Daniels motion (Georgia) · Go Syfert
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Daniels motion in Georgia

12 Georgia opinions name it 2 courts 1983–2022 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 (16)

CaseFollowedCited
Thomas v. Stategreen
ga · 2017 · cited in 2 Georgia opinions naming this issue, 2017–2017
2 sentences

2017Counsel further testified that he believed that the better course of action was to “hide in the weeds” and, as the multi-defendant trial concerned five incidents, and as Daniels was accused of being involved in only one of them, to try to avoid Daniels being mentioned often during trial, and hope that he could remain in obscurity. 4 Counsel’s chosen strategy was not patently unreasonable, see Thomas v. State, 300 Ga. 433, 438 (2) (a) (1) ( 796 SE2d 242 ) (2017); Harris v. State, 279 Ga. 522, 529 (6) ( 615 SE2d 532 ) (2005), and the fact that Daniels’s present counsel might have pursued a diffe

2017Counsel further testified that he believed that the better course of action was to “hide in the weeds” and, as the multi-defendant trial concerned five incidents, and as Daniels was accused of being involved in only one of them, to try to avoid Daniels being mentioned often during trial, and hope that he could remain in obscurity. 4 Counsel’s chosen strategy was not patently unreasonable, see Thomas v. State, 300 Ga. 433, 438 (2) (a) (1) ( 796 SE2d 242 ) (2017); Harris v. State, 279 Ga. 522, 529 (6) ( 615 SE2d 532 ) (2005), and the fact that Daniels’s present counsel might have pursued a diffe

22
Harris v. Stategreen
ga · 2005 · cited in 2 Georgia opinions naming this issue, 2017–2017
2 sentences

2017Counsel further testified that he believed that the better course of action was to “hide in the weeds” and, as the multi-defendant trial concerned five incidents, and as Daniels was accused of being involved in only one of them, to try to avoid Daniels being mentioned often during trial, and hope that he could remain in obscurity. 4 Counsel’s chosen strategy was not patently unreasonable, see Thomas v. State, 300 Ga. 433, 438 (2) (a) (1) ( 796 SE2d 242 ) (2017); Harris v. State, 279 Ga. 522, 529 (6) ( 615 SE2d 532 ) (2005), and the fact that Daniels’s present counsel might have pursued a diffe

2017Counsel further testified that he believed that the better course of action was to “hide in the weeds” and, as the multi-defendant trial concerned five incidents, and as Daniels was accused of being involved in only one of them, to try to avoid Daniels being mentioned often during trial, and hope that he could remain in obscurity. 4 Counsel’s chosen strategy was not patently unreasonable, see Thomas v. State, 300 Ga. 433, 438 (2) (a) (1) ( 796 SE2d 242 ) (2017); Harris v. State, 279 Ga. 522, 529 (6) ( 615 SE2d 532 ) (2005), and the fact that Daniels’s present counsel might have pursued a diffe

22
Bedford v. Stategreen
ga · 2021 · cited in 1 Georgia opinions naming this issue, 2022–2022
2 sentences

2022See Bedford, 311 Ga. at 334-335 (3).

2022See Bedford, 311 Ga. at 334-335 (3).

11
Green v. Stategreen
ga · 2007 · cited in 1 Georgia opinions naming this issue, 2022–2022
2 sentences

2022See Green v. State, 282 Ga. 672, 674 (2) (653 SE2d 23) (2007). (ii) On Daniels’s motion, the trial court held two Jackson- Denno hearings 10 regarding the admissibility of Daniels’s statements to the police.

2022See Green v. State, 282 Ga. 672, 674 (2) (653 SE2d 23) (2007). (ii) On Daniels’s motion, the trial court held two Jackson- Denno hearings 10 regarding the admissibility of Daniels’s statements to the police.

11
Sewell v. Stategreen
gactapp · 1997 · cited in 1 Georgia opinions naming this issue, 2009–2009
2 sentences

2009See also Razor, 259 Ga. App. at 199-200 (5) (a); Sewell v. State, 229 Ga. App. 685, 689 (1) (d) ( 494 SE2d 512 ) (1997). (b) Daniels next contends that trial counsel rendered ineffective assistance when he failed to object to the prosecutor’s opening statement and to witness testimony suggesting that he had a prior criminal history.

2009See also Razor, 259 Ga. App. at 199-200 (5) (a); Sewell v. State, 229 Ga. App. 685, 689 (1) (d) ( 494 SE2d 512 ) (1997). (b) Daniels next contends that trial counsel rendered ineffective assistance when he failed to object to the prosecutor’s opening statement and to witness testimony suggesting that he had a prior criminal history.

11
Razor v. Stategreen
gactapp · 2003 · cited in 1 Georgia opinions naming this issue, 2009–2009
1 sentence

2009See also Razor, 259 Ga. App. at 199-200 (5) (a); Sewell v. State, 229 Ga. App. 685, 689 (1) (d) ( 494 SE2d 512 ) (1997). (b) Daniels next contends that trial counsel rendered ineffective assistance when he failed to object to the prosecutor’s opening statement and to witness testimony suggesting that he had a prior criminal history.

11
Cooper v. Stategreen
ga · 2007 · cited in 1 Georgia opinions naming this issue, 2009–2009
1 sentence

2009See Cooper, 281 Ga. at 760-761 (2); Heard v. State, 210 Ga. App. 805, 806 (2) ( 437 SE2d 496 ) (1993). 5.

11
Heard v. Stategreen
gactapp · 1993 · cited in 1 Georgia opinions naming this issue, 2009–2009
2 sentences

2009See Cooper, 281 Ga. at 760-761 (2); Heard v. State, 210 Ga. App. 805, 806 (2) ( 437 SE2d 496 ) (1993). 5.

2009See Cooper, 281 Ga. at 760-761 (2); Heard v. State, 210 Ga. App. 805, 806 (2) ( 437 SE2d 496 ) (1993). 5.

11
Hodnett v. Stategreen
ga · 1998 · cited in 1 Georgia opinions naming this issue, 2009–2009
1 sentence

2009Daniels’s claim must fail since he “has not demonstrated in any manner that counsel’s preparation resulted in professional error or that counsel could have done anything differently which would have produced a more favorable outcome at trial.” Hodnett, 269 Ga. at 119 (6).

11
Stansell v. Stategreen
ga · 1998 · cited in 1 Georgia opinions naming this issue, 2003–2003
2 sentences

2003Stansell v. State, 270 Ga. 147, 148 (1) ( 510 SE2d 292 ) (1998). 2.

2003Stansell v. State, 270 Ga. 147, 148 (1) ( 510 SE2d 292 ) (1998). 2.

11
Hamilton v. Stategreen
ga · 1986 · cited in 1 Georgia opinions naming this issue, 1999–1999
2 sentences

1999“Single representation of multiple defendants raises no per se presumption of conflict of interest or prejudice. [Cit.]” Hamilton v. State, 255 Ga. 468, 470 (2) ( 339 SE2d 707 ) (1986).

1999“Single representation of multiple defendants raises no per se presumption of conflict of interest or prejudice. [Cit.]” Hamilton v. State, 255 Ga. 468, 470 (2) ( 339 SE2d 707 ) (1986).

11
Cammon v. Stategreen
ga · 1998 · cited in 1 Georgia opinions naming this issue, 1999–1999
2 sentences

1999Cammon v. State, 269 Ga. 470, 472 (4) ( 500 SE2d 329 ) (1998). (a) We find no merit in Daniels’ claim that dual representation caused actual and potential conflicts which resulted in ineffective assistance of counsel.

1999Cammon v. State, 269 Ga. 470, 472 (4) ( 500 SE2d 329 ) (1998). (a) We find no merit in Daniels’ claim that dual representation caused actual and potential conflicts which resulted in ineffective assistance of counsel.

11
Lee v. Stategreen
ga · 1981 · cited in 1 Georgia opinions naming this issue, 1994–1994
2 sentences

1994Based on this evidence, the trial court did not err in denying Daniels’ motion for directed verdict, Lee v. State, 247 Ga. 411, 412 ( 276 SE2d 590 ) (1981), and the jury was authorized to find Daniels guilty of the crimes of which she was convicted beyond a reasonable doubt, Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 2.

1994Based on this evidence, the trial court did not err in denying Daniels’ motion for directed verdict, Lee v. State, 247 Ga. 411, 412 ( 276 SE2d 590 ) (1981), and the jury was authorized to find Daniels guilty of the crimes of which she was convicted beyond a reasonable doubt, Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 2.

11
Lynch v. Georgia Power Companygreen
gactapp · 1986 · cited in 1 Georgia opinions naming this issue, 1991–1991
2 sentences

1991Although the pleadings in support of the Daniels’ motion for summary judgment state that certain events occurred, this is not sufficient for these purposes. “[A] brief in support of a motion for summary judgment is not proper evidence upon which summary judgment can be granted.” Lynch v. Ga. Power Co., 180 Ga. App. 178, 179 ( 348 SE2d 719 ).

1991Although the pleadings in support of the Daniels’ motion for summary judgment state that certain events occurred, this is not sufficient for these purposes. “[A] brief in support of a motion for summary judgment is not proper evidence upon which summary judgment can be granted.” Lynch v. Ga. Power Co., 180 Ga. App. 178, 179 ( 348 SE2d 719 ).

11
Daniels v. Stategreen
gactapp · 1981 · cited in 1 Georgia opinions naming this issue, 1983–1983
2 sentences

1983Daniels’ challenge to the charge on voluntary manslaughter was raised in his initial appeal and addressed in Daniels v. State, 158 Ga. App. 476, 477 (2) ( 282 SE2d 118 ) (1981).

1983Daniels’ challenge to the charge on voluntary manslaughter was raised in his initial appeal and addressed in Daniels v. State, 158 Ga. App. 476, 477 (2) ( 282 SE2d 118 ) (1981).

11
Gresham v. Stategreen
ga · 1960 · cited in 1 Georgia opinions naming this issue, 1983–1983
2 sentences

1983In pertinent part, we reiterate the standard explained therein: “ ‘On the trial of a murder case, if there is any evidence to create a doubt, however slight, as to whether the offense is murder or voluntary manslaughter, instructions as to the law of both offenses should be given.’ ” (Emphasis supplied.) Gresham v. State, 216 Ga. 106, 108 ( 115 SE2d 191 ) (1960); Ward v. State, 151 Ga. App. 36 (1) ( 258 SE2d 699 ) (1979).

1983In pertinent part, we reiterate the standard explained therein: “ ‘On the trial of a murder case, if there is any evidence to create a doubt, however slight, as to whether the offense is murder or voluntary manslaughter, instructions as to the law of both offenses should be given.’ ” (Emphasis supplied.) Gresham v. State, 216 Ga. 106, 108 ( 115 SE2d 191 ) (1960); Ward v. State, 151 Ga. App. 36 (1) ( 258 SE2d 699 ) (1979).

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 (7)

CaseCitedYears
Jackson v. Virginia red
scotus · 1979
2 sentences

1999Despite these shortcomings in Daniels’ brief, we have nonetheless reviewed the evidence and find it sufficient to support both convictions under the standard set forth in Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

1994Based on this evidence, the trial court did not err in denying Daniels’ motion for directed verdict, Lee v. State, 247 Ga. 411, 412 ( 276 SE2d 590 ) (1981), and the jury was authorized to find Daniels guilty of the crimes of which she was convicted beyond a reasonable doubt, Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 2.

31983–1999
Jackson v. Denno green
scotus · 1964
2 sentences

2022According to the evidence presented in the 10 See Jackson v. Denno, 378 U.S. 368 (84 SCt 1774, 12 LE2d 908) (1964). 14 first of those hearings, which was conducted just before jury selection, Daniels was arrested at his home around 9:45 a.m. on January 11.

2022According to the evidence presented in the 10 See Jackson v. Denno, 378 U.S. 368 (84 SCt 1774, 12 LE2d 908) (1964). 14 first of those hearings, which was conducted just before jury selection, Daniels was arrested at his home around 9:45 a.m. on January 11.

12022–2022
Crawford v. Washington green
scotus · 2004
1 sentence

2006The opinion of the United States Supreme Court in Crawford v. Washington, 541 U. S. 36 (124 SC 1354, 158 LE2d 177) (2004), declares that a testimonial out-of-court interview such as the one at issue is inadmissible as a violation of the Confrontation Clause of the United States Constitution.

12006–2006
Alabama v. White green
scotus · 1990
2 sentences

2006The majority contends that this case is materially similar to and controlled by Alabama v. White, 496 U. S. 325 (110 SC 2412, 110 LE2d 301) (1990).

2006The majority contends that this case is materially similar to and controlled by Alabama v. White, 496 U.S. 325 , 110 S.Ct. 2412 , 110 L.Ed.2d 301 (1990).

12006–2006
Smith, Bassett, Purcell & Koenig v. Word of God Ministries, Inc. green
gactapp · 1998
2 sentences

2005Following the hearing, the trial court ruled that pursuant to Smith, Bassett &c. v. Word of God Ministries, 234 Ga. App. 263 ( 506 SE2d 427 ) (1998), Daniels could still pursue his attorney fees lien, and vacated the dismissal of the case.

2005Following the hearing, the trial court ruled that pursuant to Smith, Bassett &c. v. Word of God Ministries, 234 Ga. App. 263 ( 506 SE2d 427 ) (1998), Daniels could still pursue his attorney fees lien, and vacated the dismissal of the case.

12005–2005
Stephens v. State green
gactapp · 1994
2 sentences

1999As in Stephens v. State, 214 Ga. App. 183 , *519 187 (9) (b) ( 447 SE2d 26 ) (1994), “the testimony of both co-defendants was wholly exculpatory of the other.” Because Daniels has failed to demonstrate an actual conflict that adversely affected his trial counsel’s representation of Curry, the trial court did not err when it denied Daniels’ motion for a new trial on this ground. (b) Daniels claims his attorney was also ineffective because he failed to take steps to locate and subpoena the informant.

1999As in Stephens v. State, 214 Ga. App. 183 , *519 187 (9) (b) ( 447 SE2d 26 ) (1994), “the testimony of both co-defendants was wholly exculpatory of the other.” Because Daniels has failed to demonstrate an actual conflict that adversely affected his trial counsel’s representation of Curry, the trial court did not err when it denied Daniels’ motion for a new trial on this ground. (b) Daniels claims his attorney was also ineffective because he failed to take steps to locate and subpoena the informant.

11999–1999
Ward v. State green
gactapp · 1979
2 sentences

1983In pertinent part, we reiterate the standard explained therein: “ ‘On the trial of a murder case, if there is any evidence to create a doubt, however slight, as to whether the offense is murder or voluntary manslaughter, instructions as to the law of both offenses should be given.’ ” (Emphasis supplied.) Gresham v. State, 216 Ga. 106, 108 ( 115 SE2d 191 ) (1960); Ward v. State, 151 Ga. App. 36 (1) ( 258 SE2d 699 ) (1979).

1983In pertinent part, we reiterate the standard explained therein: “ ‘On the trial of a murder case, if there is any evidence to create a doubt, however slight, as to whether the offense is murder or voluntary manslaughter, instructions as to the law of both offenses should be given.’ ” (Emphasis supplied.) Gresham v. State, 216 Ga. 106, 108 ( 115 SE2d 191 ) (1960); Ward v. State, 151 Ga. App. 36 (1) ( 258 SE2d 699 ) (1979).

11983–1983

Where else courts name it

CA 61 (1971–2025) IL 12 (2002–2025) GA 12 (1983–2022) PA 8 (1984–2023) TX 7 (1957–2019) IN 5 (1974–2017) NY 5 (1984–2013) FL 5 (1994–2022) MT 4 (2005–2017) OH 4 (1988–2018) MS 4 (2008–2019) MO 4 (1987–2019) WA 3 (2018–2021) NC 3 (1959–2010) IA 2 (2019–2020) MA 2 (2009–2012) HI 2 (2005–2010) NE 2 (1999–2004) DE 2 (2025–2025) NM 2 (2015–2015) RI 2 (1981–1996) AL 2 (1985–2009)

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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