003(Cit.)’ Berry v. State, 210 Ga. App. 789, 791 (3) ( 437 SE2d 630 ) (1993).” Felder v. State, 266 Ga. 574, 576 (2) ( 468 SE2d 769 ) (1996).

2003(Cit.)’ Berry v. State, 210 Ga. App. 789, 791 (3) ( 437 SE2d 630 ) (1993).” Felder v. State, 266 Ga. 574, 576 (2) ( 468 SE2d 769 ) (1996).

11
Owens v. Stategreen
ga · 1981 · cited in 1 Georgia opinions naming this issue, 1997–1997
2 sentences

1997If it is highly [probable] that the error did not contribute to the judgment then the error is harmless.” Owens v. State, 248 Ga. 629, 631 ( 284 SE2d 408 ) (1981).

1997If it is highly [probable] that the error did not contribute to the judgment then the error is harmless.” Owens v. State, 248 Ga. 629, 631 ( 284 SE2d 408 ) (1981).

11
Sanford v. Stategreen
gactapp · 1980 · cited in 1 Georgia opinions naming this issue, 1988–1988
2 sentences

1988The proper standard for such a determination is the highly probable test, i.e., that it is highly probable that the error did not, contribute to the judgment.” (Citations and punctuation omitted.) Sanford v. State, 153 Ga. App. 541, 542 ( 265 SE2d 868 ) (1980).

1988The proper standard for such a determination is the highly probable test, i.e., that it is highly probable that the error did not, contribute to the judgment.” (Citations and punctuation omitted.) Sanford v. State, 153 Ga. App. 541, 542 ( 265 SE2d 868 ) (1980).

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 (3)

CaseCitedYears
Hill v. State green
ga · 1980
2 sentences

1985Hill v. State, 246 Ga. 402 ( 271 SE2d 802 ) (1980).

1985Hill v. State, 246 Ga. 402 ( 271 SE2d 802 ) (1980).

21984–1985
Moore v. State green
ga · 2022
2 sentences

2023Id. (citations and punctuation omitted); Johnson v. State, 238 Ga. 59, 61 ( 230 SE2d 869 ) (1976) (discussing and adopting the highly- probable test for nonconstitutional errors).11 Middlebrooks’s burden in asserting the insanity defense was to prove by a preponderance of the evidence that she was mentally 11 To compare the test that governs the determination of harmlessness when an evidentiary ruling amounts to constitutional error, see Moore v. State, 315 Ga, 263, 271 (3) (b) ( 882 SE2d 227 ) (2022) (“A constitutional error is harmless if the State can prove beyond a reasonable doubt that th

2023Id. (citations and punctuation omitted); Johnson v. State, 238 Ga. 59, 61 (230 SE2d 869) (1976) (discussing and adopting the highly- probable test for nonconstitutional errors). 11 Middlebrooks’s burden in asserting the insanity defense was to prove by a preponderance of the evidence that she was mentally 11 To compare the test that governs the determination of harmlessness when an evidentiary ruling amounts to constitutional error, see Moore v. State, 315 Ga, 263, 271 (3) (b) (882 SE2d 227) (2022) (“A constitutional error is harmless if the State can prove beyond a reasonable doubt that the e

12023–2023
Jones v. State green
ga · 2022
2 sentences

2023Id. (citations and punctuation omitted); Johnson v. State, 238 Ga. 59, 61 ( 230 SE2d 869 ) (1976) (discussing and adopting the highly- probable test for nonconstitutional errors).11 Middlebrooks’s burden in asserting the insanity defense was to prove by a preponderance of the evidence that she was mentally 11 To compare the test that governs the determination of harmlessness when an evidentiary ruling amounts to constitutional error, see Moore v. State, 315 Ga, 263, 271 (3) (b) ( 882 SE2d 227 ) (2022) (“A constitutional error is harmless if the State can prove beyond a reasonable doubt that th

2023Id. (citations and punctuation omitted); Johnson v. State, 238 Ga. 59, 61 (230 SE2d 869) (1976) (discussing and adopting the highly- probable test for nonconstitutional errors). 11 Middlebrooks’s burden in asserting the insanity defense was to prove by a preponderance of the evidence that she was mentally 11 To compare the test that governs the determination of harmlessness when an evidentiary ruling amounts to constitutional error, see Moore v. State, 315 Ga, 263, 271 (3) (b) (882 SE2d 227) (2022) (“A constitutional error is harmless if the State can prove beyond a reasonable doubt that the e

12023–2023

Where else courts name it

WA 25 (1972–2026) GA 14 (1979–2023) MI 5 (1996–1999)

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.

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