mistrial error in Georgia

73 Georgia opinions name it 2 courts 1928–2024 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 (49)

Case	Followed	Cited
Osteen v. Stategreen gactapp · 1951 · cited in 10 Georgia opinions naming this issue, 1955–1991 2 sentences 1991Osteen v. State, 83 Ga. App. 378, 381 ( 63 SE2d 692 ).” Waters v. State, 168 Ga. App. 918, 920 ( 310 SE2d 774 ). 1991Osteen v. State, 83 Ga. App. 378, 381 ( 63 SE2d 692 ).” Waters v. State, 168 Ga. App. 918, 920 ( 310 SE2d 774 ).	10	10
Bradham v. Stategreen gactapp · 1978 · cited in 6 Georgia opinions naming this issue, 1980–1997 2 sentences 1997Where a motion for mistrial is made on the ground of inadmissible matters being placed before the jury, the corrective measure to be taken by the trial court also is largely a matter of discretion, and where proper corrective measures are taken and there is no abuse of that discretion, the refusal to grant a mistrial is not error.’ Bradham v. State, 148 Ga. App. 89, 94-95 ( 250 SE2d 801 ).” Grayson v. State, 159 Ga. App. 138, 139 (1) ( 282 SE2d 755 ). 1997Where a motion for mistrial is made on the ground of inadmissible matters being placed before the jury, the corrective measure to be taken by the trial court also is largely a matter of discretion, and where proper corrective measures are taken and there is no abuse of that discretion, the refusal to grant a mistrial is not error.’ Bradham v. State, 148 Ga. App. 89, 94-95 ( 250 SE2d 801 ).” Grayson v. State, 159 Ga. App. 138, 139 (1) ( 282 SE2d 755 ).	5	6
Jones v. Stategreen gactapp · 1976 · cited in 4 Georgia opinions naming this issue, 1977–1983 2 sentences 1983“Where a motion for mistrial is made on the ground of inadmissible evidence illegally placed before the jury, the corrective measure to be taken by the trial court is largely a matter of discretion, and where proper corrective measures are taken and there is no abuse of that discretion, the refusal to grant a mistrial is not error. [Cits.] ” Jones v. State, 139 Ga. App. 643, 644 ( 229 SE2d 121 ). 1983“Where a motion for mistrial is made on the ground of inadmissible evidence illegally placed before the jury, the corrective measure to be taken by the trial court is largely a matter of discretion, and where proper corrective measures are taken and there is no abuse of that discretion, the refusal to grant a mistrial is not error. [Cits.] ” Jones v. State, 139 Ga. App. 643, 644 ( 229 SE2d 121 ).	4	4
Grayson v. Stategreen gactapp · 1981 · cited in 3 Georgia opinions naming this issue, 1984–1997 2 sentences 1997Where a motion for mistrial is made on the ground of inadmissible matters being placed before the jury, the corrective measure to be taken by the trial court also is largely a matter of discretion, and where proper corrective measures are taken and there is no abuse of that discretion, the refusal to grant a mistrial is not error.’ Bradham v. State, 148 Ga. App. 89, 94-95 ( 250 SE2d 801 ).” Grayson v. State, 159 Ga. App. 138, 139 (1) ( 282 SE2d 755 ). 1997Where a motion for mistrial is made on the ground of inadmissible matters being placed before the jury, the corrective measure to be taken by the trial court also is largely a matter of discretion, and where proper corrective measures are taken and there is no abuse of that discretion, the refusal to grant a mistrial is not error.’ Bradham v. State, 148 Ga. App. 89, 94-95 ( 250 SE2d 801 ).” Grayson v. State, 159 Ga. App. 138, 139 (1) ( 282 SE2d 755 ).	3	3
Ross v. Haglergreen gactapp · 1993 · cited in 2 Georgia opinions naming this issue, 1994–2020 2 sentences 2020“Where a motion for a mistrial is made on the ground of inadmissible evidence illegally placed before the jury, the corrective measure to be taken by the trial court is largely a matter of discretion, and where 13 proper corrective measures are taken and there is no abuse of discretion, the refusal of the trial court to grant a mistrial is not error.” Ross v. Hagler, 209 Ga. App. 201, 203 (1) ( 433 SE2d 124 ) (1993) (citation and punctuation omitted); see also King, 145 Ga. App. at 843 (3) (trial court acted within its discretion in denying mistrial, where it promptly instructed the jury to di 2020“Where a motion for a mistrial is made on the ground of inadmissible evidence illegally placed before the jury, the corrective measure to be taken by the trial court is largely a matter of discretion, and where 13 proper corrective measures are taken and there is no abuse of discretion, the refusal of the trial court to grant a mistrial is not error.” Ross v. Hagler, 209 Ga. App. 201, 203 (1) ( 433 SE2d 124 ) (1993) (citation and punctuation omitted); see also King, 145 Ga. App. at 843 (3) (trial court acted within its discretion in denying mistrial, where it promptly instructed the jury to di	2	2
Samples v. Stategreen gactapp · 1997 · cited in 2 Georgia opinions naming this issue, 1998–2004 2 sentences 2004When “a motion for mistrial is made on the ground of inadmissible matters being presented to the jury, the corrective measure to be taken by the trial court is largely a matter of discretion, and where, as here, proper corrective measures are taken and there is no abuse of that discretion, a refusal to grant a mistrial is not error.” (Citations and punctuation omitted.) Samples v. State, 227 Ga. App. 596, 597 (1) ( 490 SE2d 172 ) (1997). 2004When “a motion for mistrial is made on the ground of inadmissible matters being presented to the jury, the corrective measure to be taken by the trial court is largely a matter of discretion, and where, as here, proper corrective measures are taken and there is no abuse of that discretion, a refusal to grant a mistrial is not error.” (Citations and punctuation omitted.) Samples v. State, 227 Ga. App. 596, 597 (1) ( 490 SE2d 172 ) (1997).	2	2
Allen v. Stategreen ga · 1989 · cited in 2 Georgia opinions naming this issue, 1993–1996 2 sentences 1996Allen v. State, 259 Ga. 303, 304 (2) ( 379 SE2d 513 ). “ ‘Where a motion for mistrial is made on the ground of inadmissible matters being presented to the jury, the corrective measure to be taken by the trial court also is largely a matter of discretion, and where(, as here,) proper corrective measures are taken and there is no abuse of that discretion, a refusal to grant a mistrial is not error.’ ” (Citations omitted.) Jackson v. State, 207 Ga. App. 190, 191 (2) ( 427 SE2d 566 ). 1996Allen v. State, 259 Ga. 303, 304 (2) ( 379 SE2d 513 ). “ ‘Where a motion for mistrial is made on the ground of inadmissible matters being presented to the jury, the corrective measure to be taken by the trial court also is largely a matter of discretion, and where(, as here,) proper corrective measures are taken and there is no abuse of that discretion, a refusal to grant a mistrial is not error.’ ” (Citations omitted.) Jackson v. State, 207 Ga. App. 190, 191 (2) ( 427 SE2d 566 ).	2	2
Hixson v. Barrowgreen gactapp · 1977 · cited in 2 Georgia opinions naming this issue, 1979–1993 2 sentences 1993“Where a motion for a mistrial is made on the ground of inadmissible evidence illegally placed before the jury, the corrective measure to be taken by the trial court is largely a matter of discretion, and where proper corrective measures are taken and there is no abuse of discretion, the refusal of the trial court to grant a mistrial is not error. [Cits.]” Hixson v. Barrow, 142 Ga. App. 65, 68 (4) ( 234 SE2d 805 ) (1977). 1993“Where a motion for a mistrial is made on the ground of inadmissible evidence illegally placed before the jury, the corrective measure to be taken by the trial court is largely a matter of discretion, and where proper corrective measures are taken and there is no abuse of discretion, the refusal of the trial court to grant a mistrial is not error. [Cits.]” Hixson v. Barrow, 142 Ga. App. 65, 68 (4) ( 234 SE2d 805 ) (1977).	2	2
Chandler v. Stategreen gactapp · 1977 · cited in 2 Georgia opinions naming this issue, 1981–1988 2 sentences 1988The Opatuts and RDF enumerate the denial of their motion for a mistrial as error. “ ‘Where illegal evidence is admitted at the trial, it is not error to refuse the grant of mistrial if the illegal or harmful testimony can be corrected by proper instructions to the jury . . . [Cits.] The decision not to declare a mistrial is within the discretion of the trial court, and this discretion should not be interfered with unless manifestly abused.’ [Cit.]” Chandler v. State, 143 Ga. App. 608, 609 (2) ( 239 SE2d 158 ) (1977). 1988The Opatuts and RDF enumerate the denial of their motion for a mistrial as error. “ ‘Where illegal evidence is admitted at the trial, it is not error to refuse the grant of mistrial if the illegal or harmful testimony can be corrected by proper instructions to the jury . . . [Cits.] The decision not to declare a mistrial is within the discretion of the trial court, and this discretion should not be interfered with unless manifestly abused.’ [Cit.]” Chandler v. State, 143 Ga. App. 608, 609 (2) ( 239 SE2d 158 ) (1977).	2	2
Pulliam v. Stategreen ga · 1943 · cited in 2 Georgia opinions naming this issue, 1944–1959 2 sentences 1959Pulliam v. State, 196 Ga. 782, 789-791 (6) ( 28 S. E. 2d 139 ). 3. 1959Pulliam v. State, 196 Ga. 782, 789-791 (6) ( 28 S. E. 2d 139 ). 3.	2	2
Clark v. Stategreen gactapp · 1981 · cited in 2 Georgia opinions naming this issue, 1983–1988 2 sentences 1988Appellant moved for a mistrial, which was denied. “ ‘The trial court has a broad discretion in passing on motions for mistrial, and its ruling will not be disturbed by the appellate courts unless it appears that there has been a manifest abuse of discretion and that a mistrial is essential to the preservation of the right to a fair trial. [Cits.] Where a motion for mistrial is made on the ground of inadmissible matters being placed before the jury, the corrective measure to be taken by the trial court also is largely a matter of discretion, and where proper corrective measures are taken and th 1988Appellant moved for a mistrial, which was denied. “ ‘The trial court has a broad discretion in passing on motions for mistrial, and its ruling will not be disturbed by the appellate courts unless it appears that there has been a manifest abuse of discretion and that a mistrial is essential to the preservation of the right to a fair trial. [Cits.] Where a motion for mistrial is made on the ground of inadmissible matters being placed before the jury, the corrective measure to be taken by the trial court also is largely a matter of discretion, and where proper corrective measures are taken and th	1	2
State v. Jacksongreen ga · 2019 · cited in 1 Georgia opinions naming this issue, 2024–2024 2 sentences 2024See State v. Jackson, 306 Ga. 626, 629 (1) (831 SE2d 798) (2019) (citing OCGA § 17-8-75). 2024See State v. Jackson, 306 Ga. 626, 629 (1) ( 831 SE2d 798 ) (2019) (citing OCGA § 17-8-75).	1	1
State v. Jacksongreen ga · 2019 · cited in 1 Georgia opinions naming this issue, 2024–2024 2 sentences 2024See State v. Jackson, 306 Ga. 626, 629 (1) (831 SE2d 798) (2019) (citing OCGA § 17-8-75). 2024See State v. Jackson, 306 Ga. 626, 629 (1) ( 831 SE2d 798 ) (2019) (citing OCGA § 17-8-75).	1	1
Horton v. Stategreen ga · 2020 · cited in 1 Georgia opinions naming this issue, 2023–2023 2 sentences 2023See Horton v. State, 310 Ga. 310, 317 n.8 (849 SE2d 382) (2020) (declining to address whether the appellant failed to preserve a mistrial claim by not renewing “his motion for mistrial after the trial court’s curative instruction or object[ing] to the instruction as inadequate,” and concluding that the trial court did not abuse its discretion by denying the motion). 22 testifying witness mentioned the word “gang” only once, without mentioning the defendant’s name in connection with the reference, and the trial court immediately instructed the jury to disregard the reference, and noting that “[ 2023See Horton v. State, 310 Ga. 310, 317 n.8 (849 SE2d 382) (2020) (declining to address whether the appellant failed to preserve a mistrial claim by not renewing “his motion for mistrial after the trial court’s curative instruction or object[ing] to the instruction as inadequate,” and concluding that the trial court did not abuse its discretion by denying the motion). 22 testifying witness mentioned the word “gang” only once, without mentioning the defendant’s name in connection with the reference, and the trial court immediately instructed the jury to disregard the reference, and noting that “[	1	1
Defusco v. Freegreen gactapp · 2007 · cited in 1 Georgia opinions naming this issue, 2021–2021 2 sentences 2021See Defusco v. Free, 287 Ga. App. 313, 314 ( 651 SE2d 458 ) (2007) (“Where a motion for a mistrial is made on the ground of inadmissible evidence illegally placed before the jury, the corrective measure to be taken by the trial court is largely a matter of discretion, and where proper corrective measures are taken and there is no abuse of discretion, the refusal of the trial court to grant a mistrial is not error.”) 3. 2021See Defusco v. Free, 287 Ga. App. 313, 314 ( 651 SE2d 458 ) (2007) (“Where a motion for a mistrial is made on the ground of inadmissible evidence illegally placed before the jury, the corrective measure to be taken by the trial court is largely a matter of discretion, and where proper corrective measures are taken and there is no abuse of discretion, the refusal of the trial court to grant a mistrial is not error.”) 3.	1	1
Firestone Tire & Rubber Co. v. Kinggreen gactapp · 1978 · cited in 1 Georgia opinions naming this issue, 2020–2020 1 sentence 2020“Where a motion for a mistrial is made on the ground of inadmissible evidence illegally placed before the jury, the corrective measure to be taken by the trial court is largely a matter of discretion, and where 13 proper corrective measures are taken and there is no abuse of discretion, the refusal of the trial court to grant a mistrial is not error.” Ross v. Hagler, 209 Ga. App. 201, 203 (1) ( 433 SE2d 124 ) (1993) (citation and punctuation omitted); see also King, 145 Ga. App. at 843 (3) (trial court acted within its discretion in denying mistrial, where it promptly instructed the jury to di	1	1
Steward v. Stategreen gactapp · 2001 · cited in 1 Georgia opinions naming this issue, 2018–2018 2 sentences 2018See Allen v. State , 302 Ga.App. 852 , 854, 691 S.E.2d 908 (2010) (no evidence existed of intentional prosecutorial misconduct where the trial court, as the finder of fact, found the prosecution's prohibited comment during opening statements to be unintentional); Steward v. State , 251 Ga.App. 657 , 658, 555 S.E.2d 33 (2001) ("the fact that the government blunders at trial and the blunder precipitates a successful motion for a mistrial does not bar a retrial") (citation and punctuation omitted); Brinson , 245 Ga.App. at 481 -482 , 538 S.E.2d 122 (trial court found prosecutor's conduct was neit 2018See Allen v. State , 302 Ga.App. 852 , 854, 691 S.E.2d 908 (2010) (no evidence existed of intentional prosecutorial misconduct where the trial court, as the finder of fact, found the prosecution's prohibited comment during opening statements to be unintentional); Steward v. State , 251 Ga.App. 657 , 658, 555 S.E.2d 33 (2001) ("the fact that the government blunders at trial and the blunder precipitates a successful motion for a mistrial does not bar a retrial") (citation and punctuation omitted); Brinson , 245 Ga.App. at 481 -482 , 538 S.E.2d 122 (trial court found prosecutor's conduct was neit	1	1
Allen v. Stategreen gactapp · 2010 · cited in 1 Georgia opinions naming this issue, 2018–2018 2 sentences 2018See Allen v. State , 302 Ga.App. 852 , 854, 691 S.E.2d 908 (2010) (no evidence existed of intentional prosecutorial misconduct where the trial court, as the finder of fact, found the prosecution's prohibited comment during opening statements to be unintentional); Steward v. State , 251 Ga.App. 657 , 658, 555 S.E.2d 33 (2001) ("the fact that the government blunders at trial and the blunder precipitates a successful motion for a mistrial does not bar a retrial") (citation and punctuation omitted); Brinson , 245 Ga.App. at 481 -482 , 538 S.E.2d 122 (trial court found prosecutor's conduct was neit 2018See Allen v. State , 302 Ga.App. 852 , 854, 691 S.E.2d 908 (2010) (no evidence existed of intentional prosecutorial misconduct where the trial court, as the finder of fact, found the prosecution's prohibited comment during opening statements to be unintentional); Steward v. State , 251 Ga.App. 657 , 658, 555 S.E.2d 33 (2001) ("the fact that the government blunders at trial and the blunder precipitates a successful motion for a mistrial does not bar a retrial") (citation and punctuation omitted); Brinson , 245 Ga.App. at 481 -482 , 538 S.E.2d 122 (trial court found prosecutor's conduct was neit	1	1
United States v. Diazgreen ca11 · 2001 · cited in 1 Georgia opinions naming this issue, 2016–2016 1 sentence 2016“The district court’s denial of a mistrial for violation of the sequestration rule is ... a matter of discretion and reversible only on a showing of prejudice.” United States v. Diaz, 248 F3d 1065, 1104 (11th Cir. 2001) (citations omitted).	1	1
United States v. Perezgreen scotus · 1824 · cited in 1 Georgia opinions naming this issue, 2015–2015 1 sentence 2015It was nothing more than an agreement to the court’s pronounced opinion as to what was proper under the circumstances.”). 22 U. S. 579, 580 (6 LE 165) (1824); see also Jones v. State, 232 Ga. 324, 327 ( 206 SE2d 481 ) (1974) (“The double jeopardy clause operates with respect to a proposed retrial of the defendant by examining the entry of the mistrial under the test of United States v. Perez.” (citation omitted)).	1	1
Jones v. Stategreen ga · 1974 · cited in 1 Georgia opinions naming this issue, 2015–2015 2 sentences 2015It was nothing more than an agreement to the court’s pronounced opinion as to what was proper under the circumstances.”). 22 U. S. 579, 580 (6 LE 165) (1824); see also Jones v. State, 232 Ga. 324, 327 ( 206 SE2d 481 ) (1974) (“The double jeopardy clause operates with respect to a proposed retrial of the defendant by examining the entry of the mistrial under the test of United States v. Perez.” (citation omitted)). 2015It was nothing more than an agreement to the court’s pronounced opinion as to what was proper under the circumstances.”). 22 U. S. 579, 580 (6 LE 165) (1824); see also Jones v. State, 232 Ga. 324, 327 ( 206 SE2d 481 ) (1974) (“The double jeopardy clause operates with respect to a proposed retrial of the defendant by examining the entry of the mistrial under the test of United States v. Perez.” (citation omitted)).	1	1
Heard v. Stategreen gactapp · 2008 · cited in 1 Georgia opinions naming this issue, 2008–2008 1 sentence 2008See Heard, 291 Ga. App. at 553-554 (2); Wright, 282 Ga. App. at 651-652 (2).	1	1
Wright v. Stategreen gactapp · 2006 · cited in 1 Georgia opinions naming this issue, 2008–2008 1 sentence 2008See Heard, 291 Ga. App. at 553-554 (2); Wright, 282 Ga. App. at 651-652 (2).	1	1
Voxcom, Inc. v. Bodagreen gactapp · 1994 · cited in 1 Georgia opinions naming this issue, 2005–2005	1	1
Williams v. Stategreen gactapp · 2004 · cited in 1 Georgia opinions naming this issue, 2004–2004	1	1
Pennymon v. Stategreen gactapp · 2003 · cited in 1 Georgia opinions naming this issue, 2004–2004	1	1
Woods v. Stategreen ga · 1975 · cited in 1 Georgia opinions naming this issue, 2002–2002	1	1
Gilreath v. Stategreen ga · 1981 · cited in 1 Georgia opinions naming this issue, 2000–2000	1	1
Young v. Stategreen gactapp · 1995 · cited in 1 Georgia opinions naming this issue, 1999–1999	1	1
Wofford v. Stategreen gactapp · 1998 · cited in 1 Georgia opinions naming this issue, 1999–1999	1	1
Johnson v. Laniergreen gactapp · 1976 · cited in 1 Georgia opinions naming this issue, 1998–1998	1	1
Crawford v. Stategreen ga · 1987 · cited in 1 Georgia opinions naming this issue, 1997–1997	1	1
Griffin v. Stategreen gactapp · 1996 · cited in 1 Georgia opinions naming this issue, 1997–1997	1	1
Lashley v. Stategreen gactapp · 1990 · cited in 1 Georgia opinions naming this issue, 1997–1997	1	1
Chastain v. Stategreen ga · 1992 · cited in 1 Georgia opinions naming this issue, 1996–1996	1	1
Jackson v. Stategreen gactapp · 1993 · cited in 1 Georgia opinions naming this issue, 1996–1996	1	1
Edwards v. Stategreen gactapp · 1991 · cited in 1 Georgia opinions naming this issue, 1996–1996	1	1
Baker v. Stategreen ga · 1982 · cited in 1 Georgia opinions naming this issue, 1994–1994	1	1
McGarvey v. Stategreen gactapp · 1988 · cited in 1 Georgia opinions naming this issue, 1994–1994	1	1
Lee v. Stategreen gactapp · 1983 · cited in 1 Georgia opinions naming this issue, 1993–1993	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 (31)

Case	Cited	Years
Southeastern Greyhound Lines Inc. v. Hancock green gactapp · 1944 2 sentences 1978Southeastern Greyhound Lines v. Hancock, 71 Ga. App. 471 ( 31 SE2d 59 ); Osteen v. State, 83 Ga. App. 378, 381 ( 63 SE2d 692 ). 1978Southeastern Greyhound Lines v. Hancock, 71 Ga. App. 471 ( 31 SE2d 59 ); Osteen v. State, 83 Ga. App. 378, 381 ( 63 SE2d 692 ).	6	1955–1978
Tye v. State green ga · 1944 2 sentences 1976Southeastern Greyhound Lines v. Hancock, 71 Ga. App. 471 ( 31 SE2d 59 ); Osteen v. State, 83 Ga. App. 378, 381 (63 SE2d m2); Eden v. State, 43 Ga. App. 414 (1) ( 159 SE 134 ); Tye v. State, 198 Ga. 262 (4) ( 31 SE2d 471 ). 1976Southeastern Greyhound Lines v. Hancock, 71 Ga. App. 471 ( 31 SE2d 59 ); Osteen v. State, 83 Ga. App. 378, 381 (63 SE2d m2); Eden v. State, 43 Ga. App. 414 (1) ( 159 SE 134 ); Tye v. State, 198 Ga. 262 (4) ( 31 SE2d 471 ).	6	1948–1976
Eden v. State green gactapp · 1931 2 sentences 1976Southeastern Greyhound Lines v. Hancock, 71 Ga. App. 471 ( 31 SE2d 59 ); Osteen v. State, 83 Ga. App. 378, 381 (63 SE2d m2); Eden v. State, 43 Ga. App. 414 (1) ( 159 SE 134 ); Tye v. State, 198 Ga. 262 (4) ( 31 SE2d 471 ). 1976Southeastern Greyhound Lines v. Hancock, 71 Ga. App. 471 ( 31 SE2d 59 ); Osteen v. State, 83 Ga. App. 378, 381 (63 SE2d m2); Eden v. State, 43 Ga. App. 414 (1) ( 159 SE 134 ); Tye v. State, 198 Ga. 262 (4) ( 31 SE2d 471 ).	4	1955–1976
Worthy v. State green ga · 1937 2 sentences 1952Worthy v. State, 184 Ga. 402 (1) ( 191 S. E. 457 ); Tye v. State, 198 Ga. 262 (4) ( 31 S. E. 2d, 471 ); Brown v. State, 203 Ga. 218 (7) ( 46 S. E. 2d, 160 ). 1952Worthy v. State, 184 Ga. 402 (1) ( 191 S. E. 457 ); Tye v. State, 198 Ga. 262 (4) ( 31 S. E. 2d, 471 ); Brown v. State, 203 Ga. 218 (7) ( 46 S. E. 2d, 160 ).	2	1948–1952
Brown v. State green ga · 1948 2 sentences 1952Worthy v. State, 184 Ga. 402 (1) ( 191 S. E. 457 ); Tye v. State, 198 Ga. 262 (4) ( 31 S. E. 2d, 471 ); Brown v. State, 203 Ga. 218 (7) ( 46 S. E. 2d, 160 ). 1952Worthy v. State, 184 Ga. 402 (1) ( 191 S. E. 457 ); Tye v. State, 198 Ga. 262 (4) ( 31 S. E. 2d, 471 ); Brown v. State, 203 Ga. 218 (7) ( 46 S. E. 2d, 160 ).	2	1951–1952
Brinson v. State green gactapp · 2000 2 sentences 2018See Allen v. State , 302 Ga.App. 852 , 854, 691 S.E.2d 908 (2010) (no evidence existed of intentional prosecutorial misconduct where the trial court, as the finder of fact, found the prosecution's prohibited comment during opening statements to be unintentional); Steward v. State , 251 Ga.App. 657 , 658, 555 S.E.2d 33 (2001) ("the fact that the government blunders at trial and the blunder precipitates a successful motion for a mistrial does not bar a retrial") (citation and punctuation omitted); Brinson , 245 Ga.App. at 481 -482 , 538 S.E.2d 122 (trial court found prosecutor's conduct was neit 2018See Allen v. State , 302 Ga.App. 852 , 854, 691 S.E.2d 908 (2010) (no evidence existed of intentional prosecutorial misconduct where the trial court, as the finder of fact, found the prosecution's prohibited comment during opening statements to be unintentional); Steward v. State , 251 Ga.App. 657 , 658, 555 S.E.2d 33 (2001) ("the fact that the government blunders at trial and the blunder precipitates a successful motion for a mistrial does not bar a retrial") (citation and punctuation omitted); Brinson , 245 Ga.App. at 481 -482 , 538 S.E.2d 122 (trial court found prosecutor's conduct was neit	1	2018–2018
Perez v. State green gactapp · 2004 1 sentence 2010Perez, supra, 266 Ga. App. at 82 . 2.	1	2010–2010
Williams v. State green ga · 1997	1	2001–2001
Westbrook v. State green gactapp · 1982	1	1996–1996
Bush v. State neutral gactapp · 1988	1	1989–1989
Batson v. Kentucky green scotus · 1986	1	1988–1988
Stansifer v. State green gactapp · 1983	1	1987–1987
United States v. Tateo green scotus · 1964	1	1987–1987
Gregg v. Georgia green scotus · 1976	1	1987–1987
United States v. Dinitz green scotus · 1976	1	1987–1987
Bradham v. State green ga · 1979	1	1980–1980
Howard v. State green ga · 1972	1	1977–1977
Turner v. Kentucky green scotus · 1973	1	1977–1977
Augusta & Summerville Railroad v. Randall & Wife green · 1890	1	1968–1968
Manchester v. State green ga · 1930	1	1966–1966
Tingle v. Kelly green gactapp · 1956	1	1965–1965
Ledford v. State green ga · 1960	1	1963–1963
Shensky v. State neutral gactapp · 1926	1	1952–1952
Johnson v. State neutral gactapp · 1926	1	1952–1952
Richardson v. State neutral gactapp · 1930	1	1952–1952
Harrison v. State green gactapp · 1939	1	1952–1952
Haynes v. State green gactapp · 1949	1	1952–1952
Flournoy v. State green gactapp · 1950	1	1952–1952
Hicks v. State green ga · 1943	1	1951–1951
Mitchell v. State neutral gactapp · 1915	1	1944–1944
Freeman v. State neutral gactapp · 1915	1	1944–1944

Statutes the citing opinions construe

GA § 17-5-30 (3) GA § 17-8-75 (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

TX 139 (1949–2025) GA 73 (1928–2024) LA 22 (1976–2023) PA 20 (1971–2021) CA 20 (1970–2025) IL 15 (1975–2026) AR 15 (1975–2025) MI 15 (1975–2026) OH 15 (1993–2025) FL 14 (1972–2024) MO 13 (1972–2018) AZ 12 (1968–2025) IN 12 (1979–2020) NJ 11 (1973–2021) NY 9 (1972–2020) VA 8 (1997–2011) OR 7 (1963–2023) OK 7 (1977–2024) AL 7 (1983–2024) RI 6 (1992–2001) UT 6 (1992–2025) DC 6 (1977–2024) WI 6 (1979–2024) NM 6 (1967–2024) CT 5 (1986–2025) SD 5 (2019–2023) MS 5 (1990–2014) NH 5 (1988–2014) MA 5 (1974–2025) NE 5 (1963–1983) NC 4 (1977–2012) WA 4 (2008–2019) KS 4 (1978–2021) WY 4 (1989–2025) HI 3 (2002–2020) MN 3 (1989–2016) SC 3 (2011–2018) TN 3 (1983–2011) CO 3 (2016–2016) AK 3 (1981–2011) DE 2 (2019–2019) KY 2 (2016–2018) ND 2 (1982–1988) IA 2 (2020–2022)

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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