stand defense (Georgia) · Go Syfert
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stand defense in Georgia

9 Georgia opinions name it 2 courts 1975–2026 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 (7)

CaseFollowedCited
Ryan v. Stategreen
ga · 2025 · cited in 2 Georgia opinions naming this issue, 2026–2026
2 sentences

2026Cf., e.g., Blalock, 320 Ga. at 702 (applying the Strickland standard to a claim that trial counsel was ineffective for failing to introduce certain evidence at trial). 24 a result, [Dill] could not make a voluntary and informed decision as to whether he should take the stand in his defense.” Dill has not established that counsel performed deficiently in this respect.

2026Cf., e.g., Blalock, 320 Ga. at 702 (applying the Strickland standard to a claim that trial counsel was ineffective for failing to introduce certain evidence at trial). 24 a result, [Dill] could not make a voluntary and informed decision as to whether he should take the stand in his defense.” Dill has not established that counsel performed deficiently in this respect.

22
Strickland v. Washingtongreen
scotus · 1984 · cited in 2 Georgia opinions naming this issue, 1986–2014
2 sentences

2014We thus presume that his lawyer elected not to request the instruction as a matter of trial 26 Colzie v. State, 289 Ga. 120, 124 (3) ( 710 SE2d 115 ) (2011) (citations and punctuation omitted); see Strickland v. Washington, 466 U. S. 668 ( 104 SCt 2052 , 80 LE2d 674) (1984). 16 strategy.27 As the record reflects, the defense strategy pursued at trial was to show that Styles had nothing to do with Jones’s criminal conduct – not that Styles had participated in robbery, but without the use of a gun.

2014We thus presume that his lawyer elected not to request the instruction as a matter of trial 26 Colzie v. State, 289 Ga. 120, 124 (3) ( 710 SE2d 115 ) (2011) (citations and punctuation omitted); see Strickland v. Washington, 466 U. S. 668 ( 104 SCt 2052 , 80 LE2d 674) (1984). 16 strategy.27 As the record reflects, the defense strategy pursued at trial was to show that Styles had nothing to do with Jones’s criminal conduct – not that Styles had participated in robbery, but without the use of a gun.

12
Colzie v. Stategreen
ga · 2011 · cited in 1 Georgia opinions naming this issue, 2014–2014
2 sentences

2014We thus presume that his lawyer elected not to request the instruction as a matter of trial 26 Colzie v. State, 289 Ga. 120, 124 (3) ( 710 SE2d 115 ) (2011) (citations and punctuation omitted); see Strickland v. Washington, 466 U. S. 668 ( 104 SCt 2052 , 80 LE2d 674) (1984). 16 strategy.27 As the record reflects, the defense strategy pursued at trial was to show that Styles had nothing to do with Jones’s criminal conduct – not that Styles had participated in robbery, but without the use of a gun.

2014We thus presume that his lawyer elected not to request the instruction as a matter of trial 26 Colzie v. State, 289 Ga. 120, 124 (3) ( 710 SE2d 115 ) (2011) (citations and punctuation omitted); see Strickland v. Washington, 466 U. S. 668 ( 104 SCt 2052 , 80 LE2d 674) (1984). 16 strategy.27 As the record reflects, the defense strategy pursued at trial was to show that Styles had nothing to do with Jones’s criminal conduct – not that Styles had participated in robbery, but without the use of a gun.

11
Martinez v. Stategreen
gactapp · 2010 · cited in 1 Georgia opinions naming this issue, 2010–2010
2 sentences

2010See Martinez v. State, 303 Ga. App. 166, 175 (4) (c) ( 692 SE2d 766 ) (2010) (“The reasonableness of counsel’s actions may be determined or substantially influenced by the defendant’s own statements or actions.

2010See Martinez v. State, 303 Ga. App. 166, 175 (4) (c) ( 692 SE2d 766 ) (2010) (“The reasonableness of counsel’s actions may be determined or substantially influenced by the defendant’s own statements or actions.

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

2007Under such circumstances, it has been held “extremely difficult” to overcome the “strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance.” Boykin v. State, 264 Ga. App. 836, 841 (5) ( 592 SE2d 426 ) (2003). (a) As we have ruled in Division 1 (a) above, the charge on voluntary manslaughter was justified.

2007Under such circumstances, it has been held “extremely difficult” to overcome the “strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance.” Boykin v. State, 264 Ga. App. 836, 841 (5) ( 592 SE2d 426 ) (2003). (a) As we have ruled in Division 1 (a) above, the charge on voluntary manslaughter was justified.

11
James v. Stategreen
ga · 1967 · cited in 1 Georgia opinions naming this issue, 1977–1977
1 sentence

1977See James v. State, 223 Ga. 677 (5), supra. But these errors were thereafter rendered harmless when the wife elected to take the stand as a defense witness, waived any and all rights she might have had under Code Ann. § 38-1604, supra, and testified.

11
Kellar v. Stategreen
ga · 1970 · cited in 1 Georgia opinions naming this issue, 1977–1977
2 sentences

1977See Kellar v. State, 226 Ga. 432 (1) ( 175 SE2d 654 ). 2.

1977See Kellar v. State, 226 Ga. 432 (1) ( 175 SE2d 654 ). 2.

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 (2)

CaseCitedYears
Raffel v. United States green
scotus · 1926
1 sentence

1978Raffel v. United States, 271 U. S. 494 (1), supra. However, the ruling was in her favor and was not prejudicial to any right accorded her by law.

11978–1978
Griffin v. California green
scotus · 1965
2 sentences

1975In Griffin v. California, 380 U. S. 609 (1965), the United States Supreme Court held that a provision of the California constitution, which allowed the prosecutor to argue that the defendant's failure to deny or explain facts within his knowledge could be considered evidence against him, amounted to a penalty for the exercise of defendant's Fifth Amendment rights, and was thus unconstitutional.

1975In Griffin v. California, 380 U. S. 609 (1965), the United States Supreme Court held that a provision of the California constitution, which allowed the prosecutor to argue that the defendant’s failure to deny or explain facts within his knowledge could be considered evidence against him, amounted to a penalty for the exercise of defendant’s Fifth Amendment rights, and was thus unconstitutional.

11975–1975

Statutes the citing opinions construe

GA § 16-5-2 (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

CA 21 (1941–2026) TX 21 (1967–2019) PA 12 (1936–2026) GA 9 (1975–2026) NY 9 (1968–2024) LA 7 (1976–2010) OH 6 (1949–2023) MS 6 (1992–2006) IL 5 (1977–2021) MN 5 (1938–2023) OR 5 (1940–2025) AZ 5 (1967–1976) MI 5 (1959–1982) TN 5 (1979–2010) MT 5 (1927–2018) MA 5 (1971–2025) CO 4 (1946–2010) MD 4 (1978–2019) DC 4 (1974–2011) AR 3 (1976–2017) SC 3 (2012–2021) NJ 3 (1970–1988) WA 3 (2014–2015) KS 3 (1970–2021) NH 2 (1970–1987) FL 2 (1989–2018) WI 2 (1883–2020) IA 2 (1924–2015) AL 2 (1973–1985) MO 2 (1957–2014) GU 2 (2021–2022) RI 2 (1971–2001) NV 2 (1965–1984) HI 2 (1920–2017) UT 2 (2003–2025)

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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