10 Georgia opinions name it 2 courts 1988–2020 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 |
|---|---|---|
Gardner v. Stategreen2 sentences2014“A trial court’s discretion in granting or refusing to grant a mistrial should not be disturbed unless a mistrial is essential to the preservation of the right to a fair trial.” Gardner v. State, 273 Ga. 809, 812-813 (5) ( 546 SE2d 490 ) (2001). 2014“A trial court’s discretion in granting or refusing to grant a mistrial should not be disturbed unless a mistrial is essential to the preservation of the right to a fair trial.” Gardner v. State, 273 Ga. 809, 812-813 (5) ( 546 SE2d 490 ) (2001). | 2 | 2 |
Davis v. Stategreen2 sentences2020The court declined to strike their testimony, but agreed to give the jury a curative instruction.2 OCGA § 24-6-615 provides that at the request of a party or on the court’s own motion, the court “shall order witnesses excluded so that each witness cannot hear the testimony of other witnesses.” “[T]he purpose of the sequestration rule is to prevent the shaping of testimony by one witness to match that of another, and to discourage fabrication and collusion.” Davis v. State, 299 Ga. 180, 185 (2) (a) (2) ( 787 SE2d 221 ) (2016). 2020The court declined to strike their testimony, but agreed to give the jury a curative instruction.2 OCGA § 24-6-615 provides that at the request of a party or on the court’s own motion, the court “shall order witnesses excluded so that each witness cannot hear the testimony of other witnesses.” “[T]he purpose of the sequestration rule is to prevent the shaping of testimony by one witness to match that of another, and to discourage fabrication and collusion.” Davis v. State, 299 Ga. 180, 185 (2) (a) (2) ( 787 SE2d 221 ) (2016). | 1 | 1 |
Davis v. Stategreen2 sentences2012“The grant or denial of a motion for a mistrial lies within the sound discretion of the trial court, which will not be disturbed on appeal unless it was manifestly abused. [Cit.]” Davis v. State, 285 Ga. 343, 345 (4) ( 676 SE2d 215 ) (2009). 2012“The grant or denial of a motion for a mistrial lies within the sound discretion of the trial court, which will not be disturbed on appeal unless it was manifestly abused. [Cit.]” Davis v. State, 285 Ga. 343, 345 (4) ( 676 SE2d 215 ) (2009). | 1 | 1 |
Mitchell v. Stategreen2 sentences2005Mitchell v. State, 275 Ga. 42, 44 (3), 561 S.E.2d 803 (2002). 2005Mitchell v. State, 275 Ga. 42, 44 (3), 561 S.E.2d 803 (2002). | 1 | 1 |
Newton v. Stategreen2 sentences2004As a result, “not every comment directed toward a defendant’s silence will result in an automatic reversal.” (Citation and punctuation omitted.) Newton v. State, 226 Ga. App. 501, 502 (1) ( 486 SE2d 715 ) (1997). 2004As a result, “not every comment directed toward a defendant’s silence will result in an automatic reversal.” (Citation and punctuation omitted.) Newton v. State, 226 Ga. App. 501, 502 (1) ( 486 SE2d 715 ) (1997). | 1 | 1 |
Mitchell v. Stategreen2 sentences2004The trial court denied the motion for a mistrial and gave the jury a curative instruction. “[I]n order to warrant reversal of a conviction, the evidence of defendant’s choice to remain silent must point directly at the substance of defendant’s defense or otherwise substantially prejudice defendant in the eyes of the jury.” (Citation omitted.) Mitchell v. State, 223 Ga. App. 319, 321 (6) ( 477 SE2d 612 ) (1996). 2004The trial court denied the motion for a mistrial and gave the jury a curative instruction. “[I]n order to warrant reversal of a conviction, the evidence of defendant’s choice to remain silent must point directly at the substance of defendant’s defense or otherwise substantially prejudice defendant in the eyes of the jury.” (Citation omitted.) Mitchell v. State, 223 Ga. App. 319, 321 (6) ( 477 SE2d 612 ) (1996). | 1 | 1 |
Johns v. Stategreen2 sentences2003Johns v. State, 274 Ga. 23, 25 (3) ( 549 SE2d 68 ) (2001). 2003Johns v. State, 274 Ga. 23, 25 (3) ( 549 SE2d 68 ) (2001). | 1 | 1 |
Bogan v. Stategreen2 sentences1997Even if it were, “the trial court’s election to give the jury a curative instruction will not be disturbed on appeal absent an abuse of discretion, which will not arise if the curative instruction given can serve to prevent any prejudicial impact. [Cit.]” Bogan v. State, 206 Ga. App. 696, 700-701 (6) ( 426 SE2d 392 ) (1992). 1997Even if it were, “the trial court’s election to give the jury a curative instruction will not be disturbed on appeal absent an abuse of discretion, which will not arise if the curative instruction given can serve to prevent any prejudicial impact. [Cit.]” Bogan v. State, 206 Ga. App. 696, 700-701 (6) ( 426 SE2d 392 ) (1992). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
DeSouza v. State
green
2 sentences2015Second, she argues that giving the jury a curative instruction would 2 The prosecutor and the trial court appear to have understood DeSouza v. State, 285 Ga. App. 201 ( 645 SE2d 684 ) (2007), to hold that where a defendant appeals the denial of a plea in bar and the trial court finds the plea to be frivolous, the trial may proceed, but the defendant may not be sentenced until the plea in bar appeal has been decided and the remittitur from that appeal is filed in the trial court. 2015Second, she argues that giving the jury a curative instruction would 2 The prosecutor and the trial court appear to have understood DeSouza v. State, 285 Ga. App. 201 ( 645 SE2d 684 ) (2007), to hold that where a defendant appeals the denial of a plea in bar and the trial court finds the plea to be frivolous, the trial may proceed, but the defendant may not be sentenced until the plea in bar appeal has been decided and the remittitur from that appeal is filed in the trial court. | 1 | 2015–2015 |
Crawford v. State
green
2 sentences1988Crawford v. State, 256 Ga. 585 (2) ( 351 SE2d 199 ). 1988Crawford v. State, 256 Ga. 585 (2) ( 351 SE2d 199 ). | 1 | 1988–1988 |
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.