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10 Georgia opinions name it 2 courts 1974–2025 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 |
|---|---|---|
Lucky v. Stategreen2 sentences2017Both crimes require proof of an intent to rob, and the ‘assault’ requirement of aggravated assault is the equivalent of the armed robbery requirement that the taking be ‘by use of an offensive weapon’ since ‘use of an offensive weapon’ takes place when the weapon is used as an instrument of actual or constructive force—that is, actual violence exerted on the victim or force exerted upon the victim by operating on the victim’s fears of injury to the person, property, or character of the victim.”). 79 Long, 287 Ga. at 889 (2); accord Lucky, 286 Ga. at 482 (2). 80 Long, 287 Ga. at 889 (2); accord 2017Both crimes require proof of an intent to rob, and the ‘assault’ requirement of aggravated assault is the equivalent of the armed robbery requirement that the taking be ‘by use of an offensive weapon’ since ‘use of an offensive weapon’ takes place when the weapon is used as an instrument of actual or constructive force—that is, actual violence exerted on the victim or force exerted upon the victim by operating on the victim’s fears of injury to the person, property, or character of the victim.”). 79 Long, 287 Ga. at 889 (2); accord Lucky, 286 Ga. at 482 (2). 80 Long, 287 Ga. at 889 (2); accord | 3 | 4 |
Long v. Stategreen2 sentences2017Both crimes require proof of an intent to rob, and the ‘assault’ requirement of aggravated assault is the equivalent of the armed robbery requirement that the taking be ‘by use of an offensive weapon’ since ‘use of an offensive weapon’ takes place when the weapon is used as an instrument of actual or constructive force—that is, actual violence exerted on the victim or force exerted upon the victim by operating on the victim’s fears of injury to the person, property, or character of the victim.”). 79 Long, 287 Ga. at 889 (2); accord Lucky, 286 Ga. at 482 (2). 80 Long, 287 Ga. at 889 (2); accord 2017Both crimes require proof of an intent to rob, and the ‘assault’ requirement of aggravated assault is the equivalent of the armed robbery requirement that the taking be ‘by use of an offensive weapon’ since ‘use of an offensive weapon’ takes place when the weapon is used as an instrument of actual or constructive force—that is, actual violence exerted on the victim or force exerted upon the victim by operating on the victim’s fears of injury to the person, property, or character of the victim.”). 79 Long, 287 Ga. at 889 (2); accord Lucky, 286 Ga. at 482 (2). 80 Long, 287 Ga. at 889 (2); accord | 2 | 2 |
Vergara v. Stategreen2 sentences2013See id. (holding that “review of the record establishes that appellant’s arguments regarding one portion of the trial court’s armed robbery instruction are completely obviated by other portions of that instruction not quoted by appellant”). 2013See id. (holding that “review of the record establishes that appellant’s arguments regarding one portion of the trial court’s armed robbery instruction are completely obviated by other portions of that instruction not quoted by appellant”). | 2 | 2 |
Drinkard v. Walkergreen2 sentences2017Both crimes require proof of an intent to rob, and the ‘assault’ requirement of aggravated assault is the equivalent of the armed robbery requirement that the taking be ‘by use of an offensive weapon’ since ‘use of an offensive weapon’ takes place when the weapon is used as an instrument of actual or constructive force—that is, actual violence exerted on the victim or force exerted upon the victim by operating on the victim’s fears of injury to the person, property, or character of the victim.”). 79 Long, 287 Ga. at 889 (2); accord Lucky, 286 Ga. at 482 (2). 80 Long, 287 Ga. at 889 (2); accord 2011A person commits an assault when he or she “[clommits an act which places another in reasonable apprehension of immediately receiving a violent injury.” OCGA § 16-5-20 (a) (2). 8 See Lucky, 286 Ga. at 482 (2) (“[T]he ‘assault’ requirement of aggravated assault is the equivalent of the armed robbery requirement that the taking be ‘by use of an offensive weapon’ since ‘use of an offensive weapon’ takes place when the weapon is used as an instrument of actual or constructive force—that is, actual violence exerted on the victim or force exerted upon the victim by operating on the victim’s fears of | 1 | 2 |
Keller v. Stategreen2 sentences2025Appellant argues that the armed robbery instruction “authorized the jury to convict if they found [Appellant] used an object having the appearance of a gun, a manner not alleged in the indictment”; that “[t]rial counsel had a duty to object”; that “[s]he did not”; and that “[a]s such, her performance fell below acceptable standards.” However, at the time of Appellant’s trial in 2012, it was well established that “[i]t is not usually cause for new trial that an entire Code section is given . . . even though a part of the charge may be inapplicable under the facts in evidence.” Keller v. State, 2025Appellant argues that the armed robbery instruction “authorized the jury to convict if they found [Appellant] used an object having the appearance of a gun, a manner not alleged in the indictment”; that “[t]rial counsel had a duty to object”; that “[s]he did not”; and that “[a]s such, her performance fell below acceptable standards.” However, at the time of Appellant’s trial in 2012, it was well established that “[i]t is not usually cause for new trial that an entire Code section is given . . . even though a part of the charge may be inapplicable under the facts in evidence.” Keller v. State, | 1 | 1 |
Premo v. Mooregreen2 sentences2025See Moss v. State, 298 Ga. 613, 618 (5) (b) ( 783 SE2d 652 ) (2016) (“A lawyer is not required to make an objection that he reasonably believes will fail, and to demonstrate constitutionally deficient performance, Appellant must show that no competent attorney would think that the objection in question would have failed.” (citing Premo v. Moore, 562 U.S. 115, 124 ( 131 SCt 733 , 178 LE2d 649) (2011))). 2025See Moss v. State, 298 Ga. 613, 618 (5) (b) ( 783 SE2d 652 ) (2016) (“A lawyer is not required to make an objection that he reasonably believes will fail, and to demonstrate constitutionally deficient performance, Appellant must show that no competent attorney would think that the objection in question would have failed.” (citing Premo v. Moore, 562 U.S. 115, 124 ( 131 SCt 733 , 178 LE2d 649) (2011))). | 1 | 1 |
Moss v. Stategreen2 sentences2025See Moss v. State, 298 Ga. 613, 618 (5) (b) ( 783 SE2d 652 ) (2016) (“A lawyer is not required to make an objection that he reasonably believes will fail, and to demonstrate constitutionally deficient performance, Appellant must show that no competent attorney would think that the objection in question would have failed.” (citing Premo v. Moore, 562 U.S. 115, 124 ( 131 SCt 733 , 178 LE2d 649) (2011))). 2025See Moss v. State, 298 Ga. 613, 618 (5) (b) ( 783 SE2d 652 ) (2016) (“A lawyer is not required to make an objection that he reasonably believes will fail, and to demonstrate constitutionally deficient performance, Appellant must show that no competent attorney would think that the objection in question would have failed.” (citing Premo v. Moore, 562 U.S. 115, 124 ( 131 SCt 733 , 178 LE2d 649) (2011))). | 1 | 1 |
Blockburger v. United Statesgreen1 sentence2017Both crimes require proof of an intent to rob, and the ‘assault’ requirement of aggravated assault is the equivalent of the armed robbery requirement that the taking be ‘by use of an offensive weapon’ since ‘use of an offensive weapon’ takes place when the weapon is used as an instrument of actual or constructive force—that is, actual violence exerted on the victim or force exerted upon the victim by operating on the victim’s fears of injury to the person, property, or character of the victim.”). 79 Long, 287 Ga. at 889 (2); accord Lucky, 286 Ga. at 482 (2). 80 Long, 287 Ga. at 889 (2); accord | 1 | 1 |
Mullis v. Stategreen2 sentences2017Both crimes require proof of an intent to rob, and the ‘assault’ requirement of aggravated assault is the equivalent of the armed robbery requirement that the taking be ‘by use of an offensive weapon’ since ‘use of an offensive weapon’ takes place when the weapon is used as an instrument of actual or constructive force—that is, actual violence exerted on the victim or force exerted upon the victim by operating on the victim’s fears of injury to the person, property, or character of the victim.”). 79 Long, 287 Ga. at 889 (2); accord Lucky, 286 Ga. at 482 (2). 80 Long, 287 Ga. at 889 (2); accord 2017Both crimes require proof of an intent to rob, and the ‘assault’ requirement of aggravated assault is the equivalent of the armed robbery requirement that the taking be ‘by use of an offensive weapon’ since ‘use of an offensive weapon’ takes place when the weapon is used as an instrument of actual or constructive force—that is, actual violence exerted on the victim or force exerted upon the victim by operating on the victim’s fears of injury to the person, property, or character of the victim.”). 79 Long, 287 Ga. at 889 (2); accord Lucky, 286 Ga. at 482 (2). 80 Long, 287 Ga. at 889 (2); accord | 1 | 1 |
Haynes v. Stategreen1 sentence2017Both crimes require proof of an intent to rob, and the ‘assault’ requirement of aggravated assault is the equivalent of the armed robbery requirement that the taking be ‘by use of an offensive weapon’ since ‘use of an offensive weapon’ takes place when the weapon is used as an instrument of actual or constructive force—that is, actual violence exerted on the victim or force exerted upon the victim by operating on the victim’s fears of injury to the person, property, or character of the victim.”). 79 Long, 287 Ga. at 889 (2); accord Lucky, 286 Ga. at 482 (2). 80 Long, 287 Ga. at 889 (2); accord | 1 | 1 |
Hall v. Stategreen2 sentences2017Both crimes require proof of an intent to rob, and the ‘assault’ requirement of aggravated assault is the equivalent of the armed robbery requirement that the taking be ‘by use of an offensive weapon’ since ‘use of an offensive weapon’ takes place when the weapon is used as an instrument of actual or constructive force—that is, actual violence exerted on the victim or force exerted upon the victim by operating on the victim’s fears of injury to the person, property, or character of the victim.”). 79 Long, 287 Ga. at 889 (2); accord Lucky, 286 Ga. at 482 (2). 80 Long, 287 Ga. at 889 (2); accord 2017Both crimes require proof of an intent to rob, and the ‘assault’ requirement of aggravated assault is the equivalent of the armed robbery requirement that the taking be ‘by use of an offensive weapon’ since ‘use of an offensive weapon’ takes place when the weapon is used as an instrument of actual or constructive force—that is, actual violence exerted on the victim or force exerted upon the victim by operating on the victim’s fears of injury to the person, property, or character of the victim.”). 79 Long, 287 Ga. at 889 (2); accord Lucky, 286 Ga. at 482 (2). 80 Long, 287 Ga. at 889 (2); accord | 1 | 1 |
Culpepper v. Stategreen2 sentences2017See Culpepper v. State, 289 Ga. 736, 739 (2) (b) ( 715 SE2d 155 ) (2011). 2017See Culpepper v. State, 289 Ga. 736, 739 (2) (b) ( 715 SE2d 155 ) (2011). | 1 | 1 |
Ledford v. Statered2 sentences2017Both crimes require proof of an intent to rob, and the ‘assault’ requirement of aggravated assault is the equivalent of the armed robbery requirement that the taking be ‘by use of an offensive weapon’ since ‘use of an offensive weapon’ takes place when the weapon is used as an instrument of actual or constructive force—that is, actual violence exerted on the victim or force exerted upon the victim by operating on the victim’s fears of injury to the person, property, or character of the victim.”). 79 Long, 287 Ga. at 889 (2); accord Lucky, 286 Ga. at 482 (2). 80 Long, 287 Ga. at 889 (2); accord 2017Both crimes require proof of an intent to rob, and the ‘assault’ requirement of aggravated assault is the equivalent of the armed robbery requirement that the taking be ‘by use of an offensive weapon’ since ‘use of an offensive weapon’ takes place when the weapon is used as an instrument of actual or constructive force—that is, actual violence exerted on the victim or force exerted upon the victim by operating on the victim’s fears of injury to the person, property, or character of the victim.”). 79 Long, 287 Ga. at 889 (2); accord Lucky, 286 Ga. at 482 (2). 80 Long, 287 Ga. at 889 (2); accord | 1 | 1 |
Smashum v. Stategreen2 sentences2017Both crimes require proof of an intent to rob, and the ‘assault’ requirement of aggravated assault is the equivalent of the armed robbery requirement that the taking be ‘by use of an offensive weapon’ since ‘use of an offensive weapon’ takes place when the weapon is used as an instrument of actual or constructive force—that is, actual violence exerted on the victim or force exerted upon the victim by operating on the victim’s fears of injury to the person, property, or character of the victim.”). 79 Long, 287 Ga. at 889 (2); accord Lucky, 286 Ga. at 482 (2). 80 Long, 287 Ga. at 889 (2); accord 2017Both crimes require proof of an intent to rob, and the ‘assault’ requirement of aggravated assault is the equivalent of the armed robbery requirement that the taking be ‘by use of an offensive weapon’ since ‘use of an offensive weapon’ takes place when the weapon is used as an instrument of actual or constructive force—that is, actual violence exerted on the victim or force exerted upon the victim by operating on the victim’s fears of injury to the person, property, or character of the victim.”). 79 Long, 287 Ga. at 889 (2); accord Lucky, 286 Ga. at 482 (2). 80 Long, 287 Ga. at 889 (2); accord | 1 | 1 |
Ling v. Stategreen1 sentence2011A person commits an assault when he or she “[clommits an act which places another in reasonable apprehension of immediately receiving a violent injury.” OCGA § 16-5-20 (a) (2). 8 See Lucky, 286 Ga. at 482 (2) (“[T]he ‘assault’ requirement of aggravated assault is the equivalent of the armed robbery requirement that the taking be ‘by use of an offensive weapon’ since ‘use of an offensive weapon’ takes place when the weapon is used as an instrument of actual or constructive force—that is, actual violence exerted on the victim or force exerted upon the victim by operating on the victim’s fears of | 1 | 1 |
Garland v. Stategreen2 sentences2011A person commits an assault when he or she “[clommits an act which places another in reasonable apprehension of immediately receiving a violent injury.” OCGA § 16-5-20 (a) (2). 8 See Lucky, 286 Ga. at 482 (2) (“[T]he ‘assault’ requirement of aggravated assault is the equivalent of the armed robbery requirement that the taking be ‘by use of an offensive weapon’ since ‘use of an offensive weapon’ takes place when the weapon is used as an instrument of actual or constructive force—that is, actual violence exerted on the victim or force exerted upon the victim by operating on the victim’s fears of 2011A person commits an assault when he or she “[clommits an act which places another in reasonable apprehension of immediately receiving a violent injury.” OCGA § 16-5-20 (a) (2). 8 See Lucky, 286 Ga. at 482 (2) (“[T]he ‘assault’ requirement of aggravated assault is the equivalent of the armed robbery requirement that the taking be ‘by use of an offensive weapon’ since ‘use of an offensive weapon’ takes place when the weapon is used as an instrument of actual or constructive force—that is, actual violence exerted on the victim or force exerted upon the victim by operating on the victim’s fears of | 1 | 1 |
Oliver v. Stategreen2 sentences2010(Citations and punctuation omitted; emphasis supplied.) Lucky, supra, 286 Ga. at 482 (2); see also Oliver v. State, 232 Ga. App. 816, 817-818 (1) ( 503 SE2d 28 ) (1998). 2010(Citations and punctuation omitted; emphasis supplied.) Lucky, supra, 286 Ga. at 482 (2); see also Oliver v. State, 232 Ga. App. 816, 817-818 (1) ( 503 SE2d 28 ) (1998). | 1 | 1 |
Maddox v. Stategreen2 sentences2010Maddox v. State, 174 Ga. App. 728, 729 ( 330 SE2d 911 ) (1985). 2010Maddox v. State, 174 Ga. App. 728, 729 ( 330 SE2d 911 ) (1985). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Murray v. State
green
1 sentence2011A person commits an assault when he or she “[clommits an act which places another in reasonable apprehension of immediately receiving a violent injury.” OCGA § 16-5-20 (a) (2). 8 See Lucky, 286 Ga. at 482 (2) (“[T]he ‘assault’ requirement of aggravated assault is the equivalent of the armed robbery requirement that the taking be ‘by use of an offensive weapon’ since ‘use of an offensive weapon’ takes place when the weapon is used as an instrument of actual or constructive force—that is, actual violence exerted on the victim or force exerted upon the victim by operating on the victim’s fears of | 1 | 2011–2011 |
Brand v. Wofford
green
2 sentences1974Under decisions exemplified by Kirby v. Illinois, 406 U. S. 682 (92 SC 1877, 32 LE2d 411), Brand v. Wofford, 230 Ga. 750 ( 199 SE2d 231 ), and similar cases, the failure to provide counsel for the defendant at such pre-indictment confrontation was not error and the admission of evidence by the victim during the trial of the case identifying the defendant as the person who committed the armed robbery was not error. 1974Under decisions exemplified by Kirby v. Illinois, 406 U. S. 682 (92 SC 1877, 32 LE2d 411), Brand v. Wofford, 230 Ga. 750 ( 199 SE2d 231 ), and similar cases, the failure to provide counsel for the defendant at such pre-indictment confrontation was not error and the admission of evidence by the victim during the trial of the case identifying the defendant as the person who committed the armed robbery was not error. | 1 | 1974–1974 |
Kirby v. Illinois
green
1 sentence1974Under decisions exemplified by Kirby v. Illinois, 406 U. S. 682 (92 SC 1877, 32 LE2d 411), Brand v. Wofford, 230 Ga. 750 ( 199 SE2d 231 ), and similar cases, the failure to provide counsel for the defendant at such pre-indictment confrontation was not error and the admission of evidence by the victim during the trial of the case identifying the defendant as the person who committed the armed robbery was not error. | 1 | 1974–1974 |
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.
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.