Bailey claim in Georgia

2017See Wilson, 291 Ga. at 459 .

2017Id. (punctuation and emphasis omitted). 3 Assuming, without deciding, that a failure to provide a charge that a defendant must knowingly possess cocaine with an intent to distribute is always erroneous as a matter of law, Bailey’s claim of error fails under a subsequent prong—that is, he cannot establish that the alleged error affected the outcome of the trial court proceedings.

2025“When we consider whether to follow one of our past decisions, stare decisis is the strong default rule.” Wasserman, 320 Ga. at 645 (II) (B) (1) (citation and punctuation omitted).

2025“When we consider whether to follow one of our past decisions, stare decisis is the strong default rule.” Wasserman, 320 Ga. at 645 (II) (B) (1) (citation and punctuation omitted).

2025The Bailey Court announced and applied a clear (if unsupported) rule: the insanity defenses are not available to someone who “brought about” or “in- duced” a delusion “voluntarily” or with some degree of “premedita- tion.” Bailey, 249 Ga. at 537-538 (1). 24 If Bailey’s rule is that the insanity defenses are not available to a defendant who intentionally takes some action to induce one of the relevant mental states, we see no serious basis for distinguishing this case.

2025Sure, this Court applied that rule to a “chronic paranoid schizophrenic” who ignored his doctors’ “advice to avoid highly stressful confrontations,” 249 Ga. at 537 (1), whereas this case in- volves a person with bipolar disorder who may have intentionally stopped taking her psychiatric medication.

2013See Goethe v. State, 294 Ga. App. 232, 233-234 (1) ( 668 SE2d 859 ) (2008) (finding that it was not error to charge the jury with an “accurate reflection of the law,” citing OCGA § 40-6-392 (a) (1) (A)).6 After the trial court gave the actual instruction, however, 6 The charge at issue in Goethe did not contain the language which formed the basis of Bailey’s objection here.

2013See Goethe v. State, 294 Ga. App. 232, 233-234 (1) ( 668 SE2d 859 ) (2008) (finding that it was not error to charge the jury with an “accurate reflection of the law,” citing OCGA § 40-6-392 (a) (1) (A)).6 After the trial court gave the actual instruction, however, 6 The charge at issue in Goethe did not contain the language which formed the basis of Bailey’s objection here.

2012See Norwood v. State, 311 Ga. App. 815, 818 ( 717 SE2d 316 ) (2011) (issues of credibility on a motion to withdraw a guilty plea are for the trial court to resolve); Bielen v. State, 265 Ga. App. 865, 868 (1) ( 595 SE2d 543 ) (2004) (court not required to accept as true defendant’s claim that he would not have pled guilty but for attorney’s deficiency); McCloud v. State, 240 Ga. App. at 336 (2).

2012See Norwood v. State, 311 Ga. App. 815, 818 ( 717 SE2d 316 ) (2011) (issues of credibility on a motion to withdraw a guilty plea are for the trial court to resolve); Bielen v. State, 265 Ga. App. 865, 868 (1) ( 595 SE2d 543 ) (2004) (court not required to accept as true defendant’s claim that he would not have pled guilty but for attorney’s deficiency); McCloud v. State, 240 Ga. App. at 336 (2).

2012See Norwood v. State, 311 Ga. App. 815, 818 ( 717 SE2d 316 ) (2011) (issues of credibility on a motion to withdraw a guilty plea are for the trial court to resolve); Bielen v. State, 265 Ga. App. 865, 868 (1) ( 595 SE2d 543 ) (2004) (court not required to accept as true defendant’s claim that he would not have pled guilty but for attorney’s deficiency); McCloud v. State, 240 Ga. App. at 336 (2).

2012See Norwood v. State, 311 Ga. App. 815, 818 ( 717 SE2d 316 ) (2011) (issues of credibility on a motion to withdraw a guilty plea are for the trial court to resolve); Bielen v. State, 265 Ga. App. 865, 868 (1) ( 595 SE2d 543 ) (2004) (court not required to accept as true defendant’s claim that he would not have pled guilty but for attorney’s deficiency); McCloud v. State, 240 Ga. App. at 336 (2).

2012See Norwood v. State, 311 Ga. App. 815, 818 ( 717 SE2d 316 ) (2011) (issues of credibility on a motion to withdraw a guilty plea are for the trial court to resolve); Bielen v. State, 265 Ga. App. 865, 868 (1) ( 595 SE2d 543 ) (2004) (court not required to accept as true defendant’s claim that he would not have pled guilty but for attorney’s deficiency); McCloud v. State, 240 Ga. App. at 336 (2).

2008Co., 261 Ga. 703, 706 (2) ( 409 SE2d 835 ) (1991). (b) Ferman and the Dental Center also claim that the trial court erred in denying their motion for a directed verdict, motion for a j.n.o.v., and motion for new trial related to Bailey’s claim of negligent hiring and retention.

2008Co., 261 Ga. 703, 706 (2) ( 409 SE2d 835 ) (1991). (b) Ferman and the Dental Center also claim that the trial court erred in denying their motion for a directed verdict, motion for a j.n.o.v., and motion for new trial related to Bailey’s claim of negligent hiring and retention.

2008See OCGA § 51-12-5.1 (b) (providing for punitive damages based on commission of intentional torts); Tyler v. Lincoln, 272 Ga. 118, 122 (2) (527 SE2d *292 180) (2000) (“every intentional tort invokes a species of bad faith that entitles a person wronged to recover the expenses of litigation including attorney fees”) (citations and punctuation omitted).

2008See Underberg v. Southern Alarm, 284 Ga. App. 108, 110 (1) ( 643 SE2d 374 ) (2007) (“a defendant employer has a duty to exercise ordinary care not to hire or retain an employee the employer knew or should have known posed a risk of harm to others where it is reasonably foreseeable from the employee’s tendencies or propensities that the employee could cause the type of harm sustained by the plaintiff”) (footnote omitted).

2008See Underberg v. Southern Alarm, 284 Ga. App. 108, 110 (1) ( 643 SE2d 374 ) (2007) (“a defendant employer has a duty to exercise ordinary care not to hire or retain an employee the employer knew or should have known posed a risk of harm to others where it is reasonably foreseeable from the employee’s tendencies or propensities that the employee could cause the type of harm sustained by the plaintiff”) (footnote omitted).

1993Burney v. State, 244 Ga. 33, 37-38 (3) ( 257 SE2d 543 ) (1979). 4.

1986See Bigley v. Lawrence, 149 Ga. App. 249 ( 253 SE2d 870 ).

1986See Bigley v. Lawrence, 149 Ga. App. 249 ( 253 SE2d 870 ).