impossible standard (Georgia) · Go Syfert
← Georgia issues

impossible standard in Georgia

12 Georgia opinions name it 2 courts 1979–1991 0 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
Irvin v. Dowdgreen
scotus · 1961 · cited in 10 Georgia opinions naming this issue, 1979–1991
2 sentences

1991To say otherwise “would be to establish an impossible standard.” Irvin v. Dowd, 366 U. S. 717, 723 (81 SC 1639, 6 LE2d 751).

1983But he concedes as to one of these that "she agreed that she could base her decision on the evidence and instructions by the Court." Thus she falls within the rule stated in Brooks v. State, 244 Ga. 574, 577 ( 261 SE2d 379 ) (1979) (death penalty vacated and case remanded for further consideration of sentence on other grounds, 446 U. S. 961 (1980)), quoting Irvin v. Dowd, 366 U. S. 717, 723 (81 SC 1639, 6 LE2d 751) (1961): "To hold that the mere existence of any preconceived notion as to the guilt or innocence of an accused, without more, is sufficient to rebut the presumption of a prospective

1010
Murphy v. Floridagreen
scotus · 1975 · cited in 2 Georgia opinions naming this issue, 1979–1986
2 sentences

1986It is sufficient if the juror can lay aside his impression or opinion and render a verdict based on the evidence presented in court.’ Irvin v. Dowd, 366 U. S. 717, 723 (81 SC 1639, 6 LE2d 751) (1961). ‘Qualified jurors need not ... be totally ignorant of the facts and issues involved.’ Murphy v. Florida, 421 U. S. 794, 799 (95 SC 2031, 44 LE2d 589) (1975).” Baker v. State, 245 Ga. 657, 660 ( 266 SE2d 477 ) (1980).

1979It is sufficient if the juror can lay aside his impression or opinion and render a verdict based on the evidence presented in court.’ Id,., at 723 [81 SC at 1642] At the same time, the juror’s assurance that he is equal to this task cannot be dispositive of the accused’s rights, and it remains open to the defendant to demonstrate 'the actual existence of such an opinion in the mind of the juror as will raise the presumption of partiality.’ Ibid.” Murphy v. Florida, 421 U. S. 794, 799-800 (1975).

22
Harper v. Stategreen
ga · 1982 · cited in 1 Georgia opinions naming this issue, 1989–1989
2 sentences

1989It is sufficient if the juror can 'lay aside his impression or opinion and render a verdict based on the evidence presented in court.” (Citations and punctuation omitted.) Harper v. State, 249 Ga. 519, 529-530 ( 292 SE2d 389 ) (1982).

1989It is sufficient if the juror can 'lay aside his impression or opinion and render a verdict based on the evidence presented in court.” (Citations and punctuation omitted.) Harper v. State, 249 Ga. 519, 529-530 ( 292 SE2d 389 ) (1982).

11
Baker v. Stategreen
ga · 1980 · cited in 1 Georgia opinions naming this issue, 1986–1986
2 sentences

1986It is sufficient if the juror can lay aside his impression or opinion and render a verdict based on the evidence presented in court.’ Irvin v. Dowd, 366 U. S. 717, 723 (81 SC 1639, 6 LE2d 751) (1961). ‘Qualified jurors need not ... be totally ignorant of the facts and issues involved.’ Murphy v. Florida, 421 U. S. 794, 799 (95 SC 2031, 44 LE2d 589) (1975).” Baker v. State, 245 Ga. 657, 660 ( 266 SE2d 477 ) (1980).

1986It is sufficient if the juror can lay aside his impression or opinion and render a verdict based on the evidence presented in court.’ Irvin v. Dowd, 366 U. S. 717, 723 (81 SC 1639, 6 LE2d 751) (1961). ‘Qualified jurors need not ... be totally ignorant of the facts and issues involved.’ Murphy v. Florida, 421 U. S. 794, 799 (95 SC 2031, 44 LE2d 589) (1975).” Baker v. State, 245 Ga. 657, 660 ( 266 SE2d 477 ) (1980).

11
Brooks v. Stategreen
ga · 1979 · cited in 1 Georgia opinions naming this issue, 1983–1983
2 sentences

1983But he concedes as to one of these that "she agreed that she could base her decision on the evidence and instructions by the Court." Thus she falls within the rule stated in Brooks v. State, 244 Ga. 574, 577 ( 261 SE2d 379 ) (1979) (death penalty vacated and case remanded for further consideration of sentence on other grounds, 446 U. S. 961 (1980)), quoting Irvin v. Dowd, 366 U. S. 717, 723 (81 SC 1639, 6 LE2d 751) (1961): "To hold that the mere existence of any preconceived notion as to the guilt or innocence of an accused, without more, is sufficient to rebut the presumption of a prospective

1983But he concedes as to one of these that "she agreed that she could base her decision on the evidence and instructions by the Court." Thus she falls within the rule stated in Brooks v. State, 244 Ga. 574, 577 ( 261 SE2d 379 ) (1979) (death penalty vacated and case remanded for further consideration of sentence on other grounds, 446 U. S. 961 (1980)), quoting Irvin v. Dowd, 366 U. S. 717, 723 (81 SC 1639, 6 LE2d 751) (1961): "To hold that the mere existence of any preconceived notion as to the guilt or innocence of an accused, without more, is sufficient to rebut the presumption of a prospective

11
Dampier v. Stategreen
ga · 1980 · cited in 1 Georgia opinions naming this issue, 1982–1982
2 sentences

1982The defendant argues that by reason of extensive publicity from all the news media, a fair trial was impossible. “ ‘The test as to whether pretrial publicity has so prejudiced a case that an accused can not receive a fair trial is whether the jurors summoned to try the case have formed fixed opinions as to guilt or innocence of the accused from reading such publicity.’ Dampier v. State, supra [ 245 Ga. 427, 431 ( 265 SE2d 565 ) (1980)]. ‘To hold that the mere existence of any preconceived notion as to the guilt or innocence of an accused, without more, is sufficient to rebut the presumption of

1982The defendant argues that by reason of extensive publicity from all the news media, a fair trial was impossible. “ ‘The test as to whether pretrial publicity has so prejudiced a case that an accused can not receive a fair trial is whether the jurors summoned to try the case have formed fixed opinions as to guilt or innocence of the accused from reading such publicity.’ Dampier v. State, supra [ 245 Ga. 427, 431 ( 265 SE2d 565 ) (1980)]. ‘To hold that the mere existence of any preconceived notion as to the guilt or innocence of an accused, without more, is sufficient to rebut the presumption of

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 (2)

CaseCitedYears
Phillips v. Texas green
scotus · 1980
2 sentences

1983But he concedes as to one of these that "she agreed that she could base her decision on the evidence and instructions by the Court." Thus she falls within the rule stated in Brooks v. State, 244 Ga. 574, 577 ( 261 SE2d 379 ) (1979) (death penalty vacated and case remanded for further consideration of sentence on other grounds, 446 U. S. 961 (1980)), quoting Irvin v. Dowd, 366 U. S. 717, 723 (81 SC 1639, 6 LE2d 751) (1961): "To hold that the mere existence of any preconceived notion as to the guilt or innocence of an accused, without more, is sufficient to rebut the presumption of a prospective

1983But he concedes as to one of these that “she agreed that she could base her decision on the evidence and instructions by the Court.” Thus she falls within the rule stated in Brooks v. State, 244 Ga. 574, 577 ( 261 SE2d 379 ) (1979) (death penalty vacated and case remanded for further consideration of sentence on other grounds, 446 U. S. 961 (1980)), quoting Irvin v. Dowd, 366 U. S. 717, 723 (81 SC 1639, 6 LE2d 751) (1961): “To hold that the mere existence of any preconceived notion as to the guilt or innocence of an accused, without more, is sufficient to rebut the presumption of a prospective

11983–1983
Messer v. State green
ga · 1981
2 sentences

1982It is sufficient if the juror can lay aside his impression or opinion and render a verdict based on the evidence presented in court.’ Irvin v. Dowd, 366 U. S. 717, 723 (81 SC 1639, 6 LE2d 751) (1960).” Messer v. State, 247 Ga. 316 (4) ( 276 SE2d 15 ) (1981).

1982It is sufficient if the juror can lay aside his impression or opinion and render a verdict based on the evidence presented in court.’ Irvin v. Dowd, 366 U. S. 717, 723 (81 SC 1639, 6 LE2d 751) (1960).” Messer v. State, 247 Ga. 316 (4) ( 276 SE2d 15 ) (1981).

11982–1982

Where else courts name it

AL 74 (1914–2014) CA 61 (1981–2026) IL 24 (1903–2025) PA 23 (1971–2025) TN 20 (1875–2021) IN 16 (1969–2020) GA 12 (1979–1991) TX 10 (1984–2019) LA 8 (1982–2022) OK 7 (1969–2023) MO 7 (1987–2024) AZ 7 (1968–2021) NY 6 (1960–2022) FL 6 (1977–2008) WI 5 (1964–2005) IA 5 (1978–2018) VA 4 (1998–2023) ID 4 (1973–2004) MI 4 (1997–2024) CO 4 (1983–2025) NH 3 (1974–2010) MD 3 (1981–2003) NC 3 (1890–1993) NJ 3 (1980–1988) MN 3 (2024–2024) WV 3 (1980–2000) WY 3 (1979–1989) MT 3 (1999–2013) ND 3 (1980–1989) NV 3 (1967–1994) KY 2 (2021–2022) HI 2 (1989–2020) OH 2 (2017–2020) NE 2 (1979–1981) VT 2 (2010–2013) CT 2 (1987–1989) WA 2 (2002–2002)

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.

← Caselaw search · G Cite Topics · Brief Check