prosecuting attorney defense (Georgia) · Go Syfert
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prosecuting attorney defense in Georgia

9 Georgia opinions name it 2 courts 1977–2024 2 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 (15)

CaseFollowedCited
Smith v. Stategreen
ga · 2010 · cited in 3 Georgia opinions naming this issue, 2019–2024
2 sentences

2024This information may be developed by questions from the judge, the prosecuting attorney or the defense attorney or a combination of any of these. 63 SE2d 414) (2013); Phelps v. State, 293 Ga. 873, 878 (II) (b) n.5 (750 SE2d 340) (2013); Smith v. State, 287 Ga. 391, 394 (2) (a) (697 SE2d 177) (2010); Adams v. State, 285 Ga. 744, 746-747 (3) (683 SE2d 586) (2009).

2024This information may be developed by questions from the judge, the prosecuting attorney or the defense attorney or a combination of any of these. 63 SE2d 414) (2013); Phelps v. State, 293 Ga. 873, 878 (II) (b) n.5 (750 SE2d 340) (2013); Smith v. State, 287 Ga. 391, 394 (2) (a) (697 SE2d 177) (2010); Adams v. State, 285 Ga. 744, 746-747 (3) (683 SE2d 586) (2009).

23
Phelps v. Stategreen
ga · 2013 · cited in 1 Georgia opinions naming this issue, 2024–2024
2 sentences

2024This information may be developed by questions from the judge, the prosecuting attorney or the defense attorney or a combination of any of these. 63 SE2d 414) (2013); Phelps v. State, 293 Ga. 873, 878 (II) (b) n.5 (750 SE2d 340) (2013); Smith v. State, 287 Ga. 391, 394 (2) (a) (697 SE2d 177) (2010); Adams v. State, 285 Ga. 744, 746-747 (3) (683 SE2d 586) (2009).

2024This information may be developed by questions from the judge, the prosecuting attorney or the defense attorney or a combination of any of these. 63 SE2d 414) (2013); Phelps v. State, 293 Ga. 873, 878 (II) (b) n.5 (750 SE2d 340) (2013); Smith v. State, 287 Ga. 391, 394 (2) (a) (697 SE2d 177) (2010); Adams v. State, 285 Ga. 744, 746-747 (3) (683 SE2d 586) (2009).

11
Adams v. Stategreen
ga · 2009 · cited in 1 Georgia opinions naming this issue, 2024–2024
2 sentences

2024This information may be developed by questions from the judge, the prosecuting attorney or the defense attorney or a combination of any of these. 63 SE2d 414) (2013); Phelps v. State, 293 Ga. 873, 878 (II) (b) n.5 (750 SE2d 340) (2013); Smith v. State, 287 Ga. 391, 394 (2) (a) (697 SE2d 177) (2010); Adams v. State, 285 Ga. 744, 746-747 (3) (683 SE2d 586) (2009).

2024This information may be developed by questions from the judge, the prosecuting attorney or the defense attorney or a combination of any of these. 63 SE2d 414) (2013); Phelps v. State, 293 Ga. 873, 878 (II) (b) n.5 (750 SE2d 340) (2013); Smith v. State, 287 Ga. 391, 394 (2) (a) (697 SE2d 177) (2010); Adams v. State, 285 Ga. 744, 746-747 (3) (683 SE2d 586) (2009).

11
Boykin v. Alabamagreen
scotus · 1969 · cited in 1 Georgia opinions naming this issue, 2024–2024
2 sentences

2024When a trial court follows these procedures, thereby “can- vassing the matter with the accused to make sure he has a full un- derstanding of what the plea connotes and of its consequence,” the court “leaves a record adequate for any review that may be later sought.” Boykin, 395 U.S. at 244 .

2024When a trial court follows these procedures, thereby “can- vassing the matter with the accused to make sure he has a full un- derstanding of what the plea connotes and of its consequence,” the court “leaves a record adequate for any review that may be later sought.” Boykin, 395 U.S. at 244.

11
Boccia v. the Stategreen
gactapp · 2016 · cited in 1 Georgia opinions naming this issue, 2024–2024
2 sentences

2024The judge may then indicate to the prosecuting attorney and defense counsel whether the judge will likely concur in the proposed disposition if the information developed in the plea hearing or presented in the presentence report is consistent with the representations made by the parties.” See also Boccia v. State, 335 Ga. App. 687, 697 (4) ( 782 SE2d 792 ) (2016) (“A trial court is not authorized to participate in plea negotiations except to the extent of indicating whether the court is or is not likely to agree with the proposed disposition.”) (punctuation omitted). 11 3.

2024The judge may then indicate to the prosecuting attorney and defense counsel whether the judge will likely concur in the proposed disposition if the information developed in the plea hearing or presented in the presentence report is consistent with the representations made by the parties.” See also Boccia v. State, 335 Ga. App. 687, 697 (4) ( 782 SE2d 792 ) (2016) (“A trial court is not authorized to participate in plea negotiations except to the extent of indicating whether the court is or is not likely to agree with the proposed disposition.”) (punctuation omitted). 11 3.

11
Rickman v. Stategreen
ga · 2003 · cited in 1 Georgia opinions naming this issue, 2007–2007
2 sentences

2007While the Court of Appeals overruled Tilley in Pitmon seven months after appellant’s trial, “in making litigation decisions, there is no general duty on the *782 part of defense counsel to anticipate changes in the law.” Rickman v. State, 277 Ga. 277, 280 ( 587 SE2d 596 ) (2003).

2007While the Court of Appeals overruled Tilley in Pitmon seven months after appellant’s trial, “in making litigation decisions, there is no general duty on the *782 part of defense counsel to anticipate changes in the law.” Rickman v. State, 277 Ga. 277, 280 ( 587 SE2d 596 ) (2003).

11
Todd v. Stategreen
ga · 1991 · cited in 1 Georgia opinions naming this issue, 2005–2005
2 sentences

2005He was present for his Georgia trial as a borrowed prisoner. 3 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 4 Al-Amin v. State, 278 Ga. 74, 85 ( 597 SE2d 332 ) (2004) citing Griffin v. California, 380 U. S. 609, 615 (85 SC 1229, 14 LE2d 106) (1965); OCGA § 24-9-20 (b). 5 LeMay v. State, 265 Ga. 73, 75 ( 453 SE2d 737 ) (1995). 6 Todd v. State, 261 Ga. 766, 768 ( 410 SE2d 725 ) (1991); Cooper v. State, 260 Ga. 549, 550 ( 397 SE2d 705 ) (1990). 7 The Rule states that [a]t the earliest possible opportunity after indictment and before arraignment, the court shall confer with

2005He was present for his Georgia trial as a borrowed prisoner. 3 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 4 Al-Amin v. State, 278 Ga. 74, 85 ( 597 SE2d 332 ) (2004) citing Griffin v. California, 380 U. S. 609, 615 (85 SC 1229, 14 LE2d 106) (1965); OCGA § 24-9-20 (b). 5 LeMay v. State, 265 Ga. 73, 75 ( 453 SE2d 737 ) (1995). 6 Todd v. State, 261 Ga. 766, 768 ( 410 SE2d 725 ) (1991); Cooper v. State, 260 Ga. 549, 550 ( 397 SE2d 705 ) (1990). 7 The Rule states that [a]t the earliest possible opportunity after indictment and before arraignment, the court shall confer with

11
Al-Amin v. Stategreen
ga · 2004 · cited in 1 Georgia opinions naming this issue, 2005–2005
2 sentences

2005He was present for his Georgia trial as a borrowed prisoner. 3 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 4 Al-Amin v. State, 278 Ga. 74, 85 ( 597 SE2d 332 ) (2004) citing Griffin v. California, 380 U. S. 609, 615 (85 SC 1229, 14 LE2d 106) (1965); OCGA § 24-9-20 (b). 5 LeMay v. State, 265 Ga. 73, 75 ( 453 SE2d 737 ) (1995). 6 Todd v. State, 261 Ga. 766, 768 ( 410 SE2d 725 ) (1991); Cooper v. State, 260 Ga. 549, 550 ( 397 SE2d 705 ) (1990). 7 The Rule states that [a]t the earliest possible opportunity after indictment and before arraignment, the court shall confer with

2005He was present for his Georgia trial as a borrowed prisoner. 3 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 4 Al-Amin v. State, 278 Ga. 74, 85 ( 597 SE2d 332 ) (2004) citing Griffin v. California, 380 U. S. 609, 615 (85 SC 1229, 14 LE2d 106) (1965); OCGA § 24-9-20 (b). 5 LeMay v. State, 265 Ga. 73, 75 ( 453 SE2d 737 ) (1995). 6 Todd v. State, 261 Ga. 766, 768 ( 410 SE2d 725 ) (1991); Cooper v. State, 260 Ga. 549, 550 ( 397 SE2d 705 ) (1990). 7 The Rule states that [a]t the earliest possible opportunity after indictment and before arraignment, the court shall confer with

11
Griffin v. Californiagreen
scotus · 1965 · cited in 1 Georgia opinions naming this issue, 2005–2005
1 sentence

2005He was present for his Georgia trial as a borrowed prisoner. 3 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 4 Al-Amin v. State, 278 Ga. 74, 85 ( 597 SE2d 332 ) (2004) citing Griffin v. California, 380 U. S. 609, 615 (85 SC 1229, 14 LE2d 106) (1965); OCGA § 24-9-20 (b). 5 LeMay v. State, 265 Ga. 73, 75 ( 453 SE2d 737 ) (1995). 6 Todd v. State, 261 Ga. 766, 768 ( 410 SE2d 725 ) (1991); Cooper v. State, 260 Ga. 549, 550 ( 397 SE2d 705 ) (1990). 7 The Rule states that [a]t the earliest possible opportunity after indictment and before arraignment, the court shall confer with

11
Cooper v. Stategreen
ga · 1990 · cited in 1 Georgia opinions naming this issue, 2005–2005
2 sentences

2005He was present for his Georgia trial as a borrowed prisoner. 3 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 4 Al-Amin v. State, 278 Ga. 74, 85 ( 597 SE2d 332 ) (2004) citing Griffin v. California, 380 U. S. 609, 615 (85 SC 1229, 14 LE2d 106) (1965); OCGA § 24-9-20 (b). 5 LeMay v. State, 265 Ga. 73, 75 ( 453 SE2d 737 ) (1995). 6 Todd v. State, 261 Ga. 766, 768 ( 410 SE2d 725 ) (1991); Cooper v. State, 260 Ga. 549, 550 ( 397 SE2d 705 ) (1990). 7 The Rule states that [a]t the earliest possible opportunity after indictment and before arraignment, the court shall confer with

2005He was present for his Georgia trial as a borrowed prisoner. 3 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 4 Al-Amin v. State, 278 Ga. 74, 85 ( 597 SE2d 332 ) (2004) citing Griffin v. California, 380 U. S. 609, 615 (85 SC 1229, 14 LE2d 106) (1965); OCGA § 24-9-20 (b). 5 LeMay v. State, 265 Ga. 73, 75 ( 453 SE2d 737 ) (1995). 6 Todd v. State, 261 Ga. 766, 768 ( 410 SE2d 725 ) (1991); Cooper v. State, 260 Ga. 549, 550 ( 397 SE2d 705 ) (1990). 7 The Rule states that [a]t the earliest possible opportunity after indictment and before arraignment, the court shall confer with

11
LeMay v. Stategreen
ga · 1995 · cited in 1 Georgia opinions naming this issue, 2005–2005
2 sentences

2005He was present for his Georgia trial as a borrowed prisoner. 3 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 4 Al-Amin v. State, 278 Ga. 74, 85 ( 597 SE2d 332 ) (2004) citing Griffin v. California, 380 U. S. 609, 615 (85 SC 1229, 14 LE2d 106) (1965); OCGA § 24-9-20 (b). 5 LeMay v. State, 265 Ga. 73, 75 ( 453 SE2d 737 ) (1995). 6 Todd v. State, 261 Ga. 766, 768 ( 410 SE2d 725 ) (1991); Cooper v. State, 260 Ga. 549, 550 ( 397 SE2d 705 ) (1990). 7 The Rule states that [a]t the earliest possible opportunity after indictment and before arraignment, the court shall confer with

2005He was present for his Georgia trial as a borrowed prisoner. 3 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 4 Al-Amin v. State, 278 Ga. 74, 85 ( 597 SE2d 332 ) (2004) citing Griffin v. California, 380 U. S. 609, 615 (85 SC 1229, 14 LE2d 106) (1965); OCGA § 24-9-20 (b). 5 LeMay v. State, 265 Ga. 73, 75 ( 453 SE2d 737 ) (1995). 6 Todd v. State, 261 Ga. 766, 768 ( 410 SE2d 725 ) (1991); Cooper v. State, 260 Ga. 549, 550 ( 397 SE2d 705 ) (1990). 7 The Rule states that [a]t the earliest possible opportunity after indictment and before arraignment, the court shall confer with

11
Bacon v. Stategreen
gactapp · 1991 · cited in 1 Georgia opinions naming this issue, 1993–1993
1 sentence

1993Bacon, 201 Ga. App. at 640 (1) (b).

11
Hicks v. Stategreen
ga · 1974 · cited in 1 Georgia opinions naming this issue, 1977–1977
2 sentences

1977Our appellate courts have assigned various reasons for the amendment providing for the exclusion of a witness’ testimony who is not on the list provided a defendant — even though he is not "a witness on whose testimony the charge against [the defendant] is founded,” unless the prosecuting attorney can claim he is *251 "newly-discovered.” See Hicks v. State, 232 Ga. 393, 399 ( 207 SE2d 30 ); McCorquodale v. State, 233 Ga. 369, 376 ( 211 SE2d 577 ); Upton v. State, 128 Ga. App. 547, 548 (3) ( 197 SE2d 478 ).

1977Our appellate courts have assigned various reasons for the amendment providing for the exclusion of a witness’ testimony who is not on the list provided a defendant — even though he is not "a witness on whose testimony the charge against [the defendant] is founded,” unless the prosecuting attorney can claim he is *251 "newly-discovered.” See Hicks v. State, 232 Ga. 393, 399 ( 207 SE2d 30 ); McCorquodale v. State, 233 Ga. 369, 376 ( 211 SE2d 577 ); Upton v. State, 128 Ga. App. 547, 548 (3) ( 197 SE2d 478 ).

11
Upton v. Stategreen
gactapp · 1973 · cited in 1 Georgia opinions naming this issue, 1977–1977
2 sentences

1977Our appellate courts have assigned various reasons for the amendment providing for the exclusion of a witness’ testimony who is not on the list provided a defendant — even though he is not "a witness on whose testimony the charge against [the defendant] is founded,” unless the prosecuting attorney can claim he is *251 "newly-discovered.” See Hicks v. State, 232 Ga. 393, 399 ( 207 SE2d 30 ); McCorquodale v. State, 233 Ga. 369, 376 ( 211 SE2d 577 ); Upton v. State, 128 Ga. App. 547, 548 (3) ( 197 SE2d 478 ).

1977Our appellate courts have assigned various reasons for the amendment providing for the exclusion of a witness’ testimony who is not on the list provided a defendant — even though he is not "a witness on whose testimony the charge against [the defendant] is founded,” unless the prosecuting attorney can claim he is *251 "newly-discovered.” See Hicks v. State, 232 Ga. 393, 399 ( 207 SE2d 30 ); McCorquodale v. State, 233 Ga. 369, 376 ( 211 SE2d 577 ); Upton v. State, 128 Ga. App. 547, 548 (3) ( 197 SE2d 478 ).

11
McCorquodale v. Stategreen
ga · 1974 · cited in 1 Georgia opinions naming this issue, 1977–1977
2 sentences

1977Our appellate courts have assigned various reasons for the amendment providing for the exclusion of a witness’ testimony who is not on the list provided a defendant — even though he is not "a witness on whose testimony the charge against [the defendant] is founded,” unless the prosecuting attorney can claim he is *251 "newly-discovered.” See Hicks v. State, 232 Ga. 393, 399 ( 207 SE2d 30 ); McCorquodale v. State, 233 Ga. 369, 376 ( 211 SE2d 577 ); Upton v. State, 128 Ga. App. 547, 548 (3) ( 197 SE2d 478 ).

1977Our appellate courts have assigned various reasons for the amendment providing for the exclusion of a witness’ testimony who is not on the list provided a defendant — even though he is not "a witness on whose testimony the charge against [the defendant] is founded,” unless the prosecuting attorney can claim he is *251 "newly-discovered.” See Hicks v. State, 232 Ga. 393, 399 ( 207 SE2d 30 ); McCorquodale v. State, 233 Ga. 369, 376 ( 211 SE2d 577 ); Upton v. State, 128 Ga. App. 547, 548 (3) ( 197 SE2d 478 ).

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
Jones v. State neutral
gactapp · 1951
1 sentence

2024This information may be developed by questions from the judge, the prosecuting attorney or the defense attorney or a combination of any of these. 63 SE2d 414) (2013); Phelps v. State, 293 Ga. 873, 878 (II) (b) n.5 (750 SE2d 340) (2013); Smith v. State, 287 Ga. 391, 394 (2) (a) (697 SE2d 177) (2010); Adams v. State, 285 Ga. 744, 746-747 (3) (683 SE2d 586) (2009).

12024–2024
Jackson v. Virginia red
scotus · 1979
1 sentence

2005He was present for his Georgia trial as a borrowed prisoner. 3 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 4 Al-Amin v. State, 278 Ga. 74, 85 ( 597 SE2d 332 ) (2004) citing Griffin v. California, 380 U. S. 609, 615 (85 SC 1229, 14 LE2d 106) (1965); OCGA § 24-9-20 (b). 5 LeMay v. State, 265 Ga. 73, 75 ( 453 SE2d 737 ) (1995). 6 Todd v. State, 261 Ga. 766, 768 ( 410 SE2d 725 ) (1991); Cooper v. State, 260 Ga. 549, 550 ( 397 SE2d 705 ) (1990). 7 The Rule states that [a]t the earliest possible opportunity after indictment and before arraignment, the court shall confer with

12005–2005
Lashley v. State green
gactapp · 1974
1 sentence

1984During the course of argument concerning whether the defense cross-examination of the sister-in-law was relevant (Division 2, supra), the prosecuting attorney stated that defense counsel was “creating the impression from some say-out (sic) reason it gave [defendant] the right to attack the two little girls.” Whereupon defense counsel said: “I would object to that.” The court made no ruling on the objection, nor was any further action taken by the defense.

11984–1984

Where else courts name it

FL 13 (1977–2025) AR 11 (1985–2026) GA 9 (1977–2024) OH 8 (1909–2018) TX 6 (1949–2008) CA 5 (1958–2018) MO 4 (1933–1976) IN 4 (1991–2020) CO 4 (1990–2016) NH 3 (2003–2007) PR 3 (1963–1970) NV 3 (2018–2018) WA 3 (1941–1995) IL 3 (1969–1982) MI 3 (1971–2011) ID 3 (1939–2019) WY 2 (1927–1990) HI 2 (1975–2001) UT 2 (2011–2024) AL 2 (1972–1987) PA 2 (1972–2020) MN 2 (1968–2011) WI 2 (2003–2023)

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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