firmly rooted exception (Georgia) · Go Syfert
← Georgia issues

firmly rooted exception in Georgia

9 Georgia opinions name it 2 courts 1995–2011 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 (19)

CaseFollowedCited
Shapiro v. Stategreen
gactapp · 1998 · cited in 2 Georgia opinions naming this issue, 2004–2011
2 sentences

2011Shapiro v. State, 233 Ga. App. 620, 622 (3) ( 504 SE2d 719 ) (1998) (DPS records “are public records which allow a court to ‘infer reliability when the hearsay falls within a firmly rooted exception to the hearsay rule, such as the public records exception.’ Price [v. State, 269 Ga. 222, 223 ( 498 SE2d 262 ) (1998)].”).

2011Shapiro v. State, 233 Ga. App. 620, 622 (3) ( 504 SE2d 719 ) (1998) (DPS records “are public records which allow a court to ‘infer reliability when the hearsay falls within a firmly rooted exception to the hearsay rule, such as the public records exception.’ Price [v. State, 269 Ga. 222, 223 ( 498 SE2d 262 ) (1998)].”).

22
Price v. Stategreen
ga · 1998 · cited in 2 Georgia opinions naming this issue, 2004–2011
2 sentences

2011Shapiro v. State, 233 Ga. App. 620, 622 (3) ( 504 SE2d 719 ) (1998) (DPS records “are public records which allow a court to ‘infer reliability when the hearsay falls within a firmly rooted exception to the hearsay rule, such as the public records exception.’ Price [v. State, 269 Ga. 222, 223 ( 498 SE2d 262 ) (1998)].”).

2011Shapiro v. State, 233 Ga. App. 620, 622 (3) ( 504 SE2d 719 ) (1998) (DPS records “are public records which allow a court to ‘infer reliability when the hearsay falls within a firmly rooted exception to the hearsay rule, such as the public records exception.’ Price [v. State, 269 Ga. 222, 223 ( 498 SE2d 262 ) (1998)].”).

22
Barksdale v. Stategreen
ga · 1995 · cited in 2 Georgia opinions naming this issue, 1997–2003
2 sentences

2003"Even if a hearsay declarant is not subject to cross-examination at trial, the admission of the declarant's out-of-court statement does not violate the defendant's right of confrontation if the declarant's out-of-court statement meets the requirements of a firmly rooted exception to the hearsay rule...." Barksdale v. State, supra at 13(2)(b), 453 S.E.2d 2 . 2.

2003Barksdale v. State, supra at 13(2)(b), 453 S.E.2d 2 .

12
Livingston v. Stategreen
ga · 1997 · cited in 2 Georgia opinions naming this issue, 1998–1998
2 sentences

1998Id.

1998Because the use of hearsay is “at odds with the literal terms of the Confrontation Clause of the Sixth Amendment,” its admission is strictly limited to circumstances “meet[ing] the requirements of a firmly-rooted exception to the hearsay rule.” Livingston, 268 Ga. at 210 (2).

12
Idaho v. Wrightgreen
scotus · 1990 · cited in 2 Georgia opinions naming this issue, 1995–1996
2 sentences

1996Should the hearsay evidence not fall within a firmly rooted exception to the rule against the *854 admission of hearsay, it may nevertheless survive Confrontation Clause scrutiny for reliability “ ‘if it is supported by a “showing of particularized guarantees of trustworthiness.” ’ ” Id.

1996While the analyst’s certificate is presumptively unreliable and inadmissible for Confrontation Clause purposes since it does not fall within a firmly rooted exception to the hearsay rule (Idaho v. Wright, supra, 497 U. S. at 817 ), that defect can be cured, for purposes of the Confrontation Clause, by a showing by the hearsay proponent of the “particularized guarantees of trustworthiness” drawn from the totality of circumstances surrounding the making of the hearsay.

12
DeLoach v. Stategreen
ga · 2000 · cited in 1 Georgia opinions naming this issue, 2004–2004
2 sentences

2004See also Keller v. State, 275 Ga. 680 , 571 S.E.2d 806 (2002). [2] See In the Interest of C.W., 227 Ga.App. 763, 767-768 (3), 490 S.E.2d 442 (1997). [3] Miller v. State, 266 Ga. 850, 856 , 472 S.E.2d 74 (1996) (unconstitutional to introduce a sworn affidavit into evidence against a criminal defendant, in contravention of the defendant's constitutional guaranty that he be confronted with the witnesses against him). [4] Shapiro v. State, 233 Ga.App. 620, 622 (3), 504 S.E.2d 719 (1998) (DPS records at issue "are public records which allow a court to `infer reliability when the hearsay falls withi

2004See also Keller v. State, 275 Ga. 680 , 571 S.E.2d 806 (2002). [2] See In the Interest of C.W., 227 Ga.App. 763, 767-768 (3), 490 S.E.2d 442 (1997). [3] Miller v. State, 266 Ga. 850, 856 , 472 S.E.2d 74 (1996) (unconstitutional to introduce a sworn affidavit into evidence against a criminal defendant, in contravention of the defendant's constitutional guaranty that he be confronted with the witnesses against him). [4] Shapiro v. State, 233 Ga.App. 620, 622 (3), 504 S.E.2d 719 (1998) (DPS records at issue "are public records which allow a court to `infer reliability when the hearsay falls withi

11
Miller v. Stategreen
ga · 1996 · cited in 1 Georgia opinions naming this issue, 2004–2004
2 sentences

2004See also Keller v. State, 275 Ga. 680 , 571 S.E.2d 806 (2002). [2] See In the Interest of C.W., 227 Ga.App. 763, 767-768 (3), 490 S.E.2d 442 (1997). [3] Miller v. State, 266 Ga. 850, 856 , 472 S.E.2d 74 (1996) (unconstitutional to introduce a sworn affidavit into evidence against a criminal defendant, in contravention of the defendant's constitutional guaranty that he be confronted with the witnesses against him). [4] Shapiro v. State, 233 Ga.App. 620, 622 (3), 504 S.E.2d 719 (1998) (DPS records at issue "are public records which allow a court to `infer reliability when the hearsay falls withi

2004See also Keller v. State, 275 Ga. 680 , 571 S.E.2d 806 (2002). [2] See In the Interest of C.W., 227 Ga.App. 763, 767-768 (3), 490 S.E.2d 442 (1997). [3] Miller v. State, 266 Ga. 850, 856 , 472 S.E.2d 74 (1996) (unconstitutional to introduce a sworn affidavit into evidence against a criminal defendant, in contravention of the defendant's constitutional guaranty that he be confronted with the witnesses against him). [4] Shapiro v. State, 233 Ga.App. 620, 622 (3), 504 S.E.2d 719 (1998) (DPS records at issue "are public records which allow a court to `infer reliability when the hearsay falls withi

11
Brown v. Stategreen
gactapp · 2001 · cited in 1 Georgia opinions naming this issue, 2004–2004
2 sentences

2004See also Keller v. State, 275 Ga. 680 , 571 S.E.2d 806 (2002). [2] See In the Interest of C.W., 227 Ga.App. 763, 767-768 (3), 490 S.E.2d 442 (1997). [3] Miller v. State, 266 Ga. 850, 856 , 472 S.E.2d 74 (1996) (unconstitutional to introduce a sworn affidavit into evidence against a criminal defendant, in contravention of the defendant's constitutional guaranty that he be confronted with the witnesses against him). [4] Shapiro v. State, 233 Ga.App. 620, 622 (3), 504 S.E.2d 719 (1998) (DPS records at issue "are public records which allow a court to `infer reliability when the hearsay falls withi

2004See also Keller v. State, 275 Ga. 680 , 571 S.E.2d 806 (2002). [2] See In the Interest of C.W., 227 Ga.App. 763, 767-768 (3), 490 S.E.2d 442 (1997). [3] Miller v. State, 266 Ga. 850, 856 , 472 S.E.2d 74 (1996) (unconstitutional to introduce a sworn affidavit into evidence against a criminal defendant, in contravention of the defendant's constitutional guaranty that he be confronted with the witnesses against him). [4] Shapiro v. State, 233 Ga.App. 620, 622 (3), 504 S.E.2d 719 (1998) (DPS records at issue "are public records which allow a court to `infer reliability when the hearsay falls withi

11
Nelson v. Stategreen
gactapp · 2002 · cited in 1 Georgia opinions naming this issue, 2004–2004
2 sentences

2004See also Keller v. State, 275 Ga. 680 , 571 S.E.2d 806 (2002). [2] See In the Interest of C.W., 227 Ga.App. 763, 767-768 (3), 490 S.E.2d 442 (1997). [3] Miller v. State, 266 Ga. 850, 856 , 472 S.E.2d 74 (1996) (unconstitutional to introduce a sworn affidavit into evidence against a criminal defendant, in contravention of the defendant's constitutional guaranty that he be confronted with the witnesses against him). [4] Shapiro v. State, 233 Ga.App. 620, 622 (3), 504 S.E.2d 719 (1998) (DPS records at issue "are public records which allow a court to `infer reliability when the hearsay falls withi

2004See also Keller v. State, 275 Ga. 680 , 571 S.E.2d 806 (2002). [2] See In the Interest of C.W., 227 Ga.App. 763, 767-768 (3), 490 S.E.2d 442 (1997). [3] Miller v. State, 266 Ga. 850, 856 , 472 S.E.2d 74 (1996) (unconstitutional to introduce a sworn affidavit into evidence against a criminal defendant, in contravention of the defendant's constitutional guaranty that he be confronted with the witnesses against him). [4] Shapiro v. State, 233 Ga.App. 620, 622 (3), 504 S.E.2d 719 (1998) (DPS records at issue "are public records which allow a court to `infer reliability when the hearsay falls withi

11
Buggay v. Stategreen
gactapp · 2003 · cited in 1 Georgia opinions naming this issue, 2004–2004
2 sentences

2004See also Keller v. State, 275 Ga. 680 , 571 S.E.2d 806 (2002). [2] See In the Interest of C.W., 227 Ga.App. 763, 767-768 (3), 490 S.E.2d 442 (1997). [3] Miller v. State, 266 Ga. 850, 856 , 472 S.E.2d 74 (1996) (unconstitutional to introduce a sworn affidavit into evidence against a criminal defendant, in contravention of the defendant's constitutional guaranty that he be confronted with the witnesses against him). [4] Shapiro v. State, 233 Ga.App. 620, 622 (3), 504 S.E.2d 719 (1998) (DPS records at issue "are public records which allow a court to `infer reliability when the hearsay falls withi

2004See also Keller v. State, 275 Ga. 680 , 571 S.E.2d 806 (2002). [2] See In the Interest of C.W., 227 Ga.App. 763, 767-768 (3), 490 S.E.2d 442 (1997). [3] Miller v. State, 266 Ga. 850, 856 , 472 S.E.2d 74 (1996) (unconstitutional to introduce a sworn affidavit into evidence against a criminal defendant, in contravention of the defendant's constitutional guaranty that he be confronted with the witnesses against him). [4] Shapiro v. State, 233 Ga.App. 620, 622 (3), 504 S.E.2d 719 (1998) (DPS records at issue "are public records which allow a court to `infer reliability when the hearsay falls withi

11
State v. Brodiegreen
gactapp · 1995 · cited in 1 Georgia opinions naming this issue, 2004–2004
2 sentences

2004See also Keller v. State, 275 Ga. 680 , 571 S.E.2d 806 (2002). [2] See In the Interest of C.W., 227 Ga.App. 763, 767-768 (3), 490 S.E.2d 442 (1997). [3] Miller v. State, 266 Ga. 850, 856 , 472 S.E.2d 74 (1996) (unconstitutional to introduce a sworn affidavit into evidence against a criminal defendant, in contravention of the defendant's constitutional guaranty that he be confronted with the witnesses against him). [4] Shapiro v. State, 233 Ga.App. 620, 622 (3), 504 S.E.2d 719 (1998) (DPS records at issue "are public records which allow a court to `infer reliability when the hearsay falls withi

2004See also Keller v. State, 275 Ga. 680 , 571 S.E.2d 806 (2002). [2] See In the Interest of C.W., 227 Ga.App. 763, 767-768 (3), 490 S.E.2d 442 (1997). [3] Miller v. State, 266 Ga. 850, 856 , 472 S.E.2d 74 (1996) (unconstitutional to introduce a sworn affidavit into evidence against a criminal defendant, in contravention of the defendant's constitutional guaranty that he be confronted with the witnesses against him). [4] Shapiro v. State, 233 Ga.App. 620, 622 (3), 504 S.E.2d 719 (1998) (DPS records at issue "are public records which allow a court to `infer reliability when the hearsay falls withi

11
Keller v. Stategreen
ga · 2002 · cited in 1 Georgia opinions naming this issue, 2004–2004
2 sentences

2004See also Keller v. State, 275 Ga. 680 , 571 S.E.2d 806 (2002). [2] See In the Interest of C.W., 227 Ga.App. 763, 767-768 (3), 490 S.E.2d 442 (1997). [3] Miller v. State, 266 Ga. 850, 856 , 472 S.E.2d 74 (1996) (unconstitutional to introduce a sworn affidavit into evidence against a criminal defendant, in contravention of the defendant's constitutional guaranty that he be confronted with the witnesses against him). [4] Shapiro v. State, 233 Ga.App. 620, 622 (3), 504 S.E.2d 719 (1998) (DPS records at issue "are public records which allow a court to `infer reliability when the hearsay falls withi

2004See also Keller v. State, 275 Ga. 680 , 571 S.E.2d 806 (2002). [2] See In the Interest of C.W., 227 Ga.App. 763, 767-768 (3), 490 S.E.2d 442 (1997). [3] Miller v. State, 266 Ga. 850, 856 , 472 S.E.2d 74 (1996) (unconstitutional to introduce a sworn affidavit into evidence against a criminal defendant, in contravention of the defendant's constitutional guaranty that he be confronted with the witnesses against him). [4] Shapiro v. State, 233 Ga.App. 620, 622 (3), 504 S.E.2d 719 (1998) (DPS records at issue "are public records which allow a court to `infer reliability when the hearsay falls withi

11
Hawkins v. Stategreen
gactapp · 1996 · cited in 1 Georgia opinions naming this issue, 2004–2004
2 sentences

2004See also Keller v. State, 275 Ga. 680 , 571 S.E.2d 806 (2002). [2] See In the Interest of C.W., 227 Ga.App. 763, 767-768 (3), 490 S.E.2d 442 (1997). [3] Miller v. State, 266 Ga. 850, 856 , 472 S.E.2d 74 (1996) (unconstitutional to introduce a sworn affidavit into evidence against a criminal defendant, in contravention of the defendant's constitutional guaranty that he be confronted with the witnesses against him). [4] Shapiro v. State, 233 Ga.App. 620, 622 (3), 504 S.E.2d 719 (1998) (DPS records at issue "are public records which allow a court to `infer reliability when the hearsay falls withi

2004See also Keller v. State, 275 Ga. 680 , 571 S.E.2d 806 (2002). [2] See In the Interest of C.W., 227 Ga.App. 763, 767-768 (3), 490 S.E.2d 442 (1997). [3] Miller v. State, 266 Ga. 850, 856 , 472 S.E.2d 74 (1996) (unconstitutional to introduce a sworn affidavit into evidence against a criminal defendant, in contravention of the defendant's constitutional guaranty that he be confronted with the witnesses against him). [4] Shapiro v. State, 233 Ga.App. 620, 622 (3), 504 S.E.2d 719 (1998) (DPS records at issue "are public records which allow a court to `infer reliability when the hearsay falls withi

11
Smith v. Stategreen
ga · 1976 · cited in 1 Georgia opinions naming this issue, 2004–2004
2 sentences

2004See also Keller v. State, 275 Ga. 680 , 571 S.E.2d 806 (2002). [2] See In the Interest of C.W., 227 Ga.App. 763, 767-768 (3), 490 S.E.2d 442 (1997). [3] Miller v. State, 266 Ga. 850, 856 , 472 S.E.2d 74 (1996) (unconstitutional to introduce a sworn affidavit into evidence against a criminal defendant, in contravention of the defendant's constitutional guaranty that he be confronted with the witnesses against him). [4] Shapiro v. State, 233 Ga.App. 620, 622 (3), 504 S.E.2d 719 (1998) (DPS records at issue "are public records which allow a court to `infer reliability when the hearsay falls withi

2004See also Keller v. State, 275 Ga. 680 , 571 S.E.2d 806 (2002). [2] See In the Interest of C.W., 227 Ga.App. 763, 767-768 (3), 490 S.E.2d 442 (1997). [3] Miller v. State, 266 Ga. 850, 856 , 472 S.E.2d 74 (1996) (unconstitutional to introduce a sworn affidavit into evidence against a criminal defendant, in contravention of the defendant's constitutional guaranty that he be confronted with the witnesses against him). [4] Shapiro v. State, 233 Ga.App. 620, 622 (3), 504 S.E.2d 719 (1998) (DPS records at issue "are public records which allow a court to `infer reliability when the hearsay falls withi

11
Salahuddin v. Stategreen
ga · 2004 · cited in 1 Georgia opinions naming this issue, 2004–2004
2 sentences

2004See also Keller v. State, 275 Ga. 680 , 571 S.E.2d 806 (2002). [2] See In the Interest of C.W., 227 Ga.App. 763, 767-768 (3), 490 S.E.2d 442 (1997). [3] Miller v. State, 266 Ga. 850, 856 , 472 S.E.2d 74 (1996) (unconstitutional to introduce a sworn affidavit into evidence against a criminal defendant, in contravention of the defendant's constitutional guaranty that he be confronted with the witnesses against him). [4] Shapiro v. State, 233 Ga.App. 620, 622 (3), 504 S.E.2d 719 (1998) (DPS records at issue "are public records which allow a court to `infer reliability when the hearsay falls withi

2004See also Keller v. State, 275 Ga. 680 , 571 S.E.2d 806 (2002). [2] See In the Interest of C.W., 227 Ga.App. 763, 767-768 (3), 490 S.E.2d 442 (1997). [3] Miller v. State, 266 Ga. 850, 856 , 472 S.E.2d 74 (1996) (unconstitutional to introduce a sworn affidavit into evidence against a criminal defendant, in contravention of the defendant's constitutional guaranty that he be confronted with the witnesses against him). [4] Shapiro v. State, 233 Ga.App. 620, 622 (3), 504 S.E.2d 719 (1998) (DPS records at issue "are public records which allow a court to `infer reliability when the hearsay falls withi

11
In Interest of Cwgreen
gactapp · 1997 · cited in 1 Georgia opinions naming this issue, 2004–2004
2 sentences

2004See also Keller v. State, 275 Ga. 680 , 571 S.E.2d 806 (2002). [2] See In the Interest of C.W., 227 Ga.App. 763, 767-768 (3), 490 S.E.2d 442 (1997). [3] Miller v. State, 266 Ga. 850, 856 , 472 S.E.2d 74 (1996) (unconstitutional to introduce a sworn affidavit into evidence against a criminal defendant, in contravention of the defendant's constitutional guaranty that he be confronted with the witnesses against him). [4] Shapiro v. State, 233 Ga.App. 620, 622 (3), 504 S.E.2d 719 (1998) (DPS records at issue "are public records which allow a court to `infer reliability when the hearsay falls withi

2004See also Keller v. State, 275 Ga. 680 , 571 S.E.2d 806 (2002). [2] See In the Interest of C.W., 227 Ga.App. 763, 767-768 (3), 490 S.E.2d 442 (1997). [3] Miller v. State, 266 Ga. 850, 856 , 472 S.E.2d 74 (1996) (unconstitutional to introduce a sworn affidavit into evidence against a criminal defendant, in contravention of the defendant's constitutional guaranty that he be confronted with the witnesses against him). [4] Shapiro v. State, 233 Ga.App. 620, 622 (3), 504 S.E.2d 719 (1998) (DPS records at issue "are public records which allow a court to `infer reliability when the hearsay falls withi

11
Gill v. Bowmangreen
gactapp · 1991 · cited in 1 Georgia opinions naming this issue, 1998–1998
2 sentences

1998See also Gill v. Bowman, 201 Ga. App. 308 ( 410 SE2d 780 ) (1991); Love v. Hardison, 166 Ga. App. 677 ( 305 SE2d 420 ) (1983).

1998See also Gill v. Bowman, 201 Ga. App. 308 ( 410 SE2d 780 ) (1991); Love v. Hardison, 166 Ga. App. 677 ( 305 SE2d 420 ) (1983).

11
Higgs v. Stategreen
ga · 1987 · cited in 1 Georgia opinions naming this issue, 1996–1996
2 sentences

1996See Higgs v. State, 256 Ga. 606, 609 ( 351 SE2d 448 ) (1987); Barnett v. State, 211 Ga. App. 651, 652 ( 440 SE2d 247 ) (1994).

1996See Higgs v. State, 256 Ga. 606, 609 ( 351 SE2d 448 ) (1987); Barnett v. State, 211 Ga. App. 651, 652 ( 440 SE2d 247 ) (1994).

11
Barnett v. Stategreen
gactapp · 1994 · cited in 1 Georgia opinions naming this issue, 1996–1996
2 sentences

1996See Higgs v. State, 256 Ga. 606, 609 ( 351 SE2d 448 ) (1987); Barnett v. State, 211 Ga. App. 651, 652 ( 440 SE2d 247 ) (1994).

1996See Higgs v. State, 256 Ga. 606, 609 ( 351 SE2d 448 ) (1987); Barnett v. State, 211 Ga. App. 651, 652 ( 440 SE2d 247 ) (1994).

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 (3)

CaseCitedYears
Bowers v. Southern Railway Co. green
gactapp · 1912
2 sentences

2004Co., 10 Ga.App. 367, 374 , 73 S.E. 677 (1912).

2004Co., 10 Ga.App. 367, 374 , 73 S.E. 677 (1912).

12004–2004
Love v. Hardison green
gactapp · 1983
2 sentences

1998See also Gill v. Bowman, 201 Ga. App. 308 ( 410 SE2d 780 ) (1991); Love v. Hardison, 166 Ga. App. 677 ( 305 SE2d 420 ) (1983).

1998See also Gill v. Bowman, 201 Ga. App. 308 ( 410 SE2d 780 ) (1991); Love v. Hardison, 166 Ga. App. 677 ( 305 SE2d 420 ) (1983).

11998–1998
United States v. Owens green
scotus · 1988
1 sentence

1995Owens, 484 U. S. at 560 ; Idaho v. Wright, 497 U. S. 805, 813-824 (110 SC 3139, 111 LE2d 638) (1990).

11995–1995

Statutes the citing opinions construe

GA § 24-3-1 (3) GA § 24-3-5 (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 47 (1987–2017) OH 30 (1992–2012) CA 22 (1993–2023) VA 21 (1996–2020) IL 20 (1989–2024) NM 17 (1996–2017) WA 17 (1998–2009) CO 17 (1993–2026) PA 15 (1990–2026) NC 14 (1994–2009) LA 12 (1995–2017) AL 12 (1994–2026) FL 11 (1988–2019) MO 11 (1898–2007) MN 10 (1991–2006) AZ 10 (1990–2003) GA 9 (1995–2011) MD 9 (1988–2016) CT 8 (1992–2010) MA 7 (1994–2025) WY 7 (1997–2022) TN 7 (2002–2010) DE 7 (1998–2017) SC 7 (1995–2006) IN 7 (1994–2010) WI 6 (1982–2002) MI 6 (1991–2020) DC 6 (1996–2009) KY 6 (2001–2006) OK 5 (1996–2014) IA 4 (1994–2005) SD 4 (1986–2000) MT 3 (2001–2006) WV 3 (1999–2003) HI 3 (1992–2018) ME 2 (1995–2003) ID 2 (1999–2001) MS 2 (2000–2004) OR 2 (1993–2000) KS 2 (2001–2005) NE 2 (1993–2000) AK 2 (1994–1994)

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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