properly preserved claim (Georgia) · Go Syfert
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properly preserved claim in Georgia

9 Georgia opinions name it 2 courts 2023–2026 9 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 (7)

CaseFollowedCited
Eubanks v. Stategreen
ga · 2023 · cited in 4 Georgia opinions naming this issue, 2024–2025
2 sentences

2024“We review de novo a properly preserved claim that a trial court erred in refusing to instruct the jury on an applicable principle of law.” Eubanks v. State, 317 Ga. 563, 581 (3) (b) ( 894 SE2d 27 ) (2023) (citation and punctuation omitted). (a) Self-Defense Williams argues that the evidence showed that she was 8 During closing argument, trial counsel argued that Swinson broke into Williams’s house, stayed despite her request to leave, and “thr[e]w her around” before she got the gun and told him to “get the F out.” Counsel also argued that Williams did not intend to kill Swinson and that the g

2024“Whether the evidence presented is sufficient to authorize the giving of a jury charge is a question of law,” Gray v. State, 319 Ga. 72, 75 (2) (901 SE2d 556) (2024) (cleaned up), and “[w]e review de novo a properly preserved claim that a trial court erred in refusing to instruct the jury on an applicable principle of law.” Eubanks v. State, 317 Ga. 563, 581 (3) (b) (894 SE2d 27) (2023) (citation and punctuation omitted).

44
Johnson v. Stategreen
ga · 2024 · cited in 2 Georgia opinions naming this issue, 2024–2024
2 sentences

2024“Although a defendant may assert both the defense of accident and the defense of self-defense, the defendant is entitled to charges on both only if slight evidence supports both charges.” Johnson v. State, 319 Ga. 562, 570 (1) (c) ( 905 SE2d 570 ) (2024).

2024“Although a defendant may assert both the defense of accident and the defense of self-defense, the defendant is entitled to charges on both only if slight evidence supports both charges.” Johnson v. State, 319 Ga. 562, 570 (1) (c) ( 905 SE2d 570 ) (2024).

22
Reese v. Stategreen
ga · 2022 · cited in 2 Georgia opinions naming this issue, 2023–2023
2 sentences

2023See Reese v. State, 314 Ga. 871, 879-880 (2) (880 SE2d 117) (2022).

2023See Reese v. State, 314 Ga. 871, 879-880 (2) (880 SE2d 117) (2022).

22
Wilson v. Stategreen
ga · 2023 · cited in 2 Georgia opinions naming this issue, 2023–2023
2 sentences

2023We must “review de novo a properly preserved claim that a trial court erred in refusing to instruct the jury on an applicable principle of law.” Wilson v. State, Ga. (5) ( 883 SE2d 802 ) (2023).

2023“We review de novo a properly preserved claim that a trial court erred in refusing to instruct the jury on an applicable principle of law.” (Citation omitted.) Wilson v. State, 315 Ga. 728, 734 (5) ( 883 SE2d 802 ) (2023).

12
Bates v. Stategreen
ga · 2023 · cited in 1 Georgia opinions naming this issue, 2026–2026
1 sentence

2026See OCGA § 17-8-58(a); Bates v. State, 317 Ga. 809, 819 (2023).

11
Gray v. Stategreen
ga · 2024 · cited in 1 Georgia opinions naming this issue, 2024–2024
2 sentences

2024“Whether the evidence presented is sufficient to authorize the giving of a jury charge is a question of law,” Gray v. State, 319 Ga. 72, 75 (2) (901 SE2d 556) (2024) (cleaned up), and “[w]e review de novo a properly preserved claim that a trial court erred in refusing to instruct the jury on an applicable principle of law.” Eubanks v. State, 317 Ga. 563, 581 (3) (b) (894 SE2d 27) (2023) (citation and punctuation omitted).

2024“Whether the evidence presented is sufficient to authorize the giving of a jury charge is a question of law,” Gray v. State, 319 Ga. 72, 75 (2) (901 SE2d 556) (2024) (cleaned up), and “[w]e review de novo a properly preserved claim that a trial court erred in refusing to instruct the jury on an applicable principle of law.” Eubanks v. State, 317 Ga. 563, 581 (3) (b) (894 SE2d 27) (2023) (citation and punctuation omitted).

11
Clark v. Stategreen
ga · 2023 · cited in 1 Georgia opinions naming this issue, 2023–2023
1 sentence

2023“In evaluating a claim that the trial court was required to give certain jury instructions, we view the charge as a whole to determine whether the jury was fully and fairly instructed.” (Citation and punctuation omitted.) Clark v. State, 315 Ga. 423, 440 (4) ( 883 SE2d 317 ) (2023).

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 (1)

CaseCitedYears
In the Matter of Debra Kaye Scott green
ga · 2023
1 sentence

2023“In evaluating a claim that the trial court was required to give certain jury instructions, we view the charge as a whole to determine whether the jury was fully and fairly instructed.” (Citation and punctuation omitted.) Clark v. State, 315 Ga. 423, 440 (4) ( 883 SE2d 317 ) (2023).

12023–2023

Statutes the citing opinions construe

GA § 16-3-21 (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

TX 139 (1986–2025) IN 64 (1997–2024) GA 9 (2023–2026) ME 7 (1991–2020) MO 5 (2005–2011) PA 4 (1989–2018) CT 4 (1989–2004) CA 3 (1992–2025) WA 3 (2000–2015) MA 2 (2016–2017) NC 2 (2020–2020) ID 2 (1990–1992) MI 2 (1993–2014) CO 2 (2000–2025) NY 2 (2002–2018)

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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