appellant must show error (Georgia) · Go Syfert
← Georgia issues

appellant must show error in Georgia

9 Georgia opinions name it 2 courts 2004–2025 2 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 (9)

CaseFollowedCited
Majeed v. Randallgreen
gactapp · 2006 · cited in 3 Georgia opinions naming this issue, 2006–2018
2 sentences

2018See, e. g., Majeed v. Randall , 279 Ga. App. 679 , 680-681 (2), 632 S.E.2d 413 (2006) (an appellant must show error from the record, and this burden is not satisfied by mere assertions in the appellate brief).

2018See, e. g., Majeed v. Randall , 279 Ga. App. 679 , 680-681 (2), 632 S.E.2d 413 (2006) (an appellant must show error from the record, and this burden is not satisfied by mere assertions in the appellate brief).

33
CHRYSLER GROUP LLC v. WALDENgreen
ga · 2018 · cited in 2 Georgia opinions naming this issue, 2021–2025
2 sentences

2025In order to demonstrate plain error based upon the admission of evidence, an appellant must show an error or defect that has not been “affirmatively waived” by the appellant, that is “clear or obvious,” and that “affected the appellant’s substantial rights” by “affect[ing] the outcome of the trial court proceedings”; if these three requirements are satisfied, we have the discretion to remedy the error but should do so only if the error “seriously affect[s] the fairness, integrity or public reputation of judicial proceedings.” (Citation omitted.) Chrysler Group, 303 Ga. at 370 (II) (B).

2021Our analysis does not end here, however, because the plain error provision of the Evidence Code “establishes that nothing in [OCGA § 24- 1-103] shall preclude a court from taking notice of plain errors affecting substantial rights although such errors were not brought to the attention of the court.” Chrysler Group v. Walden, 303 Ga. 358, 369 (II) (B) ( 812 SE2d 244 ) (2018).4 (c) In order to demonstrate plain error based upon the admission of evidence, an appellant must show an error or defect that has not been “affirmatively waived” by the appellant, that is “clear or obvious,” and that “affe

22
Gates v. Stategreen
ga · 2016 · cited in 2 Georgia opinions naming this issue, 2018–2020
2 sentences

2020To establish plain error, an appellant must show an error or defect that he has not “affirmatively waived,” that is “clear or obvious,” and that “affected [his] substantial rights” by “affect[ing] the outcome of the trial court proceedings”; if these three requirements are satisfied, we have the discretion to remedy the error but should do so only if the error “seriously affects the fairness, integrity or public reputation of the judicial proceedings.” (Citation and punctuation omitted.) Gates v. State, 298 Ga. 324, 327 (3) ( 781 SE2d 772 ) (2016).

2020To establish plain error, an appellant must show an error or defect that he has not “affirmatively waived,” that is “clear or obvious,” and that “affected [his] substantial rights” by “affect[ing] the outcome of the trial court proceedings”; if these three requirements are satisfied, we have the discretion to remedy the error but should do so only if the error “seriously affects the fairness, integrity or public reputation of the judicial proceedings.” (Citation and punctuation omitted.) Gates v. State, 298 Ga. 324, 327 (3) ( 781 SE2d 772 ) (2016).

12
Shamsai v. Coordinated Properties, Inc.green
gactapp · 2003 · cited in 1 Georgia opinions naming this issue, 2006–2006
2 sentences

2006See West v. Austin, 274 Ga. App. 729, 729-730 ( 618 SE2d 662 ) (2005). 6 See Folds v. Barber, 279 Ga. App. 671 ( 632 SE2d 403 ) (2006). 7 See Court of Appeals Rule 7 (appeal may be dismissed for failure to comply with Court rules); Majeed v. Randall, 279 Ga. App. 679, 680-681 (2) ( 632 SE2d 413 ) (2006) (an appellant must show error from the record, and this burden is not satisfied by mere assertions in the appellate brief). 8 See Shamsai v. Coordinated Properties, 259 Ga. App. 438, 440 (3) ( 576 SE2d 901 ) (2003). 9 (Citation and punctuation omitted.) Id. 10 See id. 11 See Court of Appeals Ru

2006See West v. Austin, 274 Ga. App. 729, 729-730 ( 618 SE2d 662 ) (2005). 6 See Folds v. Barber, 279 Ga. App. 671 ( 632 SE2d 403 ) (2006). 7 See Court of Appeals Rule 7 (appeal may be dismissed for failure to comply with Court rules); Majeed v. Randall, 279 Ga. App. 679, 680-681 (2) ( 632 SE2d 413 ) (2006) (an appellant must show error from the record, and this burden is not satisfied by mere assertions in the appellate brief). 8 See Shamsai v. Coordinated Properties, 259 Ga. App. 438, 440 (3) ( 576 SE2d 901 ) (2003). 9 (Citation and punctuation omitted.) Id. 10 See id. 11 See Court of Appeals Ru

11
Folds v. Barbergreen
gactapp · 2006 · cited in 1 Georgia opinions naming this issue, 2006–2006
2 sentences

2006See West v. Austin, 274 Ga. App. 729, 729-730 ( 618 SE2d 662 ) (2005). 6 See Folds v. Barber, 279 Ga. App. 671 ( 632 SE2d 403 ) (2006). 7 See Court of Appeals Rule 7 (appeal may be dismissed for failure to comply with Court rules); Majeed v. Randall, 279 Ga. App. 679, 680-681 (2) ( 632 SE2d 413 ) (2006) (an appellant must show error from the record, and this burden is not satisfied by mere assertions in the appellate brief). 8 See Shamsai v. Coordinated Properties, 259 Ga. App. 438, 440 (3) ( 576 SE2d 901 ) (2003). 9 (Citation and punctuation omitted.) Id. 10 See id. 11 See Court of Appeals Ru

2006See West v. Austin, 274 Ga. App. 729, 729-730 ( 618 SE2d 662 ) (2005). 6 See Folds v. Barber, 279 Ga. App. 671 ( 632 SE2d 403 ) (2006). 7 See Court of Appeals Rule 7 (appeal may be dismissed for failure to comply with Court rules); Majeed v. Randall, 279 Ga. App. 679, 680-681 (2) ( 632 SE2d 413 ) (2006) (an appellant must show error from the record, and this burden is not satisfied by mere assertions in the appellate brief). 8 See Shamsai v. Coordinated Properties, 259 Ga. App. 438, 440 (3) ( 576 SE2d 901 ) (2003). 9 (Citation and punctuation omitted.) Id. 10 See id. 11 See Court of Appeals Ru

11
Kim v. Tex Financial Corp.green
gactapp · 1996 · cited in 1 Georgia opinions naming this issue, 2006–2006
2 sentences

2006See West v. Austin, 274 Ga. App. 729, 729-730 ( 618 SE2d 662 ) (2005). 6 See Folds v. Barber, 279 Ga. App. 671 ( 632 SE2d 403 ) (2006). 7 See Court of Appeals Rule 7 (appeal may be dismissed for failure to comply with Court rules); Majeed v. Randall, 279 Ga. App. 679, 680-681 (2) ( 632 SE2d 413 ) (2006) (an appellant must show error from the record, and this burden is not satisfied by mere assertions in the appellate brief). 8 See Shamsai v. Coordinated Properties, 259 Ga. App. 438, 440 (3) ( 576 SE2d 901 ) (2003). 9 (Citation and punctuation omitted.) Id. 10 See id. 11 See Court of Appeals Ru

2006See West v. Austin, 274 Ga. App. 729, 729-730 ( 618 SE2d 662 ) (2005). 6 See Folds v. Barber, 279 Ga. App. 671 ( 632 SE2d 403 ) (2006). 7 See Court of Appeals Rule 7 (appeal may be dismissed for failure to comply with Court rules); Majeed v. Randall, 279 Ga. App. 679, 680-681 (2) ( 632 SE2d 413 ) (2006) (an appellant must show error from the record, and this burden is not satisfied by mere assertions in the appellate brief). 8 See Shamsai v. Coordinated Properties, 259 Ga. App. 438, 440 (3) ( 576 SE2d 901 ) (2003). 9 (Citation and punctuation omitted.) Id. 10 See id. 11 See Court of Appeals Ru

11
West v. Austingreen
gactapp · 2005 · cited in 1 Georgia opinions naming this issue, 2006–2006
2 sentences

2006See West v. Austin, 274 Ga. App. 729, 729-730 ( 618 SE2d 662 ) (2005). 6 See Folds v. Barber, 279 Ga. App. 671 ( 632 SE2d 403 ) (2006). 7 See Court of Appeals Rule 7 (appeal may be dismissed for failure to comply with Court rules); Majeed v. Randall, 279 Ga. App. 679, 680-681 (2) ( 632 SE2d 413 ) (2006) (an appellant must show error from the record, and this burden is not satisfied by mere assertions in the appellate brief). 8 See Shamsai v. Coordinated Properties, 259 Ga. App. 438, 440 (3) ( 576 SE2d 901 ) (2003). 9 (Citation and punctuation omitted.) Id. 10 See id. 11 See Court of Appeals Ru

2006See West v. Austin, 274 Ga. App. 729, 729-730 ( 618 SE2d 662 ) (2005). 6 See Folds v. Barber, 279 Ga. App. 671 ( 632 SE2d 403 ) (2006). 7 See Court of Appeals Rule 7 (appeal may be dismissed for failure to comply with Court rules); Majeed v. Randall, 279 Ga. App. 679, 680-681 (2) ( 632 SE2d 413 ) (2006) (an appellant must show error from the record, and this burden is not satisfied by mere assertions in the appellate brief). 8 See Shamsai v. Coordinated Properties, 259 Ga. App. 438, 440 (3) ( 576 SE2d 901 ) (2003). 9 (Citation and punctuation omitted.) Id. 10 See id. 11 See Court of Appeals Ru

11
Mariner Healthcare, Inc. v. Fostergreen
gactapp · 2006 · cited in 1 Georgia opinions naming this issue, 2006–2006
2 sentences

2006See West v. Austin, 274 Ga. App. 729, 729-730 ( 618 SE2d 662 ) (2005). 6 See Folds v. Barber, 279 Ga. App. 671 ( 632 SE2d 403 ) (2006). 7 See Court of Appeals Rule 7 (appeal may be dismissed for failure to comply with Court rules); Majeed v. Randall, 279 Ga. App. 679, 680-681 (2) ( 632 SE2d 413 ) (2006) (an appellant must show error from the record, and this burden is not satisfied by mere assertions in the appellate brief). 8 See Shamsai v. Coordinated Properties, 259 Ga. App. 438, 440 (3) ( 576 SE2d 901 ) (2003). 9 (Citation and punctuation omitted.) Id. 10 See id. 11 See Court of Appeals Ru

2006See West v. Austin, 274 Ga. App. 729, 729-730 ( 618 SE2d 662 ) (2005). 6 See Folds v. Barber, 279 Ga. App. 671 ( 632 SE2d 403 ) (2006). 7 See Court of Appeals Rule 7 (appeal may be dismissed for failure to comply with Court rules); Majeed v. Randall, 279 Ga. App. 679, 680-681 (2) ( 632 SE2d 413 ) (2006) (an appellant must show error from the record, and this burden is not satisfied by mere assertions in the appellate brief). 8 See Shamsai v. Coordinated Properties, 259 Ga. App. 438, 440 (3) ( 576 SE2d 901 ) (2003). 9 (Citation and punctuation omitted.) Id. 10 See id. 11 See Court of Appeals Ru

11
Serchion v. Stategreen
gactapp · 1998 · cited in 1 Georgia opinions naming this issue, 2004–2004
2 sentences

2004Serchion v. State of Ga., 230 Ga. App. 336, 337 (1) ( 496 SE2d 333 ) (1998).

2004Serchion v. State of Ga., 230 Ga. App. 336, 337 (1) ( 496 SE2d 333 ) (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 (2)

CaseCitedYears
Chrysler Grp. LLC v. Walden green
ga · 2018
1 sentence

2021Our analysis does not end here, however, because the plain error provision of the Evidence Code “establishes that nothing in [OCGA § 24- 1-103] shall preclude a court from taking notice of plain errors affecting substantial rights although such errors were not brought to the attention of the court.” Chrysler Group v. Walden, 303 Ga. 358, 369 (II) (B) ( 812 SE2d 244 ) (2018).4 (c) In order to demonstrate plain error based upon the admission of evidence, an appellant must show an error or defect that has not been “affirmatively waived” by the appellant, that is “clear or obvious,” and that “affe

12021–2021
United States v. Olano green
scotus · 1993
2 sentences

2018Federal courts sometimes explain that plain error review is derived from Federal Rule of Criminal Procedure 52 (b), which codified the federal common law in 1944, and provides that “[a] plain error that affects substantial rights may be considered even though it was not brought to the court’s attention.” See United States v. Olano, 507 U. S. 725 ( 113 SCt 1770 , 123 LE2d 508) (1993).

2018Federal courts sometimes explain that plain error review is derived from Federal Rule of Criminal Procedure 52 (b), which codified the federal common law in 1944, and provides that “[a] plain error that affects substantial rights may be considered even though it was not brought to the court’s attention.” See United States v. Olano, 507 U. S. 725 ( 113 SCt 1770 , 123 LE2d 508) (1993).

12018–2018

Statutes the citing opinions construe

GA § 24-1-103 (4) GA § 24-4-403 (4) GA § 17-8-58 (3) GA § 24-6-622 (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 19 (1988–2015) OH 13 (1999–2026) GA 9 (2004–2025) CA 8 (1910–2025) NC 7 (1934–1981) UT 6 (1983–2024) IN 4 (1977–2012) WA 4 (2026–2026) MO 3 (2010–2024) PA 3 (2003–2026) AL 3 (1959–2017) MN 2 (1993–2005) OK 2 (1999–2023)

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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