9 Georgia opinions name it 2 courts 1909–2018 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 |
|---|---|---|
Alimenta (USA), Inc. v. Oil Seed South, LLCgreen2 sentences2013Under this rule, “a contract should be construed by examining the agreement in its entirety, and not merely by examining isolated clauses and provisions thereof.” Alimenta (USA) v. Oil Seed South, 276 Ga. App. 62, 63 ( 622 SE2d 363 ) (2005) (citation and punctuation omitted). 2013Under this rule, “a contract should be construed by examining the agreement in its entirety, and not merely by examining isolated clauses and provisions thereof.” Alimenta (USA) v. Oil Seed South, 276 Ga. App. 62, 63 ( 622 SE2d 363 ) (2005) (citation and punctuation omitted). | 2 | 2 |
Sullivan v. Stategreen2 sentences2018See Sullivan v. State , 242 Ga.App. 613 , 615 (4), 530 S.E.2d 521 (2000) ("A trial court does not err in failing to give an appropriate request to charge, as written, when its charge as a whole contains the same principles of law set forth in the request.") (footnote and punctuation omitted). 2018See Sullivan v. State , 242 Ga.App. 613 , 615 (4), 530 S.E.2d 521 (2000) ("A trial court does not err in failing to give an appropriate request to charge, as written, when its charge as a whole contains the same principles of law set forth in the request.") (footnote and punctuation omitted). | 1 | 1 |
United States v. Richard Junior Fraziergreen1 sentence2017HNTB Ga. v. Hamilton-King , 287 Ga. 641 , 646 (2), 697 S.E.2d 770 (2010) ("[R]egardless of an expert's experience or qualifications, the proffering party bears the burden of presenting evidence of reliability in order to meet the standards of [ OCGA § 24-7-702 ]."); accord United States v. Frazier , 387 F.3d 1244 , 1260 (III) (A) (11th Cir. 2004) (reiterating that the proponent of the expert opinion has the burden of showing its admissibility). 5 Yet, Robles made no claim to the trial court that Dr. Alexander's medical opinion met the cited requirement of OCGA § 24-7-702 (b), choosing instead | 1 | 1 |
Henry v. Stategreen2 sentences2013We cannot agree with the state’s contention on appeal that “there was no evidence . . . that any of the jurors were influenced by the extrajudicial information.” 16 The state cites the principle that where the substance of the juror communication is established without contradiction, the facts themselves may establish the lack of prejudice or harm to the defendant.17 But as the trial court noted, “many of the jurors recollections of what was read [by Juror 38] were inconsistent with each other and with State’s Exhibit 2”; and as the state concedes in its brief, “[n]one of the jurors were consi 2013We cannot agree with the state’s contention on appeal that “there was no evidence . . . that any of the jurors were influenced by the extrajudicial information.” 16 The state cites the principle that where the substance of the juror communication is established without contradiction, the facts themselves may establish the lack of prejudice or harm to the defendant.17 But as the trial court noted, “many of the jurors recollections of what was read [by Juror 38] were inconsistent with each other and with State’s Exhibit 2”; and as the state concedes in its brief, “[n]one of the jurors were consi | 1 | 1 |
Holcomb v. Stategreen2 sentences2013We cannot agree with the state’s contention on appeal that “there was no evidence . . . that any of the jurors were influenced by the extrajudicial information.” 16 The state cites the principle that where the substance of the juror communication is established without contradiction, the facts themselves may establish the lack of prejudice or harm to the defendant.17 But as the trial court noted, “many of the jurors recollections of what was read [by Juror 38] were inconsistent with each other and with State’s Exhibit 2”; and as the state concedes in its brief, “[n]one of the jurors were consi 2013We cannot agree with the state’s contention on appeal that “there was no evidence . . . that any of the jurors were influenced by the extrajudicial information.” 16 The state cites the principle that where the substance of the juror communication is established without contradiction, the facts themselves may establish the lack of prejudice or harm to the defendant.17 But as the trial court noted, “many of the jurors recollections of what was read [by Juror 38] were inconsistent with each other and with State’s Exhibit 2”; and as the state concedes in its brief, “[n]one of the jurors were consi | 1 | 1 |
Sims v. Stategreen1 sentence2013We cannot agree with the state’s contention on appeal that “there was no evidence . . . that any of the jurors were influenced by the extrajudicial information.” 16 The state cites the principle that where the substance of the juror communication is established without contradiction, the facts themselves may establish the lack of prejudice or harm to the defendant.17 But as the trial court noted, “many of the jurors recollections of what was read [by Juror 38] were inconsistent with each other and with State’s Exhibit 2”; and as the state concedes in its brief, “[n]one of the jurors were consi | 1 | 1 |
Walker v. Halegreen2 sentences2011Walker v. Hale, 283 Ga. 131, 133 (1) ( 657 SE2d 227 ) (2008). 2011Walker v. Hale, 283 Ga. 131, 133 (1) ( 657 SE2d 227 ) (2008). | 1 | 1 |
Marcus v. Stategreen2 sentences1986In Marcus v. State, 249 Ga. 345, 346 ( 290 SE2d 470 ) (1982), our Supreme Court noted "that behavior which might be unethical and might even subject an attorney to discipline by the State Bar does not necessarily rise to the level of criminal conduct. 1986In Marcus v. State, 249 Ga. 345, 346 ( 290 SE2d 470 ) (1982), our Supreme Court noted "that behavior which might be unethical and might even subject an attorney to discipline by the State Bar does not necessarily rise to the level of criminal conduct. | 1 | 1 |
Hopson v. Stategreen2 sentences1970To say that no injury results when it appears that what occurred in their absence was regular and legal would, in effect, practically do away with this great and important right, one element of which is to see to it that what does take place is in accord with law and good practice.' Hopson v. State, 116 Ga. 90, 91 ( 42 SE 412 ); Wade v. State, 12 Ga. 25 (2)." Wilson v. State, 212 Ga. 73, 74 , supra; Seay v. State, 111 Ga. App. 22 (3) ( 140 SE2d 283 ) and cit. 1970To say that no injury results when it appears that what occurred in their absence was regular and legal would, in effect, practically do away with this great and important right, one element of which is to see to it that what does take place is in accord with law and good practice.' Hopson v. State, 116 Ga. 90, 91 ( 42 SE 412 ); Wade v. State, 12 Ga. 25 (2)." Wilson v. State, 212 Ga. 73, 74 , supra; Seay v. State, 111 Ga. App. 22 (3) ( 140 SE2d 283 ) and cit. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Yugueros v. Robles
green
2 sentences2017But as the Supreme Court has since clarified, the trial court's role of gatekeeper under OCGA § 24-7-702"is not extinguished simply because deposition testimony, including expert testimony, is secured under OCGA § 9-11-30 (b) (6)." Yugueros , 300 Ga. at 67 , 793 S.E.2d 42 . 2017But as the Supreme Court has since clarified, the trial court's role of gatekeeper under OCGA § 24-7-702"is not extinguished simply because deposition testimony, including expert testimony, is secured under OCGA § 9-11-30 (b) (6)." Yugueros , 300 Ga. at 67 , 793 S.E.2d 42 . | 1 | 2017–2017 |
HNTB Georgia, Inc. v. Hamilton-King
green
2 sentences2017HNTB Ga. v. Hamilton-King , 287 Ga. 641 , 646 (2), 697 S.E.2d 770 (2010) ("[R]egardless of an expert's experience or qualifications, the proffering party bears the burden of presenting evidence of reliability in order to meet the standards of [ OCGA § 24-7-702 ]."); accord United States v. Frazier , 387 F.3d 1244 , 1260 (III) (A) (11th Cir. 2004) (reiterating that the proponent of the expert opinion has the burden of showing its admissibility). 5 Yet, Robles made no claim to the trial court that Dr. Alexander's medical opinion met the cited requirement of OCGA § 24-7-702 (b), choosing instead 2017HNTB Ga. v. Hamilton-King , 287 Ga. 641 , 646 (2), 697 S.E.2d 770 (2010) ("[R]egardless of an expert's experience or qualifications, the proffering party bears the burden of presenting evidence of reliability in order to meet the standards of [ OCGA § 24-7-702 ]."); accord United States v. Frazier , 387 F.3d 1244 , 1260 (III) (A) (11th Cir. 2004) (reiterating that the proponent of the expert opinion has the burden of showing its admissibility). 5 Yet, Robles made no claim to the trial court that Dr. Alexander's medical opinion met the cited requirement of OCGA § 24-7-702 (b), choosing instead | 1 | 2017–2017 |
Wade v. State
green
2 sentences1970To say that no injury results when it appears that what occurred in their absence was regular and legal would, in effect, practically do away with this great and important right, one element of which is to see to it that what does take place is in accord with law and good practice.' Hopson v. State, 116 Ga. 90, 91 ( 42 SE 412 ); Wade v. State, 12 Ga. 25 (2)." Wilson v. State, 212 Ga. 73, 74 , supra; Seay v. State, 111 Ga. App. 22 (3) ( 140 SE2d 283 ) and cit. 1970To say that no injury results when it appears that what occurred in their absence was regular and legal would, in effect, practically do away with this great and important right, one element of which is to see to it that what does take place is in accord with law and good practice.’ Hopson v. State, 116 Ga. 90, 91 ( 42 SE 412 ); Wade v. State, 12 Ga. 25 (2)Wilson v. State, 212 Ga. 73, 74 , supra; Seay v. State, 111 Ga. App. 22 (3) ( 140 SE2d 283 ) and cit. | 1 | 1970–1970 |
Seay v. State
green
2 sentences1970To say that no injury results when it appears that what occurred in their absence was regular and legal would, in effect, practically do away with this great and important right, one element of which is to see to it that what does take place is in accord with law and good practice.' Hopson v. State, 116 Ga. 90, 91 ( 42 SE 412 ); Wade v. State, 12 Ga. 25 (2)." Wilson v. State, 212 Ga. 73, 74 , supra; Seay v. State, 111 Ga. App. 22 (3) ( 140 SE2d 283 ) and cit. 1970To say that no injury results when it appears that what occurred in their absence was regular and legal would, in effect, practically do away with this great and important right, one element of which is to see to it that what does take place is in accord with law and good practice.' Hopson v. State, 116 Ga. 90, 91 ( 42 SE 412 ); Wade v. State, 12 Ga. 25 (2)." Wilson v. State, 212 Ga. 73, 74 , supra; Seay v. State, 111 Ga. App. 22 (3) ( 140 SE2d 283 ) and cit. | 1 | 1970–1970 |
Wilson v. State
green
2 sentences1970To say that no injury results when it appears that what occurred in their absence was regular and legal would, in effect, practically do away with this great and important right, one element of which is to see to it that what does take place is in accord with law and good practice.' Hopson v. State, 116 Ga. 90, 91 ( 42 SE 412 ); Wade v. State, 12 Ga. 25 (2)." Wilson v. State, 212 Ga. 73, 74 , supra; Seay v. State, 111 Ga. App. 22 (3) ( 140 SE2d 283 ) and cit. 1970To say that no injury results when it appears that what occurred in their absence was regular and legal would, in effect, practically do away with this great and important right, one element of which is to see to it that what does take place is in accord with law and good practice.’ Hopson v. State, 116 Ga. 90, 91 ( 42 SE 412 ); Wade v. State, 12 Ga. 25 (2)Wilson v. State, 212 Ga. 73, 74 , supra; Seay v. State, 111 Ga. App. 22 (3) ( 140 SE2d 283 ) and cit. | 1 | 1970–1970 |
Wilson v. State
green
2 sentences1970Under the above cited rule, it is irrelevant whether or not the trial judge's response to the request for a recharge was properly phrased as a matter law (as to this see Wilson v. State, 215 Ga. 446 (1) ( 111 SE2d 32 ) and cit.) or whether or not harmful error affirmatively appears. "`The accused and his counsel have the right to be present at every stage of the proceedings and personally *183 see and know what is being done in the case. 1970Under the above cited rule, it is irrelevant whether or not the trial judge's response to the request for a recharge was properly phrased as a matter law (as to this see Wilson v. State, 215 Ga. 446 (1) ( 111 SE2d 32 ) and cit.) or whether or not harmful error affirmatively appears. "`The accused and his counsel have the right to be present at every stage of the proceedings and personally *183 see and know what is being done in the case. | 1 | 1970–1970 |
Georgia Railroad v. Smith
green
1 sentence1909It appears, therefore, that the soundness of this rule declaring the distinction between powers delegable and powers non-delegable by the legislature was expressly recognized by this court in the case of Georgia Railroad v. Smith, 70 Ga. 694 , and the ruling there made, upholding the constitutionality of the act authorizing the commission to fix reasonable and just rates, was based upon the rule that the legislature can delegate to a commission the power to adopt rules and regulations to carry into effect a legislative enactment already passed. | 1 | 1909–1909 |
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.