Hudson motion in Georgia

10 Georgia opinions name it 2 courts 1979–2018 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 (13)

Case	Followed	Cited
CRISTER v. McFaddengreen ga · 2004 · cited in 1 Georgia opinions naming this issue, 2009–2009 2 sentences 2009“A jury charge should correctly state the law applicable to the issues in the case. [Cit.]” Critser v. McFadden, 277 Ga. 653, 654 ( 593 SE2d 330 ) (2004). 2009“A jury charge should correctly state the law applicable to the issues in the case. [Cit.]” Critser v. McFadden, 277 Ga. 653, 654 ( 593 SE2d 330 ) (2004).	1	1
Martin v. Stategreen ga · 1997 · cited in 1 Georgia opinions naming this issue, 2008–2008 2 sentences 2008See, e.g., Martin v. State, 268 Ga. 682 (2) ( 492 SE2d 225 ) (1997). 3. 2008See, e.g., Martin v. State, 268 Ga. 682 (2) ( 492 SE2d 225 ) (1997). 3.	1	1
Sweet v. Stategreen ga · 2004 · cited in 1 Georgia opinions naming this issue, 2008–2008 2 sentences 2008See Sweet v. State, 278 Ga. 320 (3) ( 602 SE2d 603 ) (2004) (no ineffective assistance shown where trial counsel failed to call witness at trial that gave unhelpful testimony at motion for new trial hearing). 2008See Sweet v. State, 278 Ga. 320 (3) ( 602 SE2d 603 ) (2004) (no ineffective assistance shown where trial counsel failed to call witness at trial that gave unhelpful testimony at motion for new trial hearing).	1	1
Freeman v. Stategreen ga · 2004 · cited in 1 Georgia opinions naming this issue, 2008–2008 2 sentences 2008See Freeman v. State, 278 Ga. 349 (2) (a) ( 603 SE2d 214 ) (2004). 599 Because evidence supports the conclusion that trial counsel was not ineffective, Hudson’s claim to the contrary is without merit. 2008See Freeman v. State, 278 Ga. 349 (2) (a) ( 603 SE2d 214 ) (2004). 599 Because evidence supports the conclusion that trial counsel was not ineffective, Hudson’s claim to the contrary is without merit.	1	1
Robinson v. Stategreen ga · 2003 · cited in 1 Georgia opinions naming this issue, 2008–2008 2 sentences 2008In reviewing the trial court’s decision, “ ‘[w]e accept the trial court’s factual findings and credibil 598 ity determinations unless clearly erroneous, but we independently apply the legal principles to the facts.’ [Cit.]” Robinson v. State, 277 Ga. 75, 76 ( 586 SE2d 313 ) (2003). (a) Hudson argues that trial counsel was ineffective because she did not timely locate two potential witnesses, Alton Turner and Gail Garnigan, each of whom would have testified regarding Hudson’s husband’s general reputation for violence in support of Hudson’s claim of self-defense. 2008In reviewing the trial court’s decision, “ ‘[w]e accept the trial court’s factual findings and credibil 598 ity determinations unless clearly erroneous, but we independently apply the legal principles to the facts.’ [Cit.]” Robinson v. State, 277 Ga. 75, 76 ( 586 SE2d 313 ) (2003). (a) Hudson argues that trial counsel was ineffective because she did not timely locate two potential witnesses, Alton Turner and Gail Garnigan, each of whom would have testified regarding Hudson’s husband’s general reputation for violence in support of Hudson’s claim of self-defense.	1	1
Harris v. Stategreen ga · 1989 · cited in 1 Georgia opinions naming this issue, 2000–2000 2 sentences 2000See Harris v. State, 259 Ga. 511, 512 (1), 384 S.E.2d 647 (1989). 2000See Harris v. State, 259 Ga. 511, 512 (1), 384 S.E.2d 647 (1989).	1	1
Hooper v. Harrisgreen gactapp · 1999 · cited in 1 Georgia opinions naming this issue, 2000–2000 2 sentences 2000Plaintiff’s counsel conceded that Hudson’s motion for dismissal on this ground was correct. 5 Restatement 2d (1958), Agency, § 217 (b) (ii), comment (b). 6 Gilbert v. Richardson, 264 Ga. 744, 754 (7) ( 452 SE2d 476 ) (1994). 7 See Hooper v. Harris, 236 Ga. App. 651, 652 (1) ( 512 SE2d 312 ) (1999). 8 OCGA § 9-11-52 (a). 9 Cooper v. Rosser, 232 Ga. 597 (1) ( 207 SE2d 513 ) (1974). 10 Kingston Dev. 2000Plaintiff’s counsel conceded that Hudson’s motion for dismissal on this ground was correct. 5 Restatement 2d (1958), Agency, § 217 (b) (ii), comment (b). 6 Gilbert v. Richardson, 264 Ga. 744, 754 (7) ( 452 SE2d 476 ) (1994). 7 See Hooper v. Harris, 236 Ga. App. 651, 652 (1) ( 512 SE2d 312 ) (1999). 8 OCGA § 9-11-52 (a). 9 Cooper v. Rosser, 232 Ga. 597 (1) ( 207 SE2d 513 ) (1974). 10 Kingston Dev.	1	1
Gilbert v. Richardsongreen ga · 1994 · cited in 1 Georgia opinions naming this issue, 2000–2000 2 sentences 2000Plaintiff’s counsel conceded that Hudson’s motion for dismissal on this ground was correct. 5 Restatement 2d (1958), Agency, § 217 (b) (ii), comment (b). 6 Gilbert v. Richardson, 264 Ga. 744, 754 (7) ( 452 SE2d 476 ) (1994). 7 See Hooper v. Harris, 236 Ga. App. 651, 652 (1) ( 512 SE2d 312 ) (1999). 8 OCGA § 9-11-52 (a). 9 Cooper v. Rosser, 232 Ga. 597 (1) ( 207 SE2d 513 ) (1974). 10 Kingston Dev. 2000Plaintiff’s counsel conceded that Hudson’s motion for dismissal on this ground was correct. 5 Restatement 2d (1958), Agency, § 217 (b) (ii), comment (b). 6 Gilbert v. Richardson, 264 Ga. 744, 754 (7) ( 452 SE2d 476 ) (1994). 7 See Hooper v. Harris, 236 Ga. App. 651, 652 (1) ( 512 SE2d 312 ) (1999). 8 OCGA § 9-11-52 (a). 9 Cooper v. Rosser, 232 Ga. 597 (1) ( 207 SE2d 513 ) (1974). 10 Kingston Dev.	1	1
Kingston Development Co. v. Kenerlygreen gactapp · 1974 · cited in 1 Georgia opinions naming this issue, 2000–2000 2 sentences 2000Co. v. Kenerly, 132 Ga. App. 346, 348-349 (1) ( 208 SE2d 118 ) (1974), applying L. 2000Co. v. Kenerly, 132 Ga. App. 346, 348-349 (1) ( 208 SE2d 118 ) (1974), applying L.	1	1
Valley Coaches, Inc. v. Streettgreen gactapp · 1981 · cited in 1 Georgia opinions naming this issue, 1994–1994 2 sentences 1994See Valley Coaches v. Streett, 160 Ga. App. 25 ( 286 SE2d 313 ) (1981). 1994See Valley Coaches v. Streett, 160 Ga. App. 25 ( 286 SE2d 313 ) (1981).	1	1
Reeb v. Daniels Lincoln-Mercury Co.green gactapp · 1989 · cited in 1 Georgia opinions naming this issue, 1994–1994 2 sentences 1994“If there is any evidence creating a material issue of fact, a motion for a directed verdict cannot be granted.” (Citations and punctuation omitted.) Reeb v. Daniels Lincoln-Mercury Co., 193 Ga. App. 817, 819 (1) (a) ( 389 SE2d 367 ) (1989); OCGA § 9-11-50 (a). 1994“If there is any evidence creating a material issue of fact, a motion for a directed verdict cannot be granted.” (Citations and punctuation omitted.) Reeb v. Daniels Lincoln-Mercury Co., 193 Ga. App. 817, 819 (1) (a) ( 389 SE2d 367 ) (1989); OCGA § 9-11-50 (a).	1	1
Woods v. Delta Air Lines, Inc.green ga · 1976 · cited in 1 Georgia opinions naming this issue, 1979–1979 2 sentences 1979The threshold question is whether Hudson’s claim is barred by the doctrine of res judicata, as asserted by Mrs. Hood. "[Wjhile res judicata applies only as between the same parties and upon the same cause of action to matters which were actually in issue or which under the rules of law could have been put in issue, estoppel by judgment applies as between the same parties upon any cause of action to matters which were directly decided in the former suit.” Brown v. Brown, 212 Ga. 202, 204 ( 91 SE2d 495 ) (1956); Woods v. Delta Air Lines, 237 Ga. 332, 333 ( 227 SE2d 376 ) (1976); Code §§ 110-501, 1979The threshold question is whether Hudson’s claim is barred by the doctrine of res judicata, as asserted by Mrs. Hood. "[Wjhile res judicata applies only as between the same parties and upon the same cause of action to matters which were actually in issue or which under the rules of law could have been put in issue, estoppel by judgment applies as between the same parties upon any cause of action to matters which were directly decided in the former suit.” Brown v. Brown, 212 Ga. 202, 204 ( 91 SE2d 495 ) (1956); Woods v. Delta Air Lines, 237 Ga. 332, 333 ( 227 SE2d 376 ) (1976); Code §§ 110-501,	1	1
Brown v. Browngreen ga · 1956 · cited in 1 Georgia opinions naming this issue, 1979–1979 2 sentences 1979The threshold question is whether Hudson’s claim is barred by the doctrine of res judicata, as asserted by Mrs. Hood. "[Wjhile res judicata applies only as between the same parties and upon the same cause of action to matters which were actually in issue or which under the rules of law could have been put in issue, estoppel by judgment applies as between the same parties upon any cause of action to matters which were directly decided in the former suit.” Brown v. Brown, 212 Ga. 202, 204 ( 91 SE2d 495 ) (1956); Woods v. Delta Air Lines, 237 Ga. 332, 333 ( 227 SE2d 376 ) (1976); Code §§ 110-501, 1979The threshold question is whether Hudson’s claim is barred by the doctrine of res judicata, as asserted by Mrs. Hood. "[Wjhile res judicata applies only as between the same parties and upon the same cause of action to matters which were actually in issue or which under the rules of law could have been put in issue, estoppel by judgment applies as between the same parties upon any cause of action to matters which were directly decided in the former suit.” Brown v. Brown, 212 Ga. 202, 204 ( 91 SE2d 495 ) (1956); Woods v. Delta Air Lines, 237 Ga. 332, 333 ( 227 SE2d 376 ) (1976); Code §§ 110-501,	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (6)

Case	Cited	Years
State v. T. M. H. green gactapp · 2016 1 sentence 2018Indeed, there is no transcript of the status conference at which this issue was considered, 1 and the State failed to raise this issue in either of its two briefs opposing Hudson's motion for resentencing. 2 While the Court of Appeals addressed this argument in passing, State v. T.M.H. , 339 Ga. App 628 , 634, n. 13, 794 S.E.2d 201 (2016), this Court did not grant certiorari on that holding nor does the State challenge this holding in its appellate brief; in fact, this Court has received zero briefing on the issue.	1	2018–2018
Williams v. State green gactapp · 2015 2 sentences 2015Williams v. State, 331 Ga. App. 46 (1) ( 769 SE2d 760 ) (2015). 2015Williams v. State, 331 Ga. App. 46 (1) ( 769 SE2d 760 ) (2015).	1	2015–2015
Hudson v. United States green scotus · 1997 2 sentences 2009Thus, "[e]ven in those cases where the legislature `has indicated an intention to establish a civil penalty, we have inquired further whether the statutory scheme was so punitive either in purpose or effect,' [cit.], as to `transfor(m) what was clearly intended as a civil remedy into a criminal penalty.' [Cit.]" Hudson, supra. In order to determine whether the in personam RICO forfeiture proceeding is civil, as OCGA § 16-14-7(a) states, or criminal in nature, we utilize the factors set forth in Hudson v. United States, supra, 522 U.S. at 99-100 , 118 S.Ct. 488 . [4] We need not address all sev 2009Thus, "[e]ven in those cases where the legislature `has indicated an intention to establish a civil penalty, we have inquired further whether the statutory scheme was so punitive either in purpose or effect,' [cit.], as to `transfor(m) what was clearly intended as a civil remedy into a criminal penalty.' [Cit.]" Hudson, supra. In order to determine whether the in personam RICO forfeiture proceeding is civil, as OCGA § 16-14-7(a) states, or criminal in nature, we utilize the factors set forth in Hudson v. United States, supra, 522 U.S. at 99-100 , 118 S.Ct. 488 . [4] We need not address all sev	1	2009–2009
Gilley v. Hudson green gactapp · 2007 1 sentence 2009It is not substantively different from the evidence we considered before on summary judgment in Gilley v. Hudson, 283 Ga. App. at 880 , in which we held that a jury question *310 existed “as to whether Dr. Hudson provided Gilley with emergency care upon circumstances requiring immediate action.” The trial court properly charged the jury regarding the defense, and did not err in denying Hudson’s motion for a directed verdict or post-trial motions on his Good Samaritan defense.	1	2009–2009
Cooper v. Rosser green ga · 1974 2 sentences 2000Plaintiff’s counsel conceded that Hudson’s motion for dismissal on this ground was correct. 5 Restatement 2d (1958), Agency, § 217 (b) (ii), comment (b). 6 Gilbert v. Richardson, 264 Ga. 744, 754 (7) ( 452 SE2d 476 ) (1994). 7 See Hooper v. Harris, 236 Ga. App. 651, 652 (1) ( 512 SE2d 312 ) (1999). 8 OCGA § 9-11-52 (a). 9 Cooper v. Rosser, 232 Ga. 597 (1) ( 207 SE2d 513 ) (1974). 10 Kingston Dev. 2000Plaintiff’s counsel conceded that Hudson’s motion for dismissal on this ground was correct. 5 Restatement 2d (1958), Agency, § 217 (b) (ii), comment (b). 6 Gilbert v. Richardson, 264 Ga. 744, 754 (7) ( 452 SE2d 476 ) (1994). 7 See Hooper v. Harris, 236 Ga. App. 651, 652 (1) ( 512 SE2d 312 ) (1999). 8 OCGA § 9-11-52 (a). 9 Cooper v. Rosser, 232 Ga. 597 (1) ( 207 SE2d 513 ) (1974). 10 Kingston Dev.	1	2000–2000
White v. State neutral gactapp · 1979 2 sentences 1980White v. State, 151 Ga. App. 559 ( 260 SE2d 554 ) (1979). 2. 1980White v. State, 151 Ga. App. 559 ( 260 SE2d 554 ) (1979). 2.	1	1980–1980

Where else courts name it

TX 38 (1998–2022) CA 29 (1984–2023) NY 23 (1928–2026) OH 22 (1996–2021) FL 13 (1983–2017) IL 12 (1983–2025) GA 10 (1979–2018) MO 9 (1986–2021) NJ 8 (1986–2021) MI 8 (1997–2025) MA 7 (1999–2021) WA 6 (1998–2005) IA 5 (1984–2025) AL 5 (1966–2023) ID 4 (2012–2026) MD 4 (1997–2015) RI 4 (1985–2007) AK 4 (2003–2016) NC 3 (1992–2013) DE 3 (1995–2020) PA 3 (1980–2017) KS 3 (2008–2020) MN 3 (1989–2011) DC 2 (1984–2010) NE 2 (2003–2005) TN 2 (1996–2016) IN 2 (1993–2016) AR 2 (1994–2017) ME 2 (2016–2018) NV 2 (1998–2000) WV 2 (1996–2021) AZ 2 (2005–2006) LA 2 (1992–2004)

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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