prompt curative instruction (Georgia) · Go Syfert
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prompt curative instruction in Georgia

10 Georgia opinions name it 2 courts 1981–2024 3 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 (8)

CaseFollowedCited
KERDPOKA v. Stategreen
gactapp · 2012 · cited in 3 Georgia opinions naming this issue, 2012–2013
2 sentences

2013See Kerdpoka v. State, 314 Ga. App. 400 (2) ( 724 SE2d 419 ) (2012) (no abuse of discretion when court gave a prompt curative instruction after witness testified inadvertently that defendant had been arrested for a DUI charge that was unrelated to the charges against him); Browning v. State, 236 Ga. App. 893 (2) ( 513 SE2d 779 ) (1999) (same).

2013See Kerdpoka v. State, 314 Ga. App. 400 (2) ( 724 SE2d 419 ) (2012) (no abuse of discretion when court gave a prompt curative instruction after witness testified inadvertently that defendant had been arrested for a DUI charge that was unrelated to the charges against him); Browning v. State, 236 Ga. App. 893 (2) ( 513 SE2d 779 ) (1999) (same).

33
Lynn v. Stategreen
ga · 2020 · cited in 2 Georgia opinions naming this issue, 2022–2024
2 sentences

2024First, “the trial court’s prompt curative instruction negated any prejudice by telling the jury to disregard the reference, an instruction that we presume the jury followed.” Lynn v. State, 310 Ga. 608, 612 (3) (852 SE2d 843) (2020).

2024First, “the trial court’s prompt curative instruction negated any prejudice by telling the jury to disregard the reference, an instruction that we presume the jury followed.” Lynn v. State, 310 Ga. 608, 612 (3) (852 SE2d 843) (2020).

22
Bennett v. Quickgreen
gactapp · 2010 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023And such instructions help remedy the admission of improper character evidence even when—unlike the unspecified and vague allegations in this case—such evidence relates to prior convictions.21 Finally, any improper admission 20 Bennett v. Quick, 305 Ga. App. 415, 416 ( 699 SE2d 539 ) (2010); see Wilson v. Mallard Creek Holdings, 238 Ga. App. 746, 747 ( 519 SE2d 925 ) (1999) ( “It is not the function of appellate judges to engage in the insipid search for support of alleged error without citation to relevant parts of the record.” (punctuation omitted)).

2023And such instructions help remedy the admission of improper character evidence even when—unlike the unspecified and vague allegations in this case—such evidence relates to prior convictions.21 Finally, any improper admission 20 Bennett v. Quick, 305 Ga. App. 415, 416 ( 699 SE2d 539 ) (2010); see Wilson v. Mallard Creek Holdings, 238 Ga. App. 746, 747 ( 519 SE2d 925 ) (1999) ( “It is not the function of appellate judges to engage in the insipid search for support of alleged error without citation to relevant parts of the record.” (punctuation omitted)).

11
Wilson v. Mallard Creek Holdingsgreen
gactapp · 1999 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023And such instructions help remedy the admission of improper character evidence even when—unlike the unspecified and vague allegations in this case—such evidence relates to prior convictions.21 Finally, any improper admission 20 Bennett v. Quick, 305 Ga. App. 415, 416 ( 699 SE2d 539 ) (2010); see Wilson v. Mallard Creek Holdings, 238 Ga. App. 746, 747 ( 519 SE2d 925 ) (1999) ( “It is not the function of appellate judges to engage in the insipid search for support of alleged error without citation to relevant parts of the record.” (punctuation omitted)).

2023And such instructions help remedy the admission of improper character evidence even when—unlike the unspecified and vague allegations in this case—such evidence relates to prior convictions.21 Finally, any improper admission 20 Bennett v. Quick, 305 Ga. App. 415, 416 ( 699 SE2d 539 ) (2010); see Wilson v. Mallard Creek Holdings, 238 Ga. App. 746, 747 ( 519 SE2d 925 ) (1999) ( “It is not the function of appellate judges to engage in the insipid search for support of alleged error without citation to relevant parts of the record.” (punctuation omitted)).

11
Rosser v. Stategreen
ga · 2020 · cited in 1 Georgia opinions naming this issue, 2022–2022
1 sentence

2022Here, within the context of the examination of Detective Otts and the record as a whole, we cannot say that it is “clear that the trial court[’]s curative instruction failed to eliminate the effect of the prejudicial comment.” Rosser, 308 Ga. at 603.

11
Walker v. Stategreen
ga · 2019 · cited in 1 Georgia opinions naming this issue, 2020–2020
1 sentence

2020See Walker, 306 Ga. at 49 (4).

11
McPherson v. Stategreen
ga · 2001 · cited in 1 Georgia opinions naming this issue, 2006–2006
2 sentences

2006See McPherson v. State, 274 Ga. 444, 451 (11) ( 553 SE2d 569 ) (2001). 5.

2006See McPherson v. State, 274 Ga. 444, 451 (11) ( 553 SE2d 569 ) (2001). 5.

11
Jackson v. Stategreen
gactapp · 1980 · cited in 1 Georgia opinions naming this issue, 1981–1981
2 sentences

1981Accord, Jackson v. State, 156 Ga. App. 255 (2) ( 274 SE2d 665 ) (1980); Mathis v. State, 155 Ga. App. 655 (1) ( 272 SE2d 520 ) (1980).

1981Accord, Jackson v. State, 156 Ga. App. 255 (2) ( 274 SE2d 665 ) (1980); Mathis v. State, 155 Ga. App. 655 (1) ( 272 SE2d 520 ) (1980).

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
Browning v. State green
gactapp · 1999
2 sentences

2013See Kerdpoka v. State, 314 Ga. App. 400 (2) ( 724 SE2d 419 ) (2012) (no abuse of discretion when court gave a prompt curative instruction after witness testified inadvertently that defendant had been arrested for a DUI charge that was unrelated to the charges against him); Browning v. State, 236 Ga. App. 893 (2) ( 513 SE2d 779 ) (1999) (same).

2013See Kerdpoka v. State, 314 Ga. App. 400 (2) ( 724 SE2d 419 ) (2012) (no abuse of discretion when court gave a prompt curative instruction after witness testified inadvertently that defendant had been arrested for a DUI charge that was unrelated to the charges against him); Browning v. State, 236 Ga. App. 893 (2) ( 513 SE2d 779 ) (1999) (same).

22012–2013
Mathis v. State green
gactapp · 1980
2 sentences

1981Accord, Jackson v. State, 156 Ga. App. 255 (2) ( 274 SE2d 665 ) (1980); Mathis v. State, 155 Ga. App. 655 (1) ( 272 SE2d 520 ) (1980).

1981Accord, Jackson v. State, 156 Ga. App. 255 (2) ( 274 SE2d 665 ) (1980); Mathis v. State, 155 Ga. App. 655 (1) ( 272 SE2d 520 ) (1980).

11981–1981

Statutes the citing opinions construe

GA § 16-3-21 (3)

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.

Where else courts name it

NY 103 (1985–2026) TN 11 (1985–2014) PA 11 (1979–2024) GA 10 (1981–2024) AL 9 (1984–2007) CT 6 (1986–2025) NJ 5 (2009–2025) MA 5 (2007–2025) HI 4 (2019–2025) DE 4 (1994–2023) DC 3 (2015–2016) TX 3 (2002–2018) VT 3 (1985–2005) NC 2 (1978–2015) NM 2 (2017–2025) RI 2 (2003–2009) IL 2 (2001–2001) MI 2 (2021–2021)

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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