12 Georgia opinions name it 2 courts 1988–2025 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.
| Case | Followed | Cited |
|---|---|---|
Neal v. Stategreen2 sentences2014See Elliott v. State, 253 Ga. 417, 421-422 (5) ( 320 SE2d 361 ) (1984) (where each of the four jurors who inadvertently saw the defendant in handcuffs stated that they neither discussed the incident with any other juror nor allowed it to affect their decision, trial court did not abuse its discretion in denying mistrial); Neal v. State, 264 Ga. App. 311, 314 (3) ( 590 SE2d 168 ) (2003) (viewing of a defendant in shackles by a juror does not, in and of itself, require the trial court to declare a mistrial); Sweeder v. State, 246 Ga. App. 557, 561 (3) ( 541 SE2d 414 ) (2000) (juror’s observation 2014See Elliott v. State, 253 Ga. 417, 421-422 (5) ( 320 SE2d 361 ) (1984) (where each of the four jurors who inadvertently saw the defendant in handcuffs stated that they neither discussed the incident with any other juror nor allowed it to affect their decision, trial court did not abuse its discretion in denying mistrial); Neal v. State, 264 Ga. App. 311, 314 (3) ( 590 SE2d 168 ) (2003) (viewing of a defendant in shackles by a juror does not, in and of itself, require the trial court to declare a mistrial); Sweeder v. State, 246 Ga. App. 557, 561 (3) ( 541 SE2d 414 ) (2000) (juror’s observation | 2 | 2 |
Sweeder v. Stategreen2 sentences2014See Elliott v. State, 253 Ga. 417, 421-422 (5) ( 320 SE2d 361 ) (1984) (where each of the four jurors who inadvertently saw the defendant in handcuffs stated that they neither discussed the incident with any other juror nor allowed it to affect their decision, trial court did not abuse its discretion in denying mistrial); Neal v. State, 264 Ga. App. 311, 314 (3) ( 590 SE2d 168 ) (2003) (viewing of a defendant in shackles by a juror does not, in and of itself, require the trial court to declare a mistrial); Sweeder v. State, 246 Ga. App. 557, 561 (3) ( 541 SE2d 414 ) (2000) (juror’s observation 2014See Elliott v. State, 253 Ga. 417, 421-422 (5) ( 320 SE2d 361 ) (1984) (where each of the four jurors who inadvertently saw the defendant in handcuffs stated that they neither discussed the incident with any other juror nor allowed it to affect their decision, trial court did not abuse its discretion in denying mistrial); Neal v. State, 264 Ga. App. 311, 314 (3) ( 590 SE2d 168 ) (2003) (viewing of a defendant in shackles by a juror does not, in and of itself, require the trial court to declare a mistrial); Sweeder v. State, 246 Ga. App. 557, 561 (3) ( 541 SE2d 414 ) (2000) (juror’s observation | 2 | 2 |
Gann v. Stategreen2 sentences2014See Elliott v. State, 253 Ga. 417, 421-422 (5) ( 320 SE2d 361 ) (1984) (where each of the four jurors who inadvertently saw the defendant in handcuffs stated that they neither discussed the incident with any other juror nor allowed it to affect their decision, trial court did not abuse its discretion in denying mistrial); Neal v. State, 264 Ga. App. 311, 314 (3) ( 590 SE2d 168 ) (2003) (viewing of a defendant in shackles by a juror does not, in and of itself, require the trial court to declare a mistrial); Sweeder v. State, 246 Ga. App. 557, 561 (3) ( 541 SE2d 414 ) (2000) (juror’s observation 2014See Elliott v. State, 253 Ga. 417, 421-422 (5) ( 320 SE2d 361 ) (1984) (where each of the four jurors who inadvertently saw the defendant in handcuffs stated that they neither discussed the incident with any other juror nor allowed it to affect their decision, trial court did not abuse its discretion in denying mistrial); Neal v. State, 264 Ga. App. 311, 314 (3) ( 590 SE2d 168 ) (2003) (viewing of a defendant in shackles by a juror does not, in and of itself, require the trial court to declare a mistrial); Sweeder v. State, 246 Ga. App. 557, 561 (3) ( 541 SE2d 414 ) (2000) (juror’s observation | 2 | 2 |
Elliott v. Stategreen2 sentences2014See Elliott v. State, 253 Ga. 417, 421-422 (5) ( 320 SE2d 361 ) (1984) (where each of the four jurors who inadvertently saw the defendant in handcuffs stated that they neither discussed the incident with any other juror nor allowed it to affect their decision, trial court did not abuse its discretion in denying mistrial); Neal v. State, 264 Ga. App. 311, 314 (3) ( 590 SE2d 168 ) (2003) (viewing of a defendant in shackles by a juror does not, in and of itself, require the trial court to declare a mistrial); Sweeder v. State, 246 Ga. App. 557, 561 (3) ( 541 SE2d 414 ) (2000) (juror’s observation 2014See Elliott v. State, 253 Ga. 417, 421-422 (5) ( 320 SE2d 361 ) (1984) (where each of the four jurors who inadvertently saw the defendant in handcuffs stated that they neither discussed the incident with any other juror nor allowed it to affect their decision, trial court did not abuse its discretion in denying mistrial); Neal v. State, 264 Ga. App. 311, 314 (3) ( 590 SE2d 168 ) (2003) (viewing of a defendant in shackles by a juror does not, in and of itself, require the trial court to declare a mistrial); Sweeder v. State, 246 Ga. App. 557, 561 (3) ( 541 SE2d 414 ) (2000) (juror’s observation | 2 | 2 |
Tolbert v. Toolegreen2 sentences2025Tolbert involved a pro se notice of appeal when the defendant was represented by counsel, and under authority then in effect, the pro se notice of appeal “had no legal effect and thus did not divest the trial court of jurisdiction to try him.” 296 Ga. at 363 (3). 2025Tolbert involved a pro se notice of appeal when the defendant was represented by counsel, and under authority then in effect, the pro se notice of appeal “had no legal effect and thus did not divest the trial court of jurisdiction to try him.” 296 Ga. at 363 (3). | 1 | 1 |
Davis v. Stategreen1 sentence2015We agree with the trial court’s conclusion in its order denying Patterson’s motion for new trial that “there was no evidence on the record, however slight, to suggest that the van was not intentionally used as an object, which when used offensively against a person, is likely to or actually does result in serious bodily injury.” (Punctuation omitted.) See Davis, 308 Ga. App. at 17 (5) (b) (counsel not deficient in failing to request a charge on simple assault where there was no evidence that defendant did not use screwdriver in an offensive manner, which was likely to result in serious bodily | 1 | 1 |
Romer v. Stategreen2 sentences2014And because we have found that the issue of intimidation is not directly before us, we consider the events at Goode’s plea hearing only in the context of Patterson’s claim of ineffectiveness of counsel. 9 “To prove deficient performance, [an appellant] must show that his lawyer performed at trial in an objectively unreasonable way considering all the circumstances and in the light of prevailing professional norms.” Romer v. State, 293 Ga. 339, 344 (3) ( 745 SE2d 637 ) (2013). 2014And because we have found that the issue of intimidation is not directly before us, we consider the events at Goode’s plea hearing only in the context of Patterson’s claim of ineffectiveness of counsel. 9 “To prove deficient performance, [an appellant] must show that his lawyer performed at trial in an objectively unreasonable way considering all the circumstances and in the light of prevailing professional norms.” Romer v. State, 293 Ga. 339, 344 (3) ( 745 SE2d 637 ) (2013). | 1 | 1 |
Gill v. B & R International, Inc.green1 sentence2008Id. at 532 (1) (c) (grant of summary judgment “must be sustained” in absence of transcript of hearing at which evidence might have been submitted); St. | 1 | 1 |
Parks v. Hyundai Motor America, Inc.green2 sentences2008We review a trial court’s decision to permit the addition of a party defendant for an abuse of discretion, Parks v. Hyundai Motor America, 258 Ga. App. 876, 880 (3) ( 575 SE2d 673 ) (2002), and will not find such abuse where there is any evidence to support the trial court’s decision. 2008We review a trial court’s decision to permit the addition of a party defendant for an abuse of discretion, Parks v. Hyundai Motor America, 258 Ga. App. 876, 880 (3) ( 575 SE2d 673 ) (2002), and will not find such abuse where there is any evidence to support the trial court’s decision. | 1 | 1 |
Jackson v. Virginiared1 sentence2005Smith, P. J., and Adams, J., concur. 1 Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) (99 SC 2781, 61 LE2d 560) (1979). 2 Although the court sustained Patterson’s objection to any testimony the investigator might give concerning the value of the shirts, there was no objection posed to nor any instruction given by the court to disregard the officer’s testimony concerning the number of shirts stolen. | 1 | 1 |
Miller v. Stategreen2 sentences2004Voluntary manslaughter requires proof that the defendant caused the death of another under circumstances that would otherwise be murder but for the fact that the defendant acted “solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person.” (Citations and punctuation omitted.) Miller v. State, 223 Ga. App. 311, 312 ( 477 SE2d 430 ) (1996). 2004Voluntary manslaughter requires proof that the defendant caused the death of another under circumstances that would otherwise be murder but for the fact that the defendant acted “solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person.” (Citations and punctuation omitted.) Miller v. State, 223 Ga. App. 311, 312 ( 477 SE2d 430 ) (1996). | 1 | 1 |
Eaton v. Stategreen2 sentences1988Eaton v. State, 184 Ga. App. 645, 647 (3) ( 362 SE2d 375 ) (1987). b. 1988Eaton v. State, 184 Ga. App. 645, 647 (3) ( 362 SE2d 375 ) (1987). b. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Strickland v. Washington
green
2 sentences2014Moreover, we “indulge a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance.” Strickland, 466 U.S. at 689 . 2014Patterson asserts that his trial counsel was deficient in failing to raise the issues regarding this alleged intimidation and the resulting benefit to Goode of having his plea accepted. 7 The two-prong test for determining the validity of a claim of ineffective assistance of counsel provided in Strick land v. Washington, 466 U.S. 668 (104 [SCt] 2052, 80 LE2d 674) (1984), asks whether counsel’s performance was deficient and, if so, whether this deficiency prejudiced the defense; that is, whether there is a reasonable probability that the outcome of the proceedings would have been different but | 2 | 2014–2014 |
Haynes v. State
green
2 sentences2019Although trial counsel appeared to fall on her sword regarding her non-strategic decision not to hire an forensic computer expert, "[i]t is well established that the decision as to which defense witnesses to call is a matter of trial strategy and tactics; tactical errors in that regard will not constitute ineffective assistance of counsel unless those errors are unreasonable ones no competent attorney would have made under similar circumstances." Haynes v. State , 326 Ga. App. 336 , 343 (3) (a), 756 S.E.2d 599 (2014) (citation omitted). 2019Although trial counsel appeared to fall on her sword regarding her non-strategic decision not to hire an forensic computer expert, "[i]t is well established that the decision as to which defense witnesses to call is a matter of trial strategy and tactics; tactical errors in that regard will not constitute ineffective assistance of counsel unless those errors are unreasonable ones no competent attorney would have made under similar circumstances." Haynes v. State , 326 Ga. App. 336 , 343 (3) (a), 756 S.E.2d 599 (2014) (citation omitted). | 1 | 2019–2019 |
Smith v. State
green
2 sentences2018(Citations and punctuation omitted.) Smith v. State , 298 Ga. 487 , 487-488, 782 S.E.2d 17 (2016). 7 Consequently, irrespective of how Patterson's Motion to Modify Sentence is construed, he was not entitled to relief based on his merger claim. *561 2. 2018(Citations and punctuation omitted.) Smith v. State , 298 Ga. 487 , 487-488, 782 S.E.2d 17 (2016). 7 Consequently, irrespective of how Patterson's Motion to Modify Sentence is construed, he was not entitled to relief based on his merger claim. *561 2. | 1 | 2018–2018 |
Sta-Power Industries, Inc. v. Avant
green
1 sentence2004Sta-Power Indus. v. Avant, supra, 134 Ga. App. at 954 . | 1 | 2004–2004 |
McCoy v. Sanders
green
2 sentences1991See Bray, supra; McCoy v. Sanders, 113 Ga. App. 565 ( 148 SE2d 902 ) (1966). (c) The trial court properly directed a verdict on Patterson’s claim that the defendants’ actions constituted a malicious interference in the use and enjoyment of his property. 1991See Bray, supra; McCoy v. Sanders, 113 Ga. App. 565 ( 148 SE2d 902 ) (1966). (c) The trial court properly directed a verdict on Patterson’s claim that the defendants’ actions constituted a malicious interference in the use and enjoyment of his property. | 1 | 1991–1991 |
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.