irrebuttable presumption (Georgia) · Go Syfert
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irrebuttable presumption in Georgia

9 Georgia opinions name it 2 courts 1981–2019 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 (4)

CaseFollowedCited
Chan v. Ellisgreen
ga · 2015 · cited in 2 Georgia opinions naming this issue, 2017–2017
2 sentences

2017“A statute draws its meaning, of course, from its text.” (Citation omitted.) Chan v. Ellis, 296 Ga. 838, 839 ( 770 SE2d 851 ) (2015).

2017“A statute draws its meaning, of course, from its text.” (Citation omitted.) Chan v. Ellis, 296 Ga. 838, 839 ( 770 SE2d 851 ) (2015).

22
Summerlin v. Johnsongreen
gactapp · 1985 · cited in 2 Georgia opinions naming this issue, 1989–2000
2 sentences

2000“If such a substantial relationship between the cases is shown, the court will then irrebuttably presume that during the course of the former representation confidences were disclosed to the attorney bearing on the subject matter of the representation.” (Citations omitted.) Summerlin v. Johnson, 176 Ga. App. 336, 338 (1) ( 335 SE2d 879 ) (1985).

2000“If such a substantial relationship between the cases is shown, the court will then irrebuttably presume that during the course of the former representation confidences were disclosed to the attorney bearing on the subject matter of the representation.” (Citations omitted.) Summerlin v. Johnson, 176 Ga. App. 336, 338 (1) ( 335 SE2d 879 ) (1985).

12
Hardy v. Stategreen
ga · 1978 · cited in 1 Georgia opinions naming this issue, 1994–1994
2 sentences

1994See Hardy v. State, 242 Ga. 702, 704 (3) ( 251 SE2d 289 ) (1978).

1994See Hardy v. State, 242 Ga. 702, 704 (3) ( 251 SE2d 289 ) (1978).

11
Stanley v. Illinoisgreen
scotus · 1972 · cited in 1 Georgia opinions naming this issue, 1994–1994
2 sentences

1994See also Stanley v. Illinois, 405 U. S. 645, 658 (92 SC 1208, 31 LE2d 551) (1972) (irrebuttable presumption that an unwed father was unfit to receive custody of his children upon the death of their mother was declared to be an unconstitutional deprivation of due process and equal protection). [3] See also Fla. Stat. Ann. § 794.05 (gender neutral); Ill.

1994See also Stanley v. Illinois, 405 U. S. 645, 658 (92 SC 1208, 31 LE2d 551) (1972) (irrebuttable presumption that an unwed father was unfit to receive custody of his children upon the death of their mother was declared to be an unconstitutional deprivation of due process and equal protection).

11

Distinguished, questioned or overruled (2)

CaseNegativeCited
McMillen v. Klingensmithgreen
tex · 1971 · cited in 1 Georgia opinions naming this issue, 1982–1982
2 sentences

1982As in Lowery , the present case involves successive, not joint tortfeasors. [2] But see Young v. State, 455 P2d 889 (Alaska Sup. Ct. 1969), and McMillen v. Klingensmith, 467 SW2d 193 (Tex. Sup. Ct. 1971), which appear to erect an irrebuttable presumption of noncoverage as to parties not specifically named in the release.

1982But see Young v. State, 455 P2d 889 (Alaska Sup. Ct. 1969), and McMillen v. Klingensmith, 467 SW2d 193 (Tex. Sup. Ct. 1971), which appear to erect an irrebuttable presumption of noncoverage as to parties not specifically named in the release.

11
Young v. Stategreen
alaska · 1969 · cited in 1 Georgia opinions naming this issue, 1982–1982
2 sentences

1982As in Lowery , the present case involves successive, not joint tortfeasors. [2] But see Young v. State, 455 P2d 889 (Alaska Sup. Ct. 1969), and McMillen v. Klingensmith, 467 SW2d 193 (Tex. Sup. Ct. 1971), which appear to erect an irrebuttable presumption of noncoverage as to parties not specifically named in the release.

1982But see Young v. State, 455 P2d 889 (Alaska Sup. Ct. 1969), and McMillen v. Klingensmith, 467 SW2d 193 (Tex. Sup. Ct. 1971), which appear to erect an irrebuttable presumption of noncoverage as to parties not specifically named in the release.

11

Also cited on this issue (6)

CaseCitedYears
Patton v. Vanterpool green
ga · 2017
2 sentences

2019Patton v. Vanterpool, 302 Ga. 253 ( 806 SE2d 493 ) (2017).

2019Patton v. Vanterpool, 302 Ga. 253 ( 806 SE2d 493 ) (2017).

12019–2019
Okoli v. Okoli green
massappct · 2012
1 sentence

2017That decision, however, along with others from that state, including Okoli v. Okoli, 963 NE2d 730 (Mass. Ct. App. 2012), simply conclude, without significant discussion or analysis, that, under MGLA 46 § 4B, the term “artificial insemination” encompasses IVF.

12017–2017
Vlandis v. Kline green
scotus · 1973
2 sentences

2017While Georgia law favors legitimation, OCGA § 19-7-21 creates an irrebuttable presumption, which is generally disfavored in the law, see Vlandis v. Kline, 412 U. S. 441 ( 93 SCt 2230 , 37 LE2d 63) (1973), and our interpretation maintains the bounds of the plain language of the statute.

2017While Georgia law favors legitimation, OCGA § 19-7-21 creates an irrebuttable presumption, which is generally disfavored in the law, see Vlandis v. Kline, 412 U. S. 441 ( 93 SCt 2230 , 37 LE2d 63) (1973), and our interpretation maintains the bounds of the plain language of the statute.

12017–2017
Adoption of a Minor green
mass · 2015
1 sentence

2017While Georgia law favors legitimation, OCGA § 19-7-21 creates an irrebuttable presumption, 6 In support of her position that “artificial insemination” encompasses “in vitro fertilization,” Appellee points to In re Adoption of a Minor, 29 NE3d 830 (Mass. 2015), a decision out of the highest court in Massachusetts interpreting MGLA 46 § 4B, which is similar to OCGA § 19-7-21.

12017–2017
Davenport v. State green
gactapp · 1981
2 sentences

1989Summerlin v. Johnson, 176 Ga. App. 336 (1) ( 335 SE2d 879 ) (1985); Davenport v. State, 157 Ga. App. 704 (1) ( 278 SE2d 440 ) (1981).

1989Summerlin v. Johnson, 176 Ga. App. 336 (1) ( 335 SE2d 879 ) (1985); Davenport v. State, 157 Ga. App. 704 (1) ( 278 SE2d 440 ) (1981).

11989–1989
Sandstrom v. Montana green
scotus · 1979
1 sentence

1981He argues furthermore that the Code section makes the confession admissible once the “featherweight” determination of voluntariness has been made for all purposes thereby creating an irrebuttable presumption of “reliability” in violation of the rule of Sandstrom v. Montana, 442 U. S. 510 (99 SC 2450, 61 LE2d 39) (1979).

11981–1981

Statutes the citing opinions construe

GA § 19-7-20 (3) GA § 19-7-21 (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

PA 152 (1900–2026) TX 115 (1968–2026) NC 76 (1907–2023) OH 75 (1974–2026) NY 59 (1924–2024) IL 42 (1894–2024) FL 36 (1947–2024) NJ 30 (1911–2026) CA 25 (1937–2025) TN 23 (1997–2018) MS 23 (1992–2020) MI 22 (1936–2026) LA 21 (1977–2024) IA 19 (1977–2023) AZ 18 (1906–2024) WA 17 (1932–2017) MD 17 (1946–2012) CT 16 (1981–2025) CO 16 (1887–2021) NM 15 (1974–2025) MN 14 (1903–2013) WI 14 (1978–2022) NE 13 (1977–2013) IN 12 (1980–2017) WY 11 (1977–2024) AL 10 (1990–2007) HI 10 (1972–2023) MO 9 (1978–2020) GA 9 (1981–2019) DE 9 (1959–2023) OK 8 (1935–2016) OR 8 (1914–2025) SC 7 (1963–2012) VA 6 (1983–2013) VT 5 (1978–2024) KS 5 (1995–2026) NH 5 (1986–2017) AK 5 (1979–1998) MA 5 (1975–2017) DC 5 (1978–2007) KY 4 (1994–1999) ID 4 (2022–2026) MT 4 (1975–2010) NV 4 (2018–2018) UT 3 (1983–1989) ND 2 (1984–1991) WV 2 (1949–1985) SD 2 (1943–1985) AR 2 (1985–2010)

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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