10 Georgia opinions name it 2 courts 1932–2012 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.
| Case | Followed | Cited |
|---|---|---|
O'KELLEY v. Stategreen2 sentences2012Over a decade later, in O’Kelley v. State, 278 Ga. 564, 567 (2) ( 604 SE2d 509 ) (2004), this Court overruled prior case law indicating that a first appearance hearing was not a critical stage of proceedings, stating: [W]e overrule [prior case law] and hold that an initial appearance hearing, although often not a critical stage of a criminal proceeding in its own right requiring the actual presence of a defense attorney, is a formal legal proceeding wherein the Sixth Amendment right to counsel attaches. 2012Over a decade later, in O’Kelley v. State, 278 Ga. 564, 567 (2) ( 604 SE2d 509 ) (2004), this Court overruled prior case law indicating that a first appearance hearing was not a critical stage of proceedings, stating: [W]e overrule [prior case law] and hold that an initial appearance hearing, although often not a critical stage of a criminal proceeding in its own right requiring the actual presence of a defense attorney, is a formal legal proceeding wherein the Sixth Amendment right to counsel attaches. | 3 | 3 |
Jordan v. Harbergreen2 sentences1984Independent of the merits of the debtor’s contention, it nonetheless states a ground for equitable relief. “ ‘One of the most frequently recurring forms of fraud on the part of one litigant against the other, entitling the latter to relief in equity against the judgment finally entered, is the making of some agreement or representation for the purpose of preventing an appearance or defense in the original action . . . reliance upon which has had the effect intended.’ ” Jordan v. Harber, 172 Ga. 139, 163 ( 157 SE 652 ) (1931). 1984Independent of the merits of the debtor’s contention, it nonetheless states a ground for equitable relief. “ ‘One of the most frequently recurring forms of fraud on the part of one litigant against the other, entitling the latter to relief in equity against the judgment finally entered, is the making of some agreement or representation for the purpose of preventing an appearance or defense in the original action . . . reliance upon which has had the effect intended.’ ” Jordan v. Harber, 172 Ga. 139, 163 ( 157 SE 652 ) (1931). | 2 | 2 |
Flateau v. Reinhardt, Whitley & Wilmotgreen2 sentences2011Cf. Flateau v. Reinhardt, Whitley & Wilmot, 220 Ga. App. 188, 192 (3) (c) ( 469 SE2d 222 ) (1996) (fact that the court did not issue a summons requiring the defendant’s appearance at a hearing does not render the petition for writ of possession defective). 2011Cf. Flateau v. Reinhardt, Whitley & Wilmot, 220 Ga. App. 188, 192 (3) (c) ( 469 SE2d 222 ) (1996) (fact that the court did not issue a summons requiring the defendant’s appearance at a hearing does not render the petition for writ of possession defective). | 1 | 1 |
Jenkins v. Stategreen2 sentences2007Purdom, Georgia Magistrate Court Handbook with Forms (2007-2008), §§ 10-3 (initial appearance hearing, purposes and procedures); 10-4 (required advisement at the initial appearance hearing of rights and charges). 5 See Jackson v. State, 253 Ga. App. 559, 560 ( 560 SE2d 62 ) (2002) (“[T]he State hears the burden of showing the waiver [of the right to a jury trial] was made both intelligently and knowingly, either (1) by showing on the record that the defendant was cognizant of the right being waived; or (2) by filling a silent or incomplete record through the use of extrinsic evidence which aff 2007Purdom, Georgia Magistrate Court Handbook with Forms (2007-2008), §§ 10-3 (initial appearance hearing, purposes and procedures); 10-4 (required advisement at the initial appearance hearing of rights and charges). 5 See Jackson v. State, 253 Ga. App. 559, 560 ( 560 SE2d 62 ) (2002) (“[T]he State hears the burden of showing the waiver [of the right to a jury trial] was made both intelligently and knowingly, either (1) by showing on the record that the defendant was cognizant of the right being waived; or (2) by filling a silent or incomplete record through the use of extrinsic evidence which aff | 1 | 1 |
Smith v. Stategreen2 sentences2007Purdom, Georgia Magistrate Court Handbook with Forms (2007-2008), §§ 10-3 (initial appearance hearing, purposes and procedures); 10-4 (required advisement at the initial appearance hearing of rights and charges). 5 See Jackson v. State, 253 Ga. App. 559, 560 ( 560 SE2d 62 ) (2002) (“[T]he State hears the burden of showing the waiver [of the right to a jury trial] was made both intelligently and knowingly, either (1) by showing on the record that the defendant was cognizant of the right being waived; or (2) by filling a silent or incomplete record through the use of extrinsic evidence which aff 2007Purdom, Georgia Magistrate Court Handbook with Forms (2007-2008), §§ 10-3 (initial appearance hearing, purposes and procedures); 10-4 (required advisement at the initial appearance hearing of rights and charges). 5 See Jackson v. State, 253 Ga. App. 559, 560 ( 560 SE2d 62 ) (2002) (“[T]he State hears the burden of showing the waiver [of the right to a jury trial] was made both intelligently and knowingly, either (1) by showing on the record that the defendant was cognizant of the right being waived; or (2) by filling a silent or incomplete record through the use of extrinsic evidence which aff | 1 | 1 |
Jackson v. Stategreen2 sentences2007Purdom, Georgia Magistrate Court Handbook with Forms (2007-2008), §§ 10-3 (initial appearance hearing, purposes and procedures); 10-4 (required advisement at the initial appearance hearing of rights and charges). 5 See Jackson v. State, 253 Ga. App. 559, 560 ( 560 SE2d 62 ) (2002) (“[T]he State hears the burden of showing the waiver [of the right to a jury trial] was made both intelligently and knowingly, either (1) by showing on the record that the defendant was cognizant of the right being waived; or (2) by filling a silent or incomplete record through the use of extrinsic evidence which aff 2007Purdom, Georgia Magistrate Court Handbook with Forms (2007-2008), §§ 10-3 (initial appearance hearing, purposes and procedures); 10-4 (required advisement at the initial appearance hearing of rights and charges). 5 See Jackson v. State, 253 Ga. App. 559, 560 ( 560 SE2d 62 ) (2002) (“[T]he State hears the burden of showing the waiver [of the right to a jury trial] was made both intelligently and knowingly, either (1) by showing on the record that the defendant was cognizant of the right being waived; or (2) by filling a silent or incomplete record through the use of extrinsic evidence which aff | 1 | 1 |
Whitaker v. Stategreen2 sentences2007Purdom, Georgia Magistrate Court Handbook with Forms (2007-2008), §§ 10-3 (initial appearance hearing, purposes and procedures); 10-4 (required advisement at the initial appearance hearing of rights and charges). 5 See Jackson v. State, 253 Ga. App. 559, 560 ( 560 SE2d 62 ) (2002) (“[T]he State hears the burden of showing the waiver [of the right to a jury trial] was made both intelligently and knowingly, either (1) by showing on the record that the defendant was cognizant of the right being waived; or (2) by filling a silent or incomplete record through the use of extrinsic evidence which aff 2007Purdom, Georgia Magistrate Court Handbook with Forms (2007-2008), §§ 10-3 (initial appearance hearing, purposes and procedures); 10-4 (required advisement at the initial appearance hearing of rights and charges). 5 See Jackson v. State, 253 Ga. App. 559, 560 ( 560 SE2d 62 ) (2002) (“[T]he State hears the burden of showing the waiver [of the right to a jury trial] was made both intelligently and knowingly, either (1) by showing on the record that the defendant was cognizant of the right being waived; or (2) by filling a silent or incomplete record through the use of extrinsic evidence which aff | 1 | 1 |
Ballard v. Smithgreen2 sentences2006And Georgia’s constitutional right to counsel does not attach unless the proceeding constitutes a “critical stage.” Ballard v. Smith, 225 Ga. 416, 418 ( 169 SE2d 329 ) (1969). 2006And Georgia’s constitutional right to counsel does not attach unless the proceeding constitutes a “critical stage.” Ballard v. Smith, 225 Ga. 416, 418 ( 169 SE2d 329 ) (1969). | 1 | 1 |
United States v. Gouveiagreen1 sentence2006Michigan v. Jackson, 475 U. S. 625 (106 SC 1404, 89 LE2d 631) (1986); United States v. Gouveia, 467 U. S. 180, 187 (104 SC 2292, 81 LE2d 146) (1984); see O’Kelley v. State, 278 Ga. 564 ( 604 SE2d 509 ) (2004) (an initial appearance hearing is a formal legal proceeding at which right to counsel attaches even though it is not often a critical stage). | 1 | 1 |
State v. Simmonsgreen1 sentence2004Simmons, 260 Ga. at 93-94, n. 2 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Michigan v. Jackson
red
2 sentences2006Michigan v. Jackson, 475 U. S. 625 (106 SC 1404, 89 LE2d 631) (1986); United States v. Gouveia, 467 U. S. 180, 187 (104 SC 2292, 81 LE2d 146) (1984); see O’Kelley v. State, 278 Ga. 564 ( 604 SE2d 509 ) (2004) (an initial appearance hearing is a formal legal proceeding at which right to counsel attaches even though it is not often a critical stage). 2004In Simmons , this Court noted the State’s argument that, under Ross , an initial appearance hearing should not be regarded as triggering *567 the attachment of the Sixth Amendment right to counsel; however, this Court also noted that Ross has been called into question in light of Michigan v. Jackson, 475 U. S. 625 . | 2 | 2004–2006 |
Colonial Life & Accident Insurance v. McClain
green
1 sentence1980The Court of Appeals approached appellate review of the attorney fees issue in terms of what the appellants (defendants in the trial court) maintained, which has the appearance of being a rule that would deny attorney fees "if the evidence would have supported a verdict in accordance with the contentions of the defendant.” 243 Ga. at 264 . | 1 | 1980–1980 |
Vaughan v. Bank of Cobbtown
neutral
1 sentence1932Mere presence of the garnishee in the courtroom at the time the issue made by the traverse to his answer of no indebtedness was tried and judgment rendered against him- would not dispense with the right to previous written notice of the traverse as required by the Civil Code, § 5284 (Vaughan v. Bank of Cobbtown, 14 Ga. App. 9 , 79 S. E. 1130 ), or amount to an appearance and a waiver of such service. | 1 | 1932–1932 |
Collier v. State
neutral
1 sentence1932Mere presence of the garnishee in the courtroom at the time the issue made by the traverse to his answer of no indebtedness was tried and judgment rendered against him- would not dispense with the right to previous written notice of the traverse as required by the Civil Code, § 5284 (Vaughan v. Bank of Cobbtown, 14 Ga. App. 9 , 79 S. E. 1130 ), or amount to an appearance and a waiver of such service. | 1 | 1932–1932 |
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.