criminal case constitutes waiver (Georgia) · Go Syfert
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criminal case constitutes waiver in Georgia

10 Georgia opinions name it 2 courts 1991–2011 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.

Followed or applied (7)

CaseFollowedCited
Crawford v. Stategreen
ga · 1985 · cited in 4 Georgia opinions naming this issue, 1991–2011
2 sentences

1991Failure to object to a jury charge in a criminal case constitutes a waiver except where, under OCGA § 5-5-24 (c), "`there has been a substantial error in the charge which was harmful as a matter of law, regardless of whether objection was made hereunder or not.' Maynard v. State, 171 Ga. App. 605 ( 320 SE2d 806 ) (1984)." Barnett v. State, 178 Ga. App. 685, 686 (1) ( 344 SE2d 665 ) (1986); see Crawford v. State, 254 Ga. 435, 438-439 (n. 4) ( 330 SE2d 567 ) (1985).

1991Failure to object to a jury charge in a criminal case constitutes a waiver except where, under OCGA § 5-5-24 (c), "`there has been a substantial error in the charge which was harmful as a matter of law, regardless of whether objection was made hereunder or not.' Maynard v. State, 171 Ga. App. 605 ( 320 SE2d 806 ) (1984)." Barnett v. State, 178 Ga. App. 685, 686 (1) ( 344 SE2d 665 ) (1986); see Crawford v. State, 254 Ga. 435, 438-439 (n. 4) ( 330 SE2d 567 ) (1985).

44
Barnett v. Stategreen
gactapp · 1986 · cited in 4 Georgia opinions naming this issue, 1991–1999
2 sentences

1991Failure to object to a jury charge in a criminal case constitutes a waiver except where, under OCGA § 5-5-24 (c), "`there has been a substantial error in the charge which was harmful as a matter of law, regardless of whether objection was made hereunder or not.' Maynard v. State, 171 Ga. App. 605 ( 320 SE2d 806 ) (1984)." Barnett v. State, 178 Ga. App. 685, 686 (1) ( 344 SE2d 665 ) (1986); see Crawford v. State, 254 Ga. 435, 438-439 (n. 4) ( 330 SE2d 567 ) (1985).

1991Failure to object to a jury charge in a criminal case constitutes a waiver except where, under OCGA § 5-5-24 (c), "`there has been a substantial error in the charge which was harmful as a matter of law, regardless of whether objection was made hereunder or not.' Maynard v. State, 171 Ga. App. 605 ( 320 SE2d 806 ) (1984)." Barnett v. State, 178 Ga. App. 685, 686 (1) ( 344 SE2d 665 ) (1986); see Crawford v. State, 254 Ga. 435, 438-439 (n. 4) ( 330 SE2d 567 ) (1985).

44
Medina v. Stategreen
gactapp · 1998 · cited in 3 Georgia opinions naming this issue, 2005–2008
2 sentences

2008“Failure to object to a jury charge in a criminal case constitutes a waiver except where, under OCGA § 5-5-24 (c), there has been a substantial error in the charge which was harmful as a matter of law, regardless of whether objection was made or not.” (Citations omitted.) Medina v. State, 234 Ga. App. 13, 15 (2) ( 505 SE2d 558 ) (1998); see also Davis v. State, 184 Ga. App. 415, 416 (2) ( 361 SE2d 547 ) (1987) (upon inquiry from trial court, defendant’s failure to object to *436 Allen charge constituted waiver).

2008“Failure to object to a jury charge in a criminal case constitutes a waiver except where, under OCGA § 5-5-24 (c), there has been a substantial error in the charge which was harmful as a matter of law, regardless of whether objection was made or not.” (Citations omitted.) Medina v. State, 234 Ga. App. 13, 15 (2) ( 505 SE2d 558 ) (1998); see also Davis v. State, 184 Ga. App. 415, 416 (2) ( 361 SE2d 547 ) (1987) (upon inquiry from trial court, defendant’s failure to object to *436 Allen charge constituted waiver).

33
Jones v. Stategreen
gactapp · 2006 · cited in 1 Georgia opinions naming this issue, 2011–2011
2 sentences

2011See, e.g., Jones v. State, 280 Ga.App. 287, 291 , 633 S.E.2d 806 (2006) ("`Failure to object to a jury charge in a criminal case constitutes a waiver except where, under OCGA § 5-5-24(c), there has been a substantial error in the charge which was harmful as a matter of law, regardless of whether objection was made or not.'" (citations omitted)).

2011See, e.g., Jones v. State, 280 Ga.App. 287, 291 , 633 S.E.2d 806 (2006) ("`Failure to object to a jury charge in a criminal case constitutes a waiver except where, under OCGA § 5-5-24(c), there has been a substantial error in the charge which was harmful as a matter of law, regardless of whether objection was made or not.'" (citations omitted)).

11
Loadholt v. Stategreen
ga · 2010 · cited in 1 Georgia opinions naming this issue, 2011–2011
2 sentences

2011Accord Loadholt v. State, 286 Ga. 402, 404-405 , 687 S.E.2d 824 (2010) (discussing procedures in place at the time of Loadholt's 2000 trial); Crawford v. State, 254 Ga. 435 , 438 n. 4, 330 S.E.2d 567 (1985) ("Furthermore, we view the error as substantial and harmful as a matter of law so that it is subject to review by this court.

2011Accord Loadholt v. State, 286 Ga. 402, 404-405 , 687 S.E.2d 824 (2010) (discussing procedures in place at the time of Loadholt's 2000 trial); Crawford v. State, 254 Ga. 435 , 438 n. 4, 330 S.E.2d 567 (1985) ("Furthermore, we view the error as substantial and harmful as a matter of law so that it is subject to review by this court.

11
Davis v. Stategreen
gactapp · 1987 · cited in 1 Georgia opinions naming this issue, 2008–2008
2 sentences

2008“Failure to object to a jury charge in a criminal case constitutes a waiver except where, under OCGA § 5-5-24 (c), there has been a substantial error in the charge which was harmful as a matter of law, regardless of whether objection was made or not.” (Citations omitted.) Medina v. State, 234 Ga. App. 13, 15 (2) ( 505 SE2d 558 ) (1998); see also Davis v. State, 184 Ga. App. 415, 416 (2) ( 361 SE2d 547 ) (1987) (upon inquiry from trial court, defendant’s failure to object to *436 Allen charge constituted waiver).

2008“Failure to object to a jury charge in a criminal case constitutes a waiver except where, under OCGA § 5-5-24 (c), there has been a substantial error in the charge which was harmful as a matter of law, regardless of whether objection was made or not.” (Citations omitted.) Medina v. State, 234 Ga. App. 13, 15 (2) ( 505 SE2d 558 ) (1998); see also Davis v. State, 184 Ga. App. 415, 416 (2) ( 361 SE2d 547 ) (1987) (upon inquiry from trial court, defendant’s failure to object to *436 Allen charge constituted waiver).

11
Early v. Stategreen
gactapp · 1995 · cited in 1 Georgia opinions naming this issue, 1999–1999
2 sentences

1999Marshall made no objection to these jury charges at trial. “[A] failure to object [to a jury charge] in a criminal case constitutes a waiver unless there has been substantial error which is harmful as a matter of law.” Early v. State, 218 Ga. App. 869, 870 ( 463 SE2d 706 ) (1995).

1999Marshall made no objection to these jury charges at trial. “[A] failure to object [to a jury charge] in a criminal case constitutes a waiver unless there has been substantial error which is harmful as a matter of law.” Early v. State, 218 Ga. App. 869, 870 ( 463 SE2d 706 ) (1995).

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 (2)

CaseCitedYears
Maynard v. State green
gactapp · 1984
2 sentences

1991Failure to object to a jury charge in a criminal case constitutes a waiver except where, under OCGA § 5-5-24 (c), "`there has been a substantial error in the charge which was harmful as a matter of law, regardless of whether objection was made hereunder or not.' Maynard v. State, 171 Ga. App. 605 ( 320 SE2d 806 ) (1984)." Barnett v. State, 178 Ga. App. 685, 686 (1) ( 344 SE2d 665 ) (1986); see Crawford v. State, 254 Ga. 435, 438-439 (n. 4) ( 330 SE2d 567 ) (1985).

1991Failure to object to a jury charge in a criminal case constitutes a waiver except where, under OCGA § 5-5-24 (c), "`there has been a substantial error in the charge which was harmful as a matter of law, regardless of whether objection was made hereunder or not.' Maynard v. State, 171 Ga. App. 605 ( 320 SE2d 806 ) (1984)." Barnett v. State, 178 Ga. App. 685, 686 (1) ( 344 SE2d 665 ) (1986); see Crawford v. State, 254 Ga. 435, 438-439 (n. 4) ( 330 SE2d 567 ) (1985).

31991–1999
Renner v. State green
ga · 1990
2 sentences

1992In Renner v. State, 260 Ga. 515 ( 397 SE2d 683 ) (1990), the Supreme Court of Georgia ruled that giving a jury instruction on flight in a criminal case constitutes error.

1992In Renner v. State, 260 Ga. 515 ( 397 SE2d 683 ) (1990), the Supreme Court of Georgia ruled that giving a jury instruction on flight in a criminal case constitutes error.

11992–1992

Statutes the citing opinions construe

GA § 5-5-24 (8)

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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