general legal principle (Georgia) · Go Syfert
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general legal principle in Georgia

12 Georgia opinions name it 2 courts 1922–2024 3 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
Atkinson v. Stategreen
gactapp · 2000 · cited in 3 Georgia opinions naming this issue, 2019–2022
2 sentences

2022See Ct. App. R. 25 (c) (2) (“Any enumeration of error that is not supported in the brief by citation of authority or argument may be deemed abandoned.”) See also Atkinson v. State, 243 Ga. App. 570, 575 (2) ( 531 SE2d 743 ) (2000) (deeming an argument abandoned where the appellant cited to the general legal standard and presented a single conclusory sentence). 5 466 U. S. 668 ( 104 SCt 2052 , 80 LEd.2d 674) (1984). 15 erroneous, but we independently apply the legal principles to the facts.

2022See Ct. App. R. 25 (c) (2) (“Any enumeration of error that is not supported in the brief by citation of authority or argument may be deemed abandoned.”) See also Atkinson v. State, 243 Ga. App. 570, 575 (2) ( 531 SE2d 743 ) (2000) (deeming an argument abandoned where the appellant cited to the general legal standard and presented a single conclusory sentence). 5 466 U. S. 668 ( 104 SCt 2052 , 80 LEd.2d 674) (1984). 15 erroneous, but we independently apply the legal principles to the facts.

33
Green v. Stategreen
gactapp · 1993 · cited in 2 Georgia opinions naming this issue, 2019–2019
2 sentences

2019See Atkinson v. State , 243 Ga. App. 570 , 574 (2), 531 S.E.2d 743 (2000) (deeming an argument abandoned when the appellant cited to the general legal standard and presented a single sentence making a conclusory allegation that evidence was insufficient to support his conviction); Green v. State , 208 Ga. App. 1 , 2-3 (2), 429 S.E.2d 694 (1993) ("The principal purpose of argument is to provide guidance to this [C]ourt on the basis for a claim of error and for citations of authority which tend to support appellant's allegation of error.

2019See Atkinson v. State , 243 Ga. App. 570 , 574 (2), 531 S.E.2d 743 (2000) (deeming an argument abandoned when the appellant cited to the general legal standard and presented a single sentence making a conclusory allegation that evidence was insufficient to support his conviction); Green v. State , 208 Ga. App. 1 , 2-3 (2), 429 S.E.2d 694 (1993) ("The principal purpose of argument is to provide guidance to this [C]ourt on the basis for a claim of error and for citations of authority which tend to support appellant's allegation of error.

12
Ritter v. Stategreen
ga · 2000 · cited in 1 Georgia opinions naming this issue, 2024–2024
2 sentences

2024See Ritter, 272 Ga. at 553 (2) n.3.

2024See Ritter, 272 Ga. at 553 (2) n.3.

11
Willis v. Stategreen
ga · 2018 · cited in 1 Georgia opinions naming this issue, 2023–2023
1 sentence

2023See Harper v. State, 283 Ga. 102, 103-104 (1) (657 SE2d 213) (2008) (distinguishing between a “defect . . . in complying with the statutory directives governing how the jury commission should select grand jurors” and a defect “[w]here th[e] role of the jury commission ha[d] been entirely circumvented by the service of a grand juror it never selected for service, [which was] an ‘essential and substantial’ violation of the law” (citation and punctuation omitted; emphasis in original); Dawson v. State, 166 Ga. App. 515, 516-517 (2) (304 SE2d 570) (1983) (holding that a grand juror did not illegal

11
Harper v. Stategreen
ga · 2008 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023See Harper v. State, 283 Ga. 102, 103-104 (1) (657 SE2d 213) (2008) (distinguishing between a “defect . . . in complying with the statutory directives governing how the jury commission should select grand jurors” and a defect “[w]here th[e] role of the jury commission ha[d] been entirely circumvented by the service of a grand juror it never selected for service, [which was] an ‘essential and substantial’ violation of the law” (citation and punctuation omitted; emphasis in original); Dawson v. State, 166 Ga. App. 515, 516-517 (2) (304 SE2d 570) (1983) (holding that a grand juror did not illegal

2023See Harper v. State, 283 Ga. 102, 103-104 (1) (657 SE2d 213) (2008) (distinguishing between a “defect . . . in complying with the statutory directives governing how the jury commission should select grand jurors” and a defect “[w]here th[e] role of the jury commission ha[d] been entirely circumvented by the service of a grand juror it never selected for service, [which was] an ‘essential and substantial’ violation of the law” (citation and punctuation omitted; emphasis in original); Dawson v. State, 166 Ga. App. 515, 516-517 (2) (304 SE2d 570) (1983) (holding that a grand juror did not illegal

11
Dawson v. Stategreen
gactapp · 1983 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023See Harper v. State, 283 Ga. 102, 103-104 (1) (657 SE2d 213) (2008) (distinguishing between a “defect . . . in complying with the statutory directives governing how the jury commission should select grand jurors” and a defect “[w]here th[e] role of the jury commission ha[d] been entirely circumvented by the service of a grand juror it never selected for service, [which was] an ‘essential and substantial’ violation of the law” (citation and punctuation omitted; emphasis in original); Dawson v. State, 166 Ga. App. 515, 516-517 (2) (304 SE2d 570) (1983) (holding that a grand juror did not illegal

2023See Harper v. State, 283 Ga. 102, 103-104 (1) (657 SE2d 213) (2008) (distinguishing between a “defect . . . in complying with the statutory directives governing how the jury commission should select grand jurors” and a defect “[w]here th[e] role of the jury commission ha[d] been entirely circumvented by the service of a grand juror it never selected for service, [which was] an ‘essential and substantial’ violation of the law” (citation and punctuation omitted; emphasis in original); Dawson v. State, 166 Ga. App. 515, 516-517 (2) (304 SE2d 570) (1983) (holding that a grand juror did not illegal

11
Humphreys v. Stategreen
ga · 2010 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023See Harper v. State, 283 Ga. 102, 103-104 (1) (657 SE2d 213) (2008) (distinguishing between a “defect . . . in complying with the statutory directives governing how the jury commission should select grand jurors” and a defect “[w]here th[e] role of the jury commission ha[d] been entirely circumvented by the service of a grand juror it never selected for service, [which was] an ‘essential and substantial’ violation of the law” (citation and punctuation omitted; emphasis in original); Dawson v. State, 166 Ga. App. 515, 516-517 (2) (304 SE2d 570) (1983) (holding that a grand juror did not illegal

2023See Harper v. State, 283 Ga. 102, 103-104 (1) (657 SE2d 213) (2008) (distinguishing between a “defect . . . in complying with the statutory directives governing how the jury commission should select grand jurors” and a defect “[w]here th[e] role of the jury commission ha[d] been entirely circumvented by the service of a grand juror it never selected for service, [which was] an ‘essential and substantial’ violation of the law” (citation and punctuation omitted; emphasis in original); Dawson v. State, 166 Ga. App. 515, 516-517 (2) (304 SE2d 570) (1983) (holding that a grand juror did not illegal

11
Strickland v. Washingtongreen
scotus · 1984 · cited in 1 Georgia opinions naming this issue, 2022–2022
2 sentences

2022See Ct. App. R. 25 (c) (2) (“Any enumeration of error that is not supported in the brief by citation of authority or argument may be deemed abandoned.”) See also Atkinson v. State, 243 Ga. App. 570, 575 (2) ( 531 SE2d 743 ) (2000) (deeming an argument abandoned where the appellant cited to the general legal standard and presented a single conclusory sentence). 5 466 U. S. 668 ( 104 SCt 2052 , 80 LEd.2d 674) (1984). 15 erroneous, but we independently apply the legal principles to the facts.

2022See Ct. App. R. 25 (c) (2) (“Any enumeration of error that is not supported in the brief by citation of authority or argument may be deemed abandoned.”) See also Atkinson v. State, 243 Ga. App. 570, 575 (2) ( 531 SE2d 743 ) (2000) (deeming an argument abandoned where the appellant cited to the general legal standard and presented a single conclusory sentence). 5 466 U. S. 668 ( 104 SCt 2052 , 80 LEd.2d 674) (1984). 15 erroneous, but we independently apply the legal principles to the facts.

11
North v. Stategreen
gactapp · 2001 · cited in 1 Georgia opinions naming this issue, 2013–2013
2 sentences

2013Harrell filed two separate motions to suppress, which were consolidated in the trial court. 6 (Punctuation omitted.) North v. State, 250 Ga. App. 622, 623 (1) ( 552 SE2d 554 ) (2001). 4 regardless of the good faith of the government agents.”7 Thus, no evidence obtained in a manner that violates the wiretapping statutes is admissible to show guilt.8 Georgia’s wiretap statute provides as follows, at OCGA § 16-11-64 (c): Upon written application, under oath, of the prosecuting attorney having jurisdiction over prosecution of the crime under investigation, or the Attorney General, made before a ju

2013Harrell filed two separate motions to suppress, which were consolidated in the trial court. 6 (Punctuation omitted.) North v. State, 250 Ga. App. 622, 623 (1) ( 552 SE2d 554 ) (2001). 4 regardless of the good faith of the government agents.”7 Thus, no evidence obtained in a manner that violates the wiretapping statutes is admissible to show guilt.8 Georgia’s wiretap statute provides as follows, at OCGA § 16-11-64 (c): Upon written application, under oath, of the prosecuting attorney having jurisdiction over prosecution of the crime under investigation, or the Attorney General, made before a ju

11
Leftwich v. Stategreen
gactapp · 2009 · cited in 1 Georgia opinions naming this issue, 2013–2013
2 sentences

2013In other words, if the wiretap were not conducted, the police would have had no evidence of his illegal use of the communication device nor any suspicion justifying the stop of his vehicle which led to the drug possession charges.5 The general legal framework governing wiretap authority involves both federal and state law: “Wiretapping and surveillance are the subjects of federal and state law[,] and both must be complied with where applicable.” 6 “When a state or federal agent has improperly procured a wiretap order, or there has been any failure to precisely comply with [applicable] requirem

2013In other words, if the wiretap were not conducted, the police would have had no evidence of his illegal use of the communication device nor any suspicion justifying the stop of his vehicle which led to the drug possession charges.5 The general legal framework governing wiretap authority involves both federal and state law: “Wiretapping and surveillance are the subjects of federal and state law[,] and both must be complied with where applicable.” 6 “When a state or federal agent has improperly procured a wiretap order, or there has been any failure to precisely comply with [applicable] requirem

11
American Plan Corp. v. Beckhamgreen
gactapp · 1972 · cited in 1 Georgia opinions naming this issue, 1990–1990
2 sentences

1990Compare American Plan Corp. v. Beckham, 125 Ga. App. 416 (4) ( 188 SE2d 151 ) (applying the codal principles now found in OCGA §§ 51-7-43 and 51-7-44 in determining the existence of malice in an action for malicious use of civil process).

1990Compare American Plan Corp. v. Beckham, 125 Ga. App. 416 (4) ( 188 SE2d 151 ) (applying the codal principles now found in OCGA §§ 51-7-43 and 51-7-44 in determining the existence of malice in an action for malicious use of civil process).

11
Smith v. Harrisongreen
gactapp · 1955 · cited in 1 Georgia opinions naming this issue, 1987–1987
2 sentences

1987Smith v. Harrison, 92 Ga. App. 576, 582 (5) ( 89 SE2d 273 ) (1955).

1987Smith v. Harrison, 92 Ga. App. 576, 582 (5) ( 89 SE2d 273 ) (1955).

11
Carroll v. Ragsdalegreen
ga · 1941 · cited in 1 Georgia opinions naming this issue, 1960–1960
2 sentences

1960See also the following decisions of this court dealing with the same general legal principle in cases involving the construction of statutes, restrictive covenants in contracts, and other invalid covenants in contracts: Chandler v. Johnson, 39 Ga. 85 ; Carroll v. Ragsdale, 192 Ga. 118, 120 ( 15 S. E. 2d 210 ), and citations contained therein; Love v. Fulton National Bank, 213 Ga. 887, 893 ( 102 S. E. 2d 488 ); Aladdin v. Krasnoff, 214 Ga. 519, 520 ( 105 S. E. 2d 730 ).

1960See also the following decisions of this court dealing with the same general legal principle in cases involving the construction of statutes, restrictive covenants in contracts, and other invalid covenants in contracts: Chandler v. Johnson, 39 Ga. 85 ; Carroll v. Ragsdale, 192 Ga. 118, 120 ( 15 S. E. 2d 210 ), and citations contained therein; Love v. Fulton National Bank, 213 Ga. 887, 893 ( 102 S. E. 2d 488 ); Aladdin v. Krasnoff, 214 Ga. 519, 520 ( 105 S. E. 2d 730 ).

11
Love v. Fulton National Bankgreen
ga · 1958 · cited in 1 Georgia opinions naming this issue, 1960–1960
2 sentences

1960See also the following decisions of this court dealing with the same general legal principle in cases involving the construction of statutes, restrictive covenants in contracts, and other invalid covenants in contracts: Chandler v. Johnson, 39 Ga. 85 ; Carroll v. Ragsdale, 192 Ga. 118, 120 ( 15 S. E. 2d 210 ), and citations contained therein; Love v. Fulton National Bank, 213 Ga. 887, 893 ( 102 S. E. 2d 488 ); Aladdin v. Krasnoff, 214 Ga. 519, 520 ( 105 S. E. 2d 730 ).

1960See also the following decisions of this court dealing with the same general legal principle in cases involving the construction of statutes, restrictive covenants in contracts, and other invalid covenants in contracts: Chandler v. Johnson, 39 Ga. 85 ; Carroll v. Ragsdale, 192 Ga. 118, 120 ( 15 S. E. 2d 210 ), and citations contained therein; Love v. Fulton National Bank, 213 Ga. 887, 893 ( 102 S. E. 2d 488 ); Aladdin v. Krasnoff, 214 Ga. 519, 520 ( 105 S. E. 2d 730 ).

11
Aladdin, Inc. v. Krasnoffgreen
ga · 1958 · cited in 1 Georgia opinions naming this issue, 1960–1960
2 sentences

1960See also the following decisions of this court dealing with the same general legal principle in cases involving the construction of statutes, restrictive covenants in contracts, and other invalid covenants in contracts: Chandler v. Johnson, 39 Ga. 85 ; Carroll v. Ragsdale, 192 Ga. 118, 120 ( 15 S. E. 2d 210 ), and citations contained therein; Love v. Fulton National Bank, 213 Ga. 887, 893 ( 102 S. E. 2d 488 ); Aladdin v. Krasnoff, 214 Ga. 519, 520 ( 105 S. E. 2d 730 ).

1960See also the following decisions of this court dealing with the same general legal principle in cases involving the construction of statutes, restrictive covenants in contracts, and other invalid covenants in contracts: Chandler v. Johnson, 39 Ga. 85 ; Carroll v. Ragsdale, 192 Ga. 118, 120 ( 15 S. E. 2d 210 ), and citations contained therein; Love v. Fulton National Bank, 213 Ga. 887, 893 ( 102 S. E. 2d 488 ); Aladdin v. Krasnoff, 214 Ga. 519, 520 ( 105 S. E. 2d 730 ).

11
Walker v. City of Romegreen
gactapp · 1909 · cited in 1 Georgia opinions naming this issue, 1922–1922
2 sentences

1922Walker v. City of Rome, 6 Ga. App. 59, 61 ( 64 S. E. 310 ); Elliott v. Bell, 37 W.

1922Walker v. City of Rome, 6 Ga. App. 59, 61 ( 64 S. E. 310 ); Elliott v. Bell, 37 W.

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 (6)

CaseCitedYears
Henson v. Georgia Industrial Realty Co. green
ga · 1965
2 sentences

2013As we explained in Henson v. Georgia Industrial Realty Co., 220 Ga. 857 ( 142 SE2d 219 ) (1965), none of those cases “deal[t] with an Act which an amendment to our Constitution specifically authorized and validated.” Id. at 862 .

2013As we explained in Henson v. Georgia Industrial Realty Co., 220 Ga. 857 ( 142 SE2d 219 ) (1965), none of those cases “deal[t] with an Act which an amendment to our Constitution specifically authorized and validated.” Id. at 862 .

12013–2013
Chandler v. Johnson green
ga · 1869
2 sentences

1960See also the following decisions of this court dealing with the same general legal principle in cases involving the construction of statutes, ■ restrictive covenants in contracts, and other invalid covenants in contracts: Chandler v. Johnson, 39 Ga. 85 ; Carroll v. Ragsdale, 192 Ga. 118, 120 ( 15 S. E. 2d 210 ), and citations contained therein; Love v. Fulton National Bank, 213 Ga. 887, 893 ( 102 S. E. 2d 488 ); Aladdin v. Krasnoff, 214 Ga. 519, 520 ( 105 S. E. 2d 730 ).

1960See also the following decisions of this court dealing with the same general legal principle in cases involving the construction of statutes, restrictive covenants in contracts, and other invalid covenants in contracts: Chandler v. Johnson, 39 Ga. 85 ; Carroll v. Ragsdale, 192 Ga. 118, 120 ( 15 S. E. 2d 210 ), and citations contained therein; Love v. Fulton National Bank, 213 Ga. 887, 893 ( 102 S. E. 2d 488 ); Aladdin v. Krasnoff, 214 Ga. 519, 520 ( 105 S. E. 2d 730 ).

11960–1960
Smith v. Brinson green
ga · 1916
2 sentences

1936An instruction giving this general legal rule will not be accounted erroneous merely'on the ground that the jury is not also informed as to "what facts and circumstances would constitute this relation.” Smith v. Brinson, 145 Ga. 406 (4) ( 89 S. E. 363 ); Byrd v. Grace, 43 Ga. App. 255 (4), 256 ( 158 S. E. 467 ).

1936An instruction giving this general legal rule will not be accounted erroneous merely'on the ground that the jury is not also informed as to "what facts and circumstances would constitute this relation.” Smith v. Brinson, 145 Ga. 406 (4) ( 89 S. E. 363 ); Byrd v. Grace, 43 Ga. App. 255 (4), 256 ( 158 S. E. 467 ).

11936–1936
Sherrer v. Holliday neutral
ga · 1927
2 sentences

1936It is also the general rule that "a correct instruction to the jury is not subject to exception for failure, in absence of appropriate request, to embody an additional definitive or explanatory charge.” Sherrer v. Holliday, 165 Ga. 413 (2) ( 141 S. E. 67 ).

1936It is also the general rule that "a correct instruction to the jury is not subject to exception for failure, in absence of appropriate request, to embody an additional definitive or explanatory charge.” Sherrer v. Holliday, 165 Ga. 413 (2) ( 141 S. E. 67 ).

11936–1936
Byrd v. Grace green
gactapp · 1931
2 sentences

1936An instruction giving this general legal rule will not be accounted erroneous merely'on the ground that the jury is not also informed as to "what facts and circumstances would constitute this relation.” Smith v. Brinson, 145 Ga. 406 (4) ( 89 S. E. 363 ); Byrd v. Grace, 43 Ga. App. 255 (4), 256 ( 158 S. E. 467 ).

1936An instruction giving this general legal rule will not be accounted erroneous merely'on the ground that the jury is not also informed as to "what facts and circumstances would constitute this relation.” Smith v. Brinson, 145 Ga. 406 (4) ( 89 S. E. 363 ); Byrd v. Grace, 43 Ga. App. 255 (4), 256 ( 158 S. E. 467 ).

11936–1936
Elliott v. Bell neutral
wva · 1893
1 sentence

1922Walker v. City of Rome, 6 Ga. App. 59, 61 ( 64 S. E. 310 ); Elliott v. Bell, 37 W.

11922–1922

Statutes the citing opinions construe

GA § 24-7-701 (3)

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.

Where else courts name it

CA 27 (1900–2024) TX 20 (1980–2024) GA 12 (1922–2024) PA 12 (1919–2026) NY 11 (1853–2018) IL 8 (1968–2012) AL 7 (1916–2013) FL 6 (1967–1997) NC 6 (1972–2018) LA 5 (1982–2015) MI 5 (1955–2022) OH 4 (1951–2023) SC 4 (1989–2011) WA 4 (1998–2025) IA 4 (2013–2023) DC 3 (2001–2008) NJ 3 (1955–2024) AZ 3 (1963–2015) NE 3 (1932–2023) MS 3 (2001–2016) MD 3 (1949–2007) MT 2 (1898–2008) OK 2 (2006–2024) SD 2 (2005–2005) WV 2 (1965–1968) KY 2 (1970–1970) CO 2 (1992–2021) IN 2 (1932–1976) ME 2 (1976–1987) CT 2 (1998–2001) OR 2 (1917–1939) MO 2 (2018–2025) WY 2 (1959–2020) KS 2 (1980–2019)

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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