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

12 Georgia opinions name it 2 courts 1995–2026 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.

Followed or applied (6)

CaseFollowedCited
Howard v. McFarlandgreen
gactapp · 1998 · cited in 2 Georgia opinions naming this issue, 2014–2014
2 sentences

2014Howard v. McFarland, 233 Ga. App. 286, 287 ( 503 SE2d 900 ) (1998).

2014Howard v. McFarland, 233 Ga. App. 286, 287 ( 503 SE2d 900 ) (1998).

22
Sharfuddin v. Drug Emporium, Inc.green
gactapp · 1998 · cited in 2 Georgia opinions naming this issue, 1999–1999
2 sentences

1999Sharfuddin v. Drug Emporium, 230 Ga.App. 679, 685 , 498 S.E.2d 748 (1998); Robinson, 268 Ga. at 748-749 , 493 S.E.2d 403 .

1999Sharfuddin v. Drug Emporium, 230 Ga.App. 679, 685 , 498 S.E.2d 748 (1998); Robinson, 268 Ga. at 748-749 , 493 S.E.2d 403 .

12
Jim Ellis Atlanta, Inc. v. Adamsongreen
gactapp · 2006 · cited in 1 Georgia opinions naming this issue, 2026–2026
2 sentences

2026See OCGA § 5-6-35(a)(8), (b); Jim Ellis Atlanta v. Adamson, 283 Ga. App. 116, 116-17 ( 640 SE2d 688 ) (2006).

2026See OCGA § 5-6-35(a)(8), (b); Jim Ellis Atlanta v. Adamson, 283 Ga. App. 116, 116-17 ( 640 SE2d 688 ) (2006).

11
Cooper v. Stategreen
ga · 2019 · cited in 1 Georgia opinions naming this issue, 2022–2022
2 sentences

2022“Res judicata precludes re-litigation of claims where the cause of action and the parties or their privies are identical and the claim was previously adjudicated on the merits by a court of competent jurisdiction.” (Citation and punctuation omitted.) Cooper v. State, 306 Ga. 164, 165 ( 829 SE2d 365 ) (2019).

2022“Res judicata precludes re-litigation of claims where the cause of action and the parties or their privies are identical and the claim was previously adjudicated on the merits by a court of competent jurisdiction.” (Citation omitted.) Cooper v. State, 306 Ga. 164, 165 (829 SE2d 365) (2019).

11
Walker v. Stategreen
gactapp · 2013 · cited in 1 Georgia opinions naming this issue, 2014–2014
2 sentences

2014“Our Fourth Amendment jurisprudence recognizes three tiers of police-citizen encounters: (1) communication between police and citizens involving no coercion or detention and therefore without the compass of the Fourth Amendment, (2) brief seizures that must be supported by reasonable suspicion, and (3) full-scale arrests that must be supported by probable cause.” Walker v. State, 323 Ga. App. 558, 558-559 (1) (a) ( 747 SE2d 51 ) (2013) (citation omitted).

2014“Our Fourth Amendment jurisprudence recognizes three tiers of police-citizen encounters: (1) communication between police and citizens involving no coercion or detention and therefore without the compass of the Fourth Amendment, (2) brief seizures that must be supported by reasonable suspicion, and (3) full-scale arrests that must be supported by probable cause.” Walker v. State, 323 Ga. App. 558, 558-559 (1) (a) ( 747 SE2d 51 ) (2013) (citation omitted).

11
Vojnovic v. Brantsgreen
gactapp · 2005 · cited in 1 Georgia opinions naming this issue, 2005–2005
1 sentence

2005“Malice” in this context refers to personal spite or “a general disregard of the right consideration of mankind, directed by chance against the individual injured.” (Punctuation and footnote omitted.) Vojnovic v. Brants, 272 Ga. App. at 478 (2) (a).

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
Robinson v. Kroger Co. green
ga · 1997
2 sentences

1999Sharfuddin v. Drug Emporium, 230 Ga.App. 679, 685 , 498 S.E.2d 748 (1998); Robinson, 268 Ga. at 748-749 , 493 S.E.2d 403 .

1999Sharfuddin v. Drug Emporium, 230 Ga.App. 679, 685 , 498 S.E.2d 748 (1998); Robinson, 268 Ga. at 748-749 , 493 S.E.2d 403 .

21999–1999
Cooper v. State green
ga · 2019
2 sentences

2022“Res judicata precludes re-litigation of claims where the cause of action and the parties or their privies are identical and the claim was previously adjudicated on the merits by a court of competent jurisdiction.” (Citation and punctuation omitted.) Cooper v. State, 306 Ga. 164, 165 ( 829 SE2d 365 ) (2019).

2022“Res judicata precludes re-litigation of claims where the cause of action and the parties or their privies are identical and the claim was previously adjudicated on the merits by a court of competent jurisdiction.” (Citation omitted.) Cooper v. State, 306 Ga. 164, 165 (829 SE2d 365) (2019).

12022–2022
Harvey v. State green
ga · 1996
1 sentence

2015The Harvey court reasoned that because, at the moment the arrest was made, the officer “knew” there was a valid warrant, probable cause *143 existed to support the arrest because “probable cause must be measured by current knowledge, i.e., at the moment the arrest was made and not hindsight.” (Citations and punctuation omitted.) Id. at 672-673 . 2 Having found that the arrest was supported by probable cause, the Harvey court determined that Harvey’s motion to suppress had been correctly denied.

12015–2015
Lowry v. Hamilton green
ga · 1997
2 sentences

2000Lowry v. Hamilton, 268 Ga. 373 (2) ( 489 SE2d 827 ) (1997).

2000Lowry v. Hamilton, 268 Ga. 373 (2) ( 489 SE2d 827 ) (1997).

12000–2000
Harvey v. State green
gactapp · 1995
2 sentences

1996Harvey v. State, 217 Ga.App. 776 , 459 S.E.2d 433 (1995).

1996Harvey v. State, 217 Ga.App. 776 , 459 S.E.2d 433 (1995).

11996–1996
Gary v. State green
ga · 1992
2 sentences

1995In denying Harvey’s motion to suppress, the trial court correctly ruled that Gary v. State, 262 Ga. 573 ( 422 SE2d 426 ) (1992), holding that there is no “good faith” exception to the Georgia exclusionary rule, is limited to those cases arising pursuant to OCGA § 17-5-30.

1995In denying Harvey’s motion to suppress, the trial court correctly ruled that Gary v. State, 262 Ga. 573 ( 422 SE2d 426 ) (1992), holding that there is no “good faith” exception to the Georgia exclusionary rule, is limited to those cases arising pursuant to OCGA § 17-5-30.

11995–1995

Statutes the citing opinions construe

GA § 17-5-30 (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 257 (1962–2026) GA 12 (1995–2026) TX 7 (2003–2026) FL 6 (2003–2026) DC 5 (1981–2025) LA 4 (1974–1993) IN 3 (1999–2015) NJ 3 (1998–2010) WA 3 (2009–2012) WI 3 (2003–2008) UT 2 (2015–2017) VA 2 (2005–2023) MS 2 (2006–2008) IL 2 (2012–2024) OH 2 (2013–2022) NY 2 (1949–1953)

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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