two part test (Georgia) · Go Syfert
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two part test in Georgia

11 Georgia opinions name it 2 courts 1990–2024 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 (10)

CaseFollowedCited
Perkins v. Stategreen
ga · 1990 · cited in 4 Georgia opinions naming this issue, 1991–2005
2 sentences

2005“Georgia has adopted the two part test for effectiveness set forth in Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984).” (Citation omitted.) Perkins v. State, 260 Ga. 292, 293 (2) ( 392 SE2d 872 ) (1990).

2005“Georgia has adopted the two part test for effectiveness set forth in Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984).” (Citation omitted.) Perkins v. State, 260 Ga. 292, 293 (2) ( 392 SE2d 872 ) (1990).

44
Barker v. Wingogreen
scotus · 1972 · cited in 2 Georgia opinions naming this issue, 2020–2024
2 sentences

2024Constitutional speedy trial claims are analyzed under the two- part framework set out in Barker v. Wingo, 407 U.S. 514, 530-533 (IV) (92 SCt 2182, 33 LE2d 101) (1972), and Doggett v. United States, 505 U.S. 647, 651 (II) (112 SCt 2686, 120 LE2d 520) (1992).

2024Constitutional speedy trial claims are analyzed under the two- part framework set out in Barker v. Wingo, 407 U.S. 514, 530-533 (IV) (92 SCt 2182, 33 LE2d 101) (1972), and Doggett v. United States, 505 U.S. 647, 651 (II) (112 SCt 2686, 120 LE2d 520) (1992).

12
Goins v. Stategreen
ga · 2019 · cited in 1 Georgia opinions naming this issue, 2024–2024
2 sentences

2024Courts must first consider whether the length of time between the defend- ant’s arrest and trial is “presumptively prejudicial,” and a delay greater than one year is “typically presumed to be prejudicial.” Go- ins v. State, 306 Ga. 55, 57 (2) (b) (829 SE2d 89) (2019) (citation and punctuation omitted).

2024Courts must first consider whether the length of time between the defend- ant’s arrest and trial is “presumptively prejudicial,” and a delay greater than one year is “typically presumed to be prejudicial.” Go- ins v. State, 306 Ga. 55, 57 (2) (b) (829 SE2d 89) (2019) (citation and punctuation omitted).

11
Redding v. Stategreen
ga · 2020 · cited in 1 Georgia opinions naming this issue, 2022–2022
2 sentences

2022See Redding I, 309 Ga. at 128 (3).

2022See Redding I, 309 Ga. at 128 (2).

11
National Ass'n for the Advancement of Colored People v. City of Kylegreen
ca5 · 2010 · cited in 1 Georgia opinions naming this issue, 2022–2022
2 sentences

2022Making this determination is a two part inquiry – we ask, first, whether the [defendant’s] action or omission to act injured the organization’s interest and, second, whether the organization used its resources to counteract that harm.” (citations and punctuation omitted)); NAACP v. City of Kyle, 626 F3d 233, 238 (5th Cir. 2010) (“[T]he mere fact that an organization redirects some of its resources to litigation and legal counseling in response to actions or inactions of another party is insufficient to impart standing upon the organization.” (citations omitted)); Fair Housing Council of Suburb

2022Making this determination is a two part inquiry — we ask, first, whether the [defendant’s] action or omission to act injured the organization’s interest and, second, whether the organization used its resources to counteract that harm.” (citations and punctuation omitted)); NAACP v. City of Kyle, 626 F3d 233, 238 (5th Cir. 2010) (“[T]he mere fact that an organization redirects some of its resources to litigation and legal counseling in response to actions or inactions of another party is insufficient to impart standing upon the organization.” (citations and punctuation omitted)); Fair Housing C

11
The Fair Housing Council of Suburban Philadelphia v. Montgomery Newspapers Montgomery Publishing Co. Arthur W. Howe, IV Naomi Brownsteingreen
ca3 · 1998 · cited in 1 Georgia opinions naming this issue, 2022–2022
2 sentences

2022Making this determination is a two part inquiry – we ask, first, whether the [defendant’s] action or omission to act injured the organization’s interest and, second, whether the organization used its resources to counteract that harm.” (citations and punctuation omitted)); NAACP v. City of Kyle, 626 F3d 233, 238 (5th Cir. 2010) (“[T]he mere fact that an organization redirects some of its resources to litigation and legal counseling in response to actions or inactions of another party is insufficient to impart standing upon the organization.” (citations omitted)); Fair Housing Council of Suburb

2022Making this determination is a two part inquiry — we ask, first, whether the [defendant’s] action or omission to act injured the organization’s interest and, second, whether the organization used its resources to counteract that harm.” (citations and punctuation omitted)); NAACP v. City of Kyle, 626 F3d 233, 238 (5th Cir. 2010) (“[T]he mere fact that an organization redirects some of its resources to litigation and legal counseling in response to actions or inactions of another party is insufficient to impart standing upon the organization.” (citations and punctuation omitted)); Fair Housing C

11
Johnson v. Stategreen
ga · 2016 · cited in 1 Georgia opinions naming this issue, 2020–2020
2 sentences

2020Johnson v. State, 300 Ga. 252, 257 (3) ( 794 SE2d 60 ) (2016) (citing Barker v. Wingo, 407 U. S. 514 ( 92 SCt 2182 , 33 LE2d 101) (1972), and Doggett v. United States, 505 U. S. 647 ( 112 SCt 2686 , 120 LE2d 520) (1992)).

2020Johnson v. State, 300 Ga. 252, 257 (3) ( 794 SE2d 60 ) (2016) (citing Barker v. Wingo, 407 U. S. 514 ( 92 SCt 2182 , 33 LE2d 101) (1972), and Doggett v. United States, 505 U. S. 647 ( 112 SCt 2686 , 120 LE2d 520) (1992)).

11
Mason v. Stategreen
gactapp · 1991 · cited in 1 Georgia opinions naming this issue, 1994–1994
2 sentences

1994Moreover, an appellant must overcome “the strong presumption that the representation was effective.” Mason v. State, 199 Ga. App. 691, 693 (2) ( 405 SE2d 747 ).

1994Moreover, an appellant must overcome “the strong presumption that the representation was effective.” Mason v. State, 199 Ga. App. 691, 693 (2) ( 405 SE2d 747 ).

11
Griffin v. Stategreen
gactapp · 1991 · cited in 1 Georgia opinions naming this issue, 1992–1992
2 sentences

1992See also Griffin v. State, 199 Ga. App. 646, 647 ( 405 SE2d 877 ).

1992See also Griffin v. State, 199 Ga. App. 646, 647 ( 405 SE2d 877 ).

11
Smith v. Francisgreen
ga · 1985 · cited in 1 Georgia opinions naming this issue, 1990–1990
2 sentences

1990See Smith v. Francis, 253 Ga. 782, 783 ( 325 SE2d 362 ) (1985).

1990See Smith v. Francis, 253 Ga. 782, 783 ( 325 SE2d 362 ) (1985).

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 (3)

CaseCitedYears
Strickland v. Washington green
scotus · 1984
2 sentences

2005"Georgia has adopted the two part test for effectiveness set forth in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984)." (Citation omitted.) Perkins v. State, 260 Ga. 292, 293 (2), 392 S.E.2d 872 (1990).

2005“Georgia has adopted the two part test for effectiveness set forth in Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984).” (Citation omitted.) Perkins v. State, 260 Ga. 292, 293 (2) ( 392 SE2d 872 ) (1990).

71990–2005
Doggett v. United States green
scotus · 1992
2 sentences

2024Constitutional speedy trial claims are analyzed under the two- part framework set out in Barker v. Wingo, 407 U.S. 514, 530-533 (IV) (92 SCt 2182, 33 LE2d 101) (1972), and Doggett v. United States, 505 U.S. 647, 651 (II) (112 SCt 2686, 120 LE2d 520) (1992).

2024Constitutional speedy trial claims are analyzed under the two- part framework set out in Barker v. Wingo, 407 U.S. 514, 530-533 (IV) (92 SCt 2182, 33 LE2d 101) (1972), and Doggett v. United States, 505 U.S. 647, 651 (II) (112 SCt 2686, 120 LE2d 520) (1992).

22020–2024
Scapin v. State green
gactapp · 1992
2 sentences

1994As to the inadequacy of counsel claim, the trial court held: “A reasonable *319 probability does not exist that the result of the proceeding, or verdict, would have been different, even if the court did find that counsel’s performance was deficient.” “ ‘Georgia has adopted the two part test for effectiveness set forth in Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674). . . . [Defendants seeking to show that their counsel was ineffective must show: 1) their counsel’s performance was deficient and 2) that the deficient performance prejudiced the defense.’ [Cits.] The failure t

1994As to the inadequacy of counsel claim, the trial court held: “A reasonable *319 probability does not exist that the result of the proceeding, or verdict, would have been different, even if the court did find that counsel’s performance was deficient.” “ ‘Georgia has adopted the two part test for effectiveness set forth in Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674). . . . [Defendants seeking to show that their counsel was ineffective must show: 1) their counsel’s performance was deficient and 2) that the deficient performance prejudiced the defense.’ [Cits.] The failure t

11994–1994

Statutes the citing opinions construe

GA § 16-5-21 (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

CT 323 (1980–2026) LA 169 (1982–2024) TX 121 (1973–2024) OH 80 (1998–2026) IN 66 (1983–2024) IL 52 (1979–2026) PA 51 (1981–2025) WA 45 (1999–2025) MS 41 (1987–2024) TN 31 (1997–2018) CA 28 (1976–2026) DE 27 (1979–2025) NC 24 (1987–2026) NJ 23 (1991–2026) OK 16 (1985–2023) MD 15 (1979–2023) WI 15 (1989–2025) OR 14 (1979–2021) MI 12 (1994–2023) MO 12 (1981–2010) SD 11 (1991–2017) CO 11 (1985–2026) GA 11 (1990–2024) VA 11 (1987–2023) UT 10 (1988–2024) IA 9 (1986–2023) FL 8 (1989–2013) AZ 7 (1984–2026) WV 7 (1992–2020) NM 7 (1969–2025) MT 7 (1984–2010) VT 6 (1987–2019) NY 5 (2004–2016) MA 5 (1999–2025) HI 5 (1993–2023) SC 4 (1988–2005) KY 4 (2002–2020) KS 4 (2020–2025) ID 4 (1988–2019) RI 4 (1974–1999) NV 3 (1988–2017) NE 3 (2000–2023) DC 3 (1980–2005) ME 3 (2000–2021) ND 3 (2004–2007) MN 2 (1986–1987) AR 2 (1985–2015)

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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