charge only for plain error (Georgia) · Go Syfert
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charge only for plain error in Georgia

11 Georgia opinions name it 2 courts 2012–2021 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 (7)

CaseFollowedCited
Booker v. Stategreen
gactapp · 2013 · cited in 3 Georgia opinions naming this issue, 2014–2021
2 sentences

2021Such plain error may be considered on appeal even if it was not brought to the court’s attention as provided in subsection (a) of this Code section.”); Weyer v. State, 333 Ga. App. 706, 714 (2) ( 776 SE2d 304 ) (2015) (“[B]ecause [the defendant] did not object to the trial court’s supplemental instructions, we review the instructions only for plain error.”); Booker v. State, 322 Ga. App. 257, 260 (2) ( 744 SE2d 429 ) (2013) (“Because [the defendant] did not object to the jury charge regarding malice murder and felony murder, we review the charge only for plain error.”). 14 Booker, 322 Ga. App.

2021Such plain error may be considered on appeal even if it was not brought to the court’s attention as provided in subsection (a) of this Code section.”); Weyer v. State, 333 Ga. App. 706, 714 (2) ( 776 SE2d 304 ) (2015) (“[B]ecause [the defendant] did not object to the trial court’s supplemental instructions, we review the instructions only for plain error.”); Booker v. State, 322 Ga. App. 257, 260 (2) ( 744 SE2d 429 ) (2013) (“Because [the defendant] did not object to the jury charge regarding malice murder and felony murder, we review the charge only for plain error.”). 14 Booker, 322 Ga. App.

33
State v. Kellygreen
ga · 2011 · cited in 3 Georgia opinions naming this issue, 2013–2017
2 sentences

2017See OCGA § 17-8-58 (b); State v. Kelly, 290 Ga. 29, 33 ( 718 SE2d 232 ) (2011).

2017See OCGA § 17-8-58 (b); State v. Kelly, 290 Ga. 29, 33 ( 718 SE2d 232 ) (2011).

33
Kegler v. Stategreen
gactapp · 2012 · cited in 2 Georgia opinions naming this issue, 2013–2013
2 sentences

2013See OCGA § 17-8-58 (b); Kegler v. State, 317 Ga. App. 427, 434 (3) ( 731 SE2d 111 ) (2012).

2013See OCGA § 17-8-58 (b); Kegler v. State, 317 Ga. App. 427, 434 (3) ( 731 SE2d 111 ) (2012).

22
White v. Stategreen
ga · 2012 · cited in 2 Georgia opinions naming this issue, 2012–2012
2 sentences

2012See Alatise v. State, 291 Ga. 428, 429 (2) ( 728 SE2d 592 ) (2012); White v. State, 291 Ga. 7, 8 (2) ( 727 SE2d 109 ) (2012).

2012See Alatise v. State, 291 Ga. 428, 429 (2) ( 728 SE2d 592 ) (2012); White v. State, 291 Ga. 7, 8 (2) ( 727 SE2d 109 ) (2012).

22
Weyer v. Stategreen
gactapp · 2015 · cited in 1 Georgia opinions naming this issue, 2021–2021
2 sentences

2021Such plain error may be considered on appeal even if it was not brought to the court’s attention as provided in subsection (a) of this Code section.”); Weyer v. State, 333 Ga. App. 706, 714 (2) ( 776 SE2d 304 ) (2015) (“[B]ecause [the defendant] did not object to the trial court’s supplemental instructions, we review the instructions only for plain error.”); Booker v. State, 322 Ga. App. 257, 260 (2) ( 744 SE2d 429 ) (2013) (“Because [the defendant] did not object to the jury charge regarding malice murder and felony murder, we review the charge only for plain error.”). 14 Booker, 322 Ga. App.

2021Such plain error may be considered on appeal even if it was not brought to the court’s attention as provided in subsection (a) of this Code section.”); Weyer v. State, 333 Ga. App. 706, 714 (2) ( 776 SE2d 304 ) (2015) (“[B]ecause [the defendant] did not object to the trial court’s supplemental instructions, we review the instructions only for plain error.”); Booker v. State, 322 Ga. App. 257, 260 (2) ( 744 SE2d 429 ) (2013) (“Because [the defendant] did not object to the jury charge regarding malice murder and felony murder, we review the charge only for plain error.”). 14 Booker, 322 Ga. App.

11
Wilkes v. Stategreen
gactapp · 2002 · cited in 1 Georgia opinions naming this issue, 2013–2013
2 sentences

2013To prove that the failure to give the charge was plain error, [Fouts] must show that a four-pronged test has 2 “Criminal negligence as used in the statutes of this State means . . . reckless and wanton negligence and of such a character as to show an utter disregard for the safety of others who might reasonably be expected to be injured thereby.” (Footnote omitted.) Wilkes v. State, 254 Ga. App. 447, 449-450 ( 562 SE2d 519 ) (2002). 6 been met: the omission of the charge was erroneous[;] the error was obvious[;] the omission of the charge likely affected the outcome of the proceedings[;] and t

2013To prove that the failure to give the charge was plain error, [Fouts] must show that a four-pronged test has 2 “Criminal negligence as used in the statutes of this State means . . . reckless and wanton negligence and of such a character as to show an utter disregard for the safety of others who might reasonably be expected to be injured thereby.” (Footnote omitted.) Wilkes v. State, 254 Ga. App. 447, 449-450 ( 562 SE2d 519 ) (2002). 6 been met: the omission of the charge was erroneous[;] the error was obvious[;] the omission of the charge likely affected the outcome of the proceedings[;] and t

11
Alatise v. Stategreen
ga · 2012 · cited in 1 Georgia opinions naming this issue, 2012–2012
2 sentences

2012See Alatise v. State, 291 Ga. 428, 429 (2) ( 728 SE2d 592 ) (2012); White v. State, 291 Ga. 7, 8 (2) ( 727 SE2d 109 ) (2012).

2012See Alatise v. State, 291 Ga. 428, 429 (2) ( 728 SE2d 592 ) (2012); White v. State, 291 Ga. 7, 8 (2) ( 727 SE2d 109 ) (2012).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Statutes the citing opinions construe

GA § 17-8-58 (8) GA § 16-5-21 (4) GA § 16-1-6 (3) GA § 24-1-103 (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.

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