9 Georgia opinions name it 2 courts 1984–2002 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 |
|---|---|---|
Ballenger Corp. v. Dresco Mechanical Contractors, Inc.green2 sentences1989It would indeed be paradoxical to require a defendant to assert a given bad faith claim per [OCGA § 9-11-13 (a)] while at the same time withholding from that defendant any possible recovery of litigation expenses per [OCGA § 13-6-11]. . . . [W]hen a defendant asserts a claim for relief independent of a claim for litigation expenses incurred in defending against a plaintiff’s case-in-chief, [OCGA § 13-6-11] does not automatically operate to bar any recovery by the defendant of litigation expenses incurred in prosecuting such an independent claim. . . .” Ballenger Corp. v. Dresco Mechanical Cont 1989It would indeed be paradoxical to require a defendant to assert a given bad faith claim per [OCGA § 9-11-13 (a)] while at the same time withholding from that defendant any possible recovery of litigation expenses per [OCGA § 13-6-11]. . . . [W]hen a defendant asserts a claim for relief independent of a claim for litigation expenses incurred in defending against a plaintiff’s case-in-chief, [OCGA § 13-6-11] does not automatically operate to bar any recovery by the defendant of litigation expenses incurred in prosecuting such an independent claim. . . .” Ballenger Corp. v. Dresco Mechanical Cont | 3 | 4 |
Chandler v. Stategreen2 sentences2002Laster v. State, 268 Ga. 172, 173-174 (2) ( 486 SE2d 153 ) (1997); Chandler v. State, 261 Ga. 402, 407 (3) ( 405 SE2d 669 ) (1991). (iv) Proof of the easement by use. 2002Laster v. State, 268 Ga. 172, 173-174 (2) ( 486 SE2d 153 ) (1997); Chandler v. State, 261 Ga. 402, 407 (3) ( 405 SE2d 669 ) (1991). (iv) Proof of the easement by use. | 1 | 1 |
Laster v. Stategreen2 sentences2002Laster v. State, 268 Ga. 172, 173-174 (2) ( 486 SE2d 153 ) (1997); Chandler v. State, 261 Ga. 402, 407 (3) ( 405 SE2d 669 ) (1991). (iv) Proof of the easement by use. 2002Laster v. State, 268 Ga. 172, 173-174 (2) ( 486 SE2d 153 ) (1997); Chandler v. State, 261 Ga. 402, 407 (3) ( 405 SE2d 669 ) (1991). (iv) Proof of the easement by use. | 1 | 1 |
Wadley v. Stategreen2 sentences1992Strickland, 466 U. S. at 694 ; Wadley v. State, 258 Ga. 465, 467 ( 369 SE2d 734 ) (1988), cert. denied, 488 U. S. 1043 (109 SC 871, 102 LE2d 994) (1989). 1992Strickland, 466 U. S. at 694 ; Wadley v. State, 258 Ga. 465, 467 ( 369 SE2d 734 ) (1988), cert. denied, 488 U. S. 1043 (109 SC 871, 102 LE2d 994) (1989). | 1 | 1 |
Gross v. Stategreen2 sentences1992When a defendant asserts a claim of ineffective assistance, the test is whether there is a reasonable *513 probability the jury would have reached a different verdict, absent the error of counsel. [Cits.] [Appellant] fails to show that there is a reasonable probability that the jury would have found [him not guilty] but for the inadequate performance of his attorney.” Gross v. State, 262 Ga. 232, 233 ( 416 SE2d 284 ) (1992). 2. 1992When a defendant asserts a claim of ineffective assistance, the test is whether there is a reasonable *513 probability the jury would have reached a different verdict, absent the error of counsel. [Cits.] [Appellant] fails to show that there is a reasonable probability that the jury would have found [him not guilty] but for the inadequate performance of his attorney.” Gross v. State, 262 Ga. 232, 233 ( 416 SE2d 284 ) (1992). 2. | 1 | 1 |
Spoon v. Herndongreen1 sentence1989“It is clear that [FHHCI] asserted by way of counterclaim a claim for relief ‘entirely independent of any simple assertion that [Be-all] acted in bad faith in filing the within suit. . . .’ [Cit.]” Spoon v. Herndon, supra at 796 (2). | 1 | 1 |
Blalock v. Blalockgreen1 sentence1984In Brown v. State, 250 Ga. 862, 867 ( 302 SE2d 347 ) (1983), we held: “A photograph which depicts the victim after autopsy incisions are made or after the state of the body is changed by authorities or the pathologist will not be admissible unless necessary to show some material fact which becomes apparent only because of the autopsy.” (Emphasis supplied.) The photographs here in issue, showing the nude victim’s wounds, would be inadmissible under Brown . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Florida Rock Industries, Inc. v. Smith
green
2 sentences1984Thus, appellee’s claim for attorney’s fees and litigation expenses is viable only if appellee is a true “plaintiff in counterclaim.” See generally Fla. Rock Indus. v. Smith, 163 Ga. App. 361 ( 294 SE2d 553 ) (1982). 1984Thus, appellee’s claim for attorney’s fees and litigation expenses is viable only if appellee is a true “plaintiff in counterclaim.” See generally Fla. Rock Indus. v. Smith, 163 Ga. App. 361 ( 294 SE2d 553 ) (1982). | 2 | 1984–1984 |
Chandler v. State
green
2 sentences1993When a defendant asserts a claim of ineffective assistance, the test is whether there is a reasonable probability the jury would have reached a different verdict, absent the error of counsel. [Sutton] fails to show that there is a reasonable probability ,that the jury would have found him not guilty but for the inadequate performance of his attorney.” (Citations and punctuation omitted.) *249 Chandler v. State, 204 Ga. App. 512 ( 419 SE2d 751 ) (1992). 1993When a defendant asserts a claim of ineffective assistance, the test is whether there is a reasonable probability the jury would have reached a different verdict, absent the error of counsel. [Sutton] fails to show that there is a reasonable probability ,that the jury would have found him not guilty but for the inadequate performance of his attorney.” (Citations and punctuation omitted.) *249 Chandler v. State, 204 Ga. App. 512 ( 419 SE2d 751 ) (1992). | 1 | 1993–1993 |
Strickland v. Washington
green
1 sentence1992Strickland, 466 U. S. at 694 ; Wadley v. State, 258 Ga. 465, 467 ( 369 SE2d 734 ) (1988), cert. denied, 488 U. S. 1043 (109 SC 871, 102 LE2d 994) (1989). | 1 | 1992–1992 |
Clark v. United States
green
1 sentence1992Strickland, 466 U. S. at 694 ; Wadley v. State, 258 Ga. 465, 467 ( 369 SE2d 734 ) (1988), cert. denied, 488 U. S. 1043 (109 SC 871, 102 LE2d 994) (1989). | 1 | 1992–1992 |
Spivey v. Rogers
green
2 sentences1990Contrary to the arguments asserted by appellant, attorney fees are recoverable under OCGA § 13-6-11 (see Spivey v. Rogers, 173 Ga. App. 233 ( 326 SE2d 227 ) (1984)) and defendants can avail themselves of the section if a defendant asserts a claim for relief independent of a claim for litigation expenses incurred in defending the plaintiff’s case. 1990Contrary to the arguments asserted by appellant, attorney fees are recoverable under OCGA § 13-6-11 (see Spivey v. Rogers, 173 Ga. App. 233 ( 326 SE2d 227 ) (1984)) and defendants can avail themselves of the section if a defendant asserts a claim for relief independent of a claim for litigation expenses incurred in defending the plaintiff’s case. | 1 | 1990–1990 |
Brown v. State
green
1 sentence1984In Brown v. State, 250 Ga. 862, 867 ( 302 SE2d 347 ) (1983), we held: “A photograph which depicts the victim after autopsy incisions are made or after the state of the body is changed by authorities or the pathologist will not be admissible unless necessary to show some material fact which becomes apparent only because of the autopsy.” (Emphasis supplied.) The photographs here in issue, showing the nude victim’s wounds, would be inadmissible under Brown . | 1 | 1984–1984 |
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.
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.