State to remove presumption (Georgia) · Go Syfert
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State to remove presumption in Georgia

9 Georgia opinions name it 2 courts 1923–2022 1 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 (13)

CaseFollowedCited
Shaw v. Stategreen
ga · 1889 · cited in 6 Georgia opinions naming this issue, 1934–2022
2 sentences

2022Burney v. State, 309 Ga. 273, 293 (5) (845 SE2d 625) (2020) (citation and punctuation omitted); see also, e.g., Shaw v. State, 83 Ga. 92, 98 (1) (9 SE 768) (1889) (“[W]here misconduct of a juror or of the jury is shown, the presumption is that the defendant has been injured, and 6 the onus is upon the State to remove this presumption by proper proof,” that is, by a “show[ing] beyond a reasonable doubt that the defendant was not injured by the misconduct of the . . . jury.”).

2022Burney v. State, 309 Ga. 273, 293 (5) (845 SE2d 625) (2020) (citation and punctuation omitted); see also, e.g., Shaw v. State, 83 Ga. 92, 98 (1) (9 SE 768) (1889) (“[W]here misconduct of a juror or of the jury is shown, the presumption is that the defendant has been injured, and 6 the onus is upon the State to remove this presumption by proper proof,” that is, by a “show[ing] beyond a reasonable doubt that the defendant was not injured by the misconduct of the . . . jury.”).

36
Lockridge v. Stategreen
ga · 1990 · cited in 3 Georgia opinions naming this issue, 2013–2018
2 sentences

2013See generally Desverges v. Goette, 121 Ga. 65, 67 (3) ( 48 SE 693 ) (1904) (“The sanctity of the 12 fair and impartial jury is a central safeguard to a fair trial in our system of criminal justice.”7 As our Supreme Court recognized well over a century ago, when a jury is selected and sworn to try the criminally accused, “[the law] contemplates that no outside influence shall be brought to bear on the minds of the jury, and that nothing shall occur outside of the trial which shall disturb their minds in any way.”8 And where, as here, “misconduct of a juror or of the jury is shown,[9] the presum

2013See generally Desverges v. Goette, 121 Ga. 65, 67 (3) ( 48 SE 693 ) (1904) (“The sanctity of the 12 fair and impartial jury is a central safeguard to a fair trial in our system of criminal justice.”7 As our Supreme Court recognized well over a century ago, when a jury is selected and sworn to try the criminally accused, “[the law] contemplates that no outside influence shall be brought to bear on the minds of the jury, and that nothing shall occur outside of the trial which shall disturb their minds in any way.”8 And where, as here, “misconduct of a juror or of the jury is shown,[9] the presum

33
Lamons v. Stategreen
ga · 1986 · cited in 2 Georgia opinions naming this issue, 2013–2022
2 sentences

2013See generally Desverges v. Goette, 121 Ga. 65, 67 (3) ( 48 SE 693 ) (1904) (“The sanctity of the 12 fair and impartial jury is a central safeguard to a fair trial in our system of criminal justice.”7 As our Supreme Court recognized well over a century ago, when a jury is selected and sworn to try the criminally accused, “[the law] contemplates that no outside influence shall be brought to bear on the minds of the jury, and that nothing shall occur outside of the trial which shall disturb their minds in any way.”8 And where, as here, “misconduct of a juror or of the jury is shown,[9] the presum

2013See generally Desverges v. Goette, 121 Ga. 65, 67 (3) ( 48 SE 693 ) (1904) (“The sanctity of the 12 fair and impartial jury is a central safeguard to a fair trial in our system of criminal justice.”7 As our Supreme Court recognized well over a century ago, when a jury is selected and sworn to try the criminally accused, “[the law] contemplates that no outside influence shall be brought to bear on the minds of the jury, and that nothing shall occur outside of the trial which shall disturb their minds in any way.”8 And where, as here, “misconduct of a juror or of the jury is shown,[9] the presum

22
Lloyd v. the Stategreen
gactapp · 2016 · cited in 2 Georgia opinions naming this issue, 2018–2018
2 sentences

2018See Lockridge v. State , 260 Ga. 528 , 529, 397 S.E.2d 695 (1990) ; Lloyd v. State , 339 Ga. App. 1 , 7-9 (2), 792 S.E.2d 445 (2016) (reaffirming proposition that, in the criminal context, a presumption of prejudice arises upon a showing of juror misconduct).

2018See Lockridge v. State , 260 Ga. 528 , 529, 397 S.E.2d 695 (1990) ; Lloyd v. State , 339 Ga. App. 1 , 7-9 (2), 792 S.E.2d 445 (2016) (reaffirming proposition that, in the criminal context, a presumption of prejudice arises upon a showing of juror misconduct).

12
Burney v. Stategreen
ga · 2020 · cited in 1 Georgia opinions naming this issue, 2022–2022
2 sentences

2022Burney v. State, 309 Ga. 273, 293 (5) (845 SE2d 625) (2020) (citation and punctuation omitted); see also, e.g., Shaw v. State, 83 Ga. 92, 98 (1) (9 SE 768) (1889) (“[W]here misconduct of a juror or of the jury is shown, the presumption is that the defendant has been injured, and 6 the onus is upon the State to remove this presumption by proper proof,” that is, by a “show[ing] beyond a reasonable doubt that the defendant was not injured by the misconduct of the . . . jury.”).

2022Burney v. State, 309 Ga. 273, 293 (5) (845 SE2d 625) (2020) (citation and punctuation omitted); see also, e.g., Shaw v. State, 83 Ga. 92, 98 (1) (9 SE 768) (1889) (“[W]here misconduct of a juror or of the jury is shown, the presumption is that the defendant has been injured, and 6 the onus is upon the State to remove this presumption by proper proof,” that is, by a “show[ing] beyond a reasonable doubt that the defendant was not injured by the misconduct of the . . . jury.”).

11
Monroe v. Stategreen
· 1848 · cited in 1 Georgia opinions naming this issue, 2013–2013
1 sentence

2013See generally Desverges v. Goette, 121 Ga. 65, 67 (3) ( 48 SE 693 ) (1904) (“The sanctity of the 12 fair and impartial jury is a central safeguard to a fair trial in our system of criminal justice.”7 As our Supreme Court recognized well over a century ago, when a jury is selected and sworn to try the criminally accused, “[the law] contemplates that no outside influence shall be brought to bear on the minds of the jury, and that nothing shall occur outside of the trial which shall disturb their minds in any way.”8 And where, as here, “misconduct of a juror or of the jury is shown,[9] the presum

11
Steele v. Stategreen
gactapp · 1995 · cited in 1 Georgia opinions naming this issue, 2013–2013
2 sentences

2013See generally Desverges v. Goette, 121 Ga. 65, 67 (3) ( 48 SE 693 ) (1904) (“The sanctity of the 12 fair and impartial jury is a central safeguard to a fair trial in our system of criminal justice.”7 As our Supreme Court recognized well over a century ago, when a jury is selected and sworn to try the criminally accused, “[the law] contemplates that no outside influence shall be brought to bear on the minds of the jury, and that nothing shall occur outside of the trial which shall disturb their minds in any way.”8 And where, as here, “misconduct of a juror or of the jury is shown,[9] the presum

2013See generally Desverges v. Goette, 121 Ga. 65, 67 (3) ( 48 SE 693 ) (1904) (“The sanctity of the 12 fair and impartial jury is a central safeguard to a fair trial in our system of criminal justice.”7 As our Supreme Court recognized well over a century ago, when a jury is selected and sworn to try the criminally accused, “[the law] contemplates that no outside influence shall be brought to bear on the minds of the jury, and that nothing shall occur outside of the trial which shall disturb their minds in any way.”8 And where, as here, “misconduct of a juror or of the jury is shown,[9] the presum

11
Central of Georgia Railway Co. v. Dichgreen
ga · 1904 · cited in 1 Georgia opinions naming this issue, 2013–2013
1 sentence

2013See generally Desverges v. Goette, 121 Ga. 65, 67 (3) ( 48 SE 693 ) (1904) (“The sanctity of the 12 fair and impartial jury is a central safeguard to a fair trial in our system of criminal justice.”7 As our Supreme Court recognized well over a century ago, when a jury is selected and sworn to try the criminally accused, “[the law] contemplates that no outside influence shall be brought to bear on the minds of the jury, and that nothing shall occur outside of the trial which shall disturb their minds in any way.”8 And where, as here, “misconduct of a juror or of the jury is shown,[9] the presum

11
Brakelow Steamship Co. v. Westgreen
ga · 1904 · cited in 1 Georgia opinions naming this issue, 2013–2013
1 sentence

2013See generally Desverges v. Goette, 121 Ga. 65, 67 (3) ( 48 SE 693 ) (1904) (“The sanctity of the 12 fair and impartial jury is a central safeguard to a fair trial in our system of criminal justice.”7 As our Supreme Court recognized well over a century ago, when a jury is selected and sworn to try the criminally accused, “[the law] contemplates that no outside influence shall be brought to bear on the minds of the jury, and that nothing shall occur outside of the trial which shall disturb their minds in any way.”8 And where, as here, “misconduct of a juror or of the jury is shown,[9] the presum

11
Moore v. Stategreen
gactapp · 1984 · cited in 1 Georgia opinions naming this issue, 2013–2013
2 sentences

2013See generally Desverges v. Goette, 121 Ga. 65, 67 (3) ( 48 SE 693 ) (1904) (“The sanctity of the 12 fair and impartial jury is a central safeguard to a fair trial in our system of criminal justice.”7 As our Supreme Court recognized well over a century ago, when a jury is selected and sworn to try the criminally accused, “[the law] contemplates that no outside influence shall be brought to bear on the minds of the jury, and that nothing shall occur outside of the trial which shall disturb their minds in any way.”8 And where, as here, “misconduct of a juror or of the jury is shown,[9] the presum

2013See generally Desverges v. Goette, 121 Ga. 65, 67 (3) ( 48 SE 693 ) (1904) (“The sanctity of the 12 fair and impartial jury is a central safeguard to a fair trial in our system of criminal justice.”7 As our Supreme Court recognized well over a century ago, when a jury is selected and sworn to try the criminally accused, “[the law] contemplates that no outside influence shall be brought to bear on the minds of the jury, and that nothing shall occur outside of the trial which shall disturb their minds in any way.”8 And where, as here, “misconduct of a juror or of the jury is shown,[9] the presum

11
Kennebrew v. Stategreen
ga · 1996 · cited in 1 Georgia opinions naming this issue, 2013–2013
2 sentences

2013See generally Desverges v. Goette, 121 Ga. 65, 67 (3) ( 48 SE 693 ) (1904) (“The sanctity of the 12 fair and impartial jury is a central safeguard to a fair trial in our system of criminal justice.”7 As our Supreme Court recognized well over a century ago, when a jury is selected and sworn to try the criminally accused, “[the law] contemplates that no outside influence shall be brought to bear on the minds of the jury, and that nothing shall occur outside of the trial which shall disturb their minds in any way.”8 And where, as here, “misconduct of a juror or of the jury is shown,[9] the presum

2013See generally Desverges v. Goette, 121 Ga. 65, 67 (3) ( 48 SE 693 ) (1904) (“The sanctity of the 12 fair and impartial jury is a central safeguard to a fair trial in our system of criminal justice.”7 As our Supreme Court recognized well over a century ago, when a jury is selected and sworn to try the criminally accused, “[the law] contemplates that no outside influence shall be brought to bear on the minds of the jury, and that nothing shall occur outside of the trial which shall disturb their minds in any way.”8 And where, as here, “misconduct of a juror or of the jury is shown,[9] the presum

11
Henderson v. Stategreen
ga · 1983 · cited in 1 Georgia opinions naming this issue, 1984–1984
2 sentences

1984See Blount v. State, 214 Ga. 433 (4) ( 105 SE2d 304 ) (1958); see also Henderson v. State, 251 Ga. 398, 403 ( 306 SE2d 645 ) (1983).

1984See Blount v. State, 214 Ga. 433 (4) ( 105 SE2d 304 ) (1958); see also Henderson v. State, 251 Ga. 398, 403 ( 306 SE2d 645 ) (1983).

11
Blount v. Stategreen
ga · 1958 · cited in 1 Georgia opinions naming this issue, 1984–1984
2 sentences

1984See Blount v. State, 214 Ga. 433 (4) ( 105 SE2d 304 ) (1958); see also Henderson v. State, 251 Ga. 398, 403 ( 306 SE2d 645 ) (1983).

1984See Blount v. State, 214 Ga. 433 (4) ( 105 SE2d 304 ) (1958); see also Henderson v. State, 251 Ga. 398, 403 ( 306 SE2d 645 ) (1983).

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
Quattlebaum v. State green
ga · 1904
2 sentences

1923As to the first proposition, this court held- in Quattlebaum v. State, 119 Ga. 433 (7) ( 46 S. E. 677 ): “The defendant, an epileptic, was committed to the asylum, there to remain until restored to sound mind and right reason.

1923As to the first proposition, this court held- in Quattlebaum v. State, 119 Ga. 433 (7) ( 46 S. E. 677 ): “The defendant, an epileptic, was committed to the asylum, there to remain until restored to sound mind and right reason.

11923–1923

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