Stephens motion (Georgia) · Go Syfert
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Stephens motion in Georgia

10 Georgia opinions name it 2 courts 1915–2020 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.

Followed or applied (7)

CaseFollowedCited
Cox v. Stategreen
gactapp · 2008 · cited in 2 Georgia opinions naming this issue, 2018–2018
2 sentences

2018See id. (harm as well as error must be shown to authorize a reversal by this Court). 2.

2018See id. (harm as well as error must be shown to authorize a reversal by this Court). 2.

22
Menefee v. Stategreen
ga · 2017 · cited in 1 Georgia opinions naming this issue, 2020–2020
2 sentences

2020Though a prosecutor may not express his or her personal belief as to whether a witness is credible, the prosecutor is permitted to “argue reasonable inferences from the evidence, including any that address the credibility of witnesses.” (Citation omitted.) Menefee v. State, 301 Ga. 505, 511 (4) (a) ( 801 SE2d 782 ) (2017) (prosecutor’s argument that witness was credible was permissible argument based on evidence but not personal belief).

2020Though a prosecutor may not express his or her personal belief as to whether a witness is credible, the prosecutor is permitted to “argue reasonable inferences from the evidence, including any that address the credibility of witnesses.” (Citation omitted.) Menefee v. State, 301 Ga. 505, 511 (4) (a) ( 801 SE2d 782 ) (2017) (prosecutor’s argument that witness was credible was permissible argument based on evidence but not personal belief).

11
Anderson v. Cobbgreen
gactapp · 2002 · cited in 1 Georgia opinions naming this issue, 2015–2015
2 sentences

2015To successfully prosecute a tort claim for malicious prosecution, “a plaintiff must show that the defendant acted both without probable cause and maliciously[.]” (Citations omitted.) Anderson v. Cobb, 258 Ga. App. 159, 160 (2) ( 573 SE2d 417 ) (2002).

2015To successfully prosecute a tort claim for malicious prosecution, “a plaintiff must show that the defendant acted both without probable cause and maliciously[.]” (Citations omitted.) Anderson v. Cobb, 258 Ga. App. 159, 160 (2) ( 573 SE2d 417 ) (2002).

11
Lawson v. Athens Auto Supply & Electric, Inc.green
gactapp · 1991 · cited in 1 Georgia opinions naming this issue, 2010–2010
2 sentences

2010The orders in question, however, were not final because the case remained pending against Mock Construction, and the trial court did not expressly determine that there was no just reason for delay and designate the orders as final judgments pursuant to OCGA § 9-11-54 (b). 2 See Lawson v. Athens Auto Supply & Elec., 200 Ga. App. 609, 611 (1) ( 409 SE2d 60 ) *284 (1991); Chadwick v. Miller, 165 Ga. App. 20, 21-22 ( 299 SE2d 93 ) (1983).

2010The orders in question, however, were not final because the case remained pending against Mock Construction, and the trial court did not expressly determine that there was no just reason for delay and designate the orders as final judgments pursuant to OCGA § 9-11-54 (b). 2 See Lawson v. Athens Auto Supply & Elec., 200 Ga. App. 609, 611 (1) ( 409 SE2d 60 ) *284 (1991); Chadwick v. Miller, 165 Ga. App. 20, 21-22 ( 299 SE2d 93 ) (1983).

11
Beck v. Stategreen
gactapp · 2008 · cited in 1 Georgia opinions naming this issue, 2010–2010
1 sentence

2010“It is axiomatic that this Court will not consider matters argued for the first time on appeal and not raised and ruled upon in the trial court.” Batesville Casket Co. v. Watkins Mortuary, 293 Ga. App. 854, 855 (1) ( 668 SE2d 476 ) (2008).

11
Chadwick v. Millergreen
gactapp · 1983 · cited in 1 Georgia opinions naming this issue, 2010–2010
2 sentences

2010The orders in question, however, were not final because the case remained pending against Mock Construction, and the trial court did not expressly determine that there was no just reason for delay and designate the orders as final judgments pursuant to OCGA § 9-11-54 (b). 2 See Lawson v. Athens Auto Supply & Elec., 200 Ga. App. 609, 611 (1) ( 409 SE2d 60 ) *284 (1991); Chadwick v. Miller, 165 Ga. App. 20, 21-22 ( 299 SE2d 93 ) (1983).

2010The orders in question, however, were not final because the case remained pending against Mock Construction, and the trial court did not expressly determine that there was no just reason for delay and designate the orders as final judgments pursuant to OCGA § 9-11-54 (b). 2 See Lawson v. Athens Auto Supply & Elec., 200 Ga. App. 609, 611 (1) ( 409 SE2d 60 ) *284 (1991); Chadwick v. Miller, 165 Ga. App. 20, 21-22 ( 299 SE2d 93 ) (1983).

11
Manues v. Stategreen
gactapp · 1998 · cited in 1 Georgia opinions naming this issue, 1998–1998
2 sentences

1998See generally Manues v. State, 232 Ga. App. 454 ( 501 SE2d 826 ) (1998).

1998See generally Manues v. State, 232 Ga. App. 454 ( 501 SE2d 826 ) (1998).

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 (5)

CaseCitedYears
Balkcom v. State green
gactapp · 1997
2 sentences

2013See OCGA § 5-5-41 (b); Balkcom v. State, 227 Ga. App. 327 ( 489 SE2d 129 ) (1997).

2013See OCGA § 5-5-41 (b); Balkcom v. State, 227 Ga. App. 327 ( 489 SE2d 129 ) (1997).

12013–2013
Batesville Casket Co. v. Watkins Mortuary, Inc. neutral
gactapp · 2008
1 sentence

2010“It is axiomatic that this Court will not consider matters argued for the first time on appeal and not raised and ruled upon in the trial court.” Batesville Casket Co. v. Watkins Mortuary, 293 Ga. App. 854, 855 (1) ( 668 SE2d 476 ) (2008).

12010–2010
Vernal Forbus Earl J. Beacham Rudolph Caddell Frank R. Davis Vernie Rhodes, Jr. v. Sears Roebuck & Company green
ca11 · 1994
1 sentence

2000In Forbus v. Sears Roebuck & Co., 30 F3d 1402 (1994), which is more nearly on point, plaintiffs alleged that they were fraudulently induced to “retire” and accept an employee benefit package.

12000–2000
Pitts v. Glass green
ga · 1974
2 sentences

1980The habeas corpus court properly found that Stephens received effective assistance of counsel under the authority of Pitts v. Glass, 231 Ga. 638 ( 203 SE2d 515 ) (1974).

1980The habeas corpus court properly found that Stephens received effective assistance of counsel under the authority of Pitts v. Glass, 231 Ga. 638 ( 203 SE2d 515 ) (1974).

11980–1980
Stewart & Co. v. Stephens neutral
· 1910
2 sentences

1915The decision in Stewart v. Stephens, 7 Ga. App. 453 ( 67 S. E. 199 ), relied upon in the brief of counsel for the plaintiff in error, is not in conflict with the ruling here made, for in that case, when the creditor, Stephens, drew his draft on the debtor for a less amount than he 'claimed was due him, and the debtor honored the draft and Stephens received the money, there was nothing said by the debtor about its being a payment in full satisfaction of Stephens’ claim; and it was expressly ruled that, because of such omission, there was no valid accord and satisfaction.

1915The decision in Stewart v. Stephens, 7 Ga. App. 453 ( 67 S. E. 199 ), relied upon in the brief of counsel for the plaintiff in error, is not in conflict with the ruling here made, for in that case, when the creditor, Stephens, drew his draft on the debtor for a less amount than he 'claimed was due him, and the debtor honored the draft and Stephens received the money, there was nothing said by the debtor about its being a payment in full satisfaction of Stephens’ claim; and it was expressly ruled that, because of such omission, there was no valid accord and satisfaction.

11915–1915

Where else courts name it

GA 10 (1915–2020) NY 5 (1983–2013) MI 4 (1983–2014) FL 3 (1998–2012) KY 3 (1970–2024) DE 2 (2018–2019) IN 2 (2016–2020) AL 2 (1928–2012) AK 2 (1996–1996) MO 2 (2003–2014) TX 2 (2007–2007) IL 2 (2022–2025) WV 2 (2006–2015)

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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