year raises a threshold presumption (Georgia) · Go Syfert
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year raises a threshold presumption in Georgia

9 Georgia opinions name it 1 courts 2005–2010 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 (12)

CaseFollowedCited
Nusser v. Stategreen
gactapp · 2005 · cited in 4 Georgia opinions naming this issue, 2006–2009
2 sentences

2009“As a general rule, any delay approaching a year raises a threshold presumption of prejudice.” Nusser v. State, 275 Ga. App. 896, 897 ( 622 SE2d 105 ) (2005).

2009“As a general rule, any delay approaching a year raises a threshold presumption of prejudice.” Nusser v. State, 275 Ga. App. 896, 897 ( 622 SE2d 105 ) (2005).

24
Disharoon v. Stategreen
gactapp · 2007 · cited in 3 Georgia opinions naming this issue, 2009–2010
2 sentences

2010And “any delay approaching a year raises a threshold presumption of prejudice.” (Citation omitted.) Id. at 3 (1) (a).

2009“Generally, any delay approaching a year raises a threshold presumption of prejudice.” Id. at 3 (1) (a), citing Doggett v. United States, 505 U. S. 647, 652 (II), n. 1 (112 SC 2686, 120 LE2d 520) (1992).

23
Doggett v. United Statesgreen
scotus · 1992 · cited in 2 Georgia opinions naming this issue, 2005–2009
2 sentences

2009“Generally, any delay approaching a year raises a threshold presumption of prejudice.” Id. at 3 (1) (a), citing Doggett v. United States, 505 U. S. 647, 652 (II), n. 1 (112 SC 2686, 120 LE2d 520) (1992).

2005Doggett v. United States, 505 U. S. 647, 652 (II), n. 1 (112 SC 2686, 120 LE2d 520) (1992); State v. Bazemore, 249 Ga. App. 584, 585 (1) (a) ( 549 SE2d 426 ) (2001).

22
Lynch v. Stategreen
gactapp · 2009 · cited in 1 Georgia opinions naming this issue, 2010–2010
2 sentences

2010And any delay approaching a year raises a threshold presumption of prejudice.” (Citation and punctuation omitted.) Lynch v. State, 300 Ga. App. 723, 724 ( 686 SE2d 268 ) (2009). b.

2010And any delay approaching a year raises a threshold presumption of prejudice.” (Citation and punctuation omitted.) Lynch v. State, 300 Ga. App. 723, 724 ( 686 SE2d 268 ) (2009). b.

11
Jackson v. Stategreen
ga · 2000 · cited in 1 Georgia opinions naming this issue, 2007–2007
2 sentences

2007Compare Henry, supra at 527, 530 (1) (c) (statutory speedy trial demand remained in effect following remittitur from Supreme Court, which affirmed trial court’s denial of motion for discharge and acquittal; although appeal involved defendant’s statutory speedy trial demand, the issue was whether defendant had been denied equal protection, not whether defendant had waived his demand). 6 See Mann v. State, 259 Ga. App. 553, 554 (2) ( 578 SE2d 238 ) (2003) ("Relitigation of issues previously decided on appeal is barred by res judicata.”). 7 Nusser v. State, 275 Ga. App. 896, 897 ( 622 SE2d 105 )

2007Compare Henry, supra at 527, 530 (1) (c) (statutory speedy trial demand remained in effect following remittitur from Supreme Court, which affirmed trial court’s denial of motion for discharge and acquittal; although appeal involved defendant’s statutory speedy trial demand, the issue was whether defendant had been denied equal protection, not whether defendant had waived his demand). 6 See Mann v. State, 259 Ga. App. 553, 554 (2) ( 578 SE2d 238 ) (2003) ("Relitigation of issues previously decided on appeal is barred by res judicata.”). 7 Nusser v. State, 275 Ga. App. 896, 897 ( 622 SE2d 105 )

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

2007Compare Henry, supra at 527, 530 (1) (c) (statutory speedy trial demand remained in effect following remittitur from Supreme Court, which affirmed trial court’s denial of motion for discharge and acquittal; although appeal involved defendant’s statutory speedy trial demand, the issue was whether defendant had been denied equal protection, not whether defendant had waived his demand). 6 See Mann v. State, 259 Ga. App. 553, 554 (2) ( 578 SE2d 238 ) (2003) ("Relitigation of issues previously decided on appeal is barred by res judicata.”). 7 Nusser v. State, 275 Ga. App. 896, 897 ( 622 SE2d 105 )

2007Compare Henry, supra at 527, 530 (1) (c) (statutory speedy trial demand remained in effect following remittitur from Supreme Court, which affirmed trial court’s denial of motion for discharge and acquittal; although appeal involved defendant’s statutory speedy trial demand, the issue was whether defendant had been denied equal protection, not whether defendant had waived his demand). 6 See Mann v. State, 259 Ga. App. 553, 554 (2) ( 578 SE2d 238 ) (2003) ("Relitigation of issues previously decided on appeal is barred by res judicata.”). 7 Nusser v. State, 275 Ga. App. 896, 897 ( 622 SE2d 105 )

11
Hardeman v. Stategreen
gactapp · 2006 · cited in 1 Georgia opinions naming this issue, 2007–2007
2 sentences

2007Compare Henry, supra at 527, 530 (1) (c) (statutory speedy trial demand remained in effect following remittitur from Supreme Court, which affirmed trial court’s denial of motion for discharge and acquittal; although appeal involved defendant’s statutory speedy trial demand, the issue was whether defendant had been denied equal protection, not whether defendant had waived his demand). 6 See Mann v. State, 259 Ga. App. 553, 554 (2) ( 578 SE2d 238 ) (2003) ("Relitigation of issues previously decided on appeal is barred by res judicata.”). 7 Nusser v. State, 275 Ga. App. 896, 897 ( 622 SE2d 105 )

2007Compare Henry, supra at 527, 530 (1) (c) (statutory speedy trial demand remained in effect following remittitur from Supreme Court, which affirmed trial court’s denial of motion for discharge and acquittal; although appeal involved defendant’s statutory speedy trial demand, the issue was whether defendant had been denied equal protection, not whether defendant had waived his demand). 6 See Mann v. State, 259 Ga. App. 553, 554 (2) ( 578 SE2d 238 ) (2003) ("Relitigation of issues previously decided on appeal is barred by res judicata.”). 7 Nusser v. State, 275 Ga. App. 896, 897 ( 622 SE2d 105 )

11
Smith v. Stategreen
ga · 2002 · cited in 1 Georgia opinions naming this issue, 2007–2007
2 sentences

2007Compare Henry, supra at 527, 530 (1) (c) (statutory speedy trial demand remained in effect following remittitur from Supreme Court, which affirmed trial court’s denial of motion for discharge and acquittal; although appeal involved defendant’s statutory speedy trial demand, the issue was whether defendant had been denied equal protection, not whether defendant had waived his demand). 6 See Mann v. State, 259 Ga. App. 553, 554 (2) ( 578 SE2d 238 ) (2003) ("Relitigation of issues previously decided on appeal is barred by res judicata.”). 7 Nusser v. State, 275 Ga. App. 896, 897 ( 622 SE2d 105 )

2007Compare Henry, supra at 527, 530 (1) (c) (statutory speedy trial demand remained in effect following remittitur from Supreme Court, which affirmed trial court’s denial of motion for discharge and acquittal; although appeal involved defendant’s statutory speedy trial demand, the issue was whether defendant had been denied equal protection, not whether defendant had waived his demand). 6 See Mann v. State, 259 Ga. App. 553, 554 (2) ( 578 SE2d 238 ) (2003) ("Relitigation of issues previously decided on appeal is barred by res judicata.”). 7 Nusser v. State, 275 Ga. App. 896, 897 ( 622 SE2d 105 )

11
Nelloms v. Stategreen
ga · 2001 · cited in 1 Georgia opinions naming this issue, 2007–2007
2 sentences

2007Compare Henry, supra at 527, 530 (1) (c) (statutory speedy trial demand remained in effect following remittitur from Supreme Court, which affirmed trial court’s denial of motion for discharge and acquittal; although appeal involved defendant’s statutory speedy trial demand, the issue was whether defendant had been denied equal protection, not whether defendant had waived his demand). 6 See Mann v. State, 259 Ga. App. 553, 554 (2) ( 578 SE2d 238 ) (2003) ("Relitigation of issues previously decided on appeal is barred by res judicata.”). 7 Nusser v. State, 275 Ga. App. 896, 897 ( 622 SE2d 105 )

2007Compare Henry, supra at 527, 530 (1) (c) (statutory speedy trial demand remained in effect following remittitur from Supreme Court, which affirmed trial court’s denial of motion for discharge and acquittal; although appeal involved defendant’s statutory speedy trial demand, the issue was whether defendant had been denied equal protection, not whether defendant had waived his demand). 6 See Mann v. State, 259 Ga. App. 553, 554 (2) ( 578 SE2d 238 ) (2003) ("Relitigation of issues previously decided on appeal is barred by res judicata.”). 7 Nusser v. State, 275 Ga. App. 896, 897 ( 622 SE2d 105 )

11
Henry v. Jamesgreen
ga · 1994 · cited in 1 Georgia opinions naming this issue, 2007–2007
1 sentence

2007Compare Henry, supra at 527, 530 (1) (c) (statutory speedy trial demand remained in effect following remittitur from Supreme Court, which affirmed trial court’s denial of motion for discharge and acquittal; although appeal involved defendant’s statutory speedy trial demand, the issue was whether defendant had been denied equal protection, not whether defendant had waived his demand). 6 See Mann v. State, 259 Ga. App. 553, 554 (2) ( 578 SE2d 238 ) (2003) ("Relitigation of issues previously decided on appeal is barred by res judicata.”). 7 Nusser v. State, 275 Ga. App. 896, 897 ( 622 SE2d 105 )

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

2007Compare Henry, supra at 527, 530 (1) (c) (statutory speedy trial demand remained in effect following remittitur from Supreme Court, which affirmed trial court’s denial of motion for discharge and acquittal; although appeal involved defendant’s statutory speedy trial demand, the issue was whether defendant had been denied equal protection, not whether defendant had waived his demand). 6 See Mann v. State, 259 Ga. App. 553, 554 (2) ( 578 SE2d 238 ) (2003) ("Relitigation of issues previously decided on appeal is barred by res judicata.”). 7 Nusser v. State, 275 Ga. App. 896, 897 ( 622 SE2d 105 )

2007Compare Henry, supra at 527, 530 (1) (c) (statutory speedy trial demand remained in effect following remittitur from Supreme Court, which affirmed trial court’s denial of motion for discharge and acquittal; although appeal involved defendant’s statutory speedy trial demand, the issue was whether defendant had been denied equal protection, not whether defendant had waived his demand). 6 See Mann v. State, 259 Ga. App. 553, 554 (2) ( 578 SE2d 238 ) (2003) ("Relitigation of issues previously decided on appeal is barred by res judicata.”). 7 Nusser v. State, 275 Ga. App. 896, 897 ( 622 SE2d 105 )

11
State v. Bazemoregreen
gactapp · 2001 · cited in 1 Georgia opinions naming this issue, 2005–2005
2 sentences

2005Doggett v. United States, 505 U. S. 647, 652 (II), n. 1 (112 SC 2686, 120 LE2d 520) (1992); State v. Bazemore, 249 Ga. App. 584, 585 (1) (a) ( 549 SE2d 426 ) (2001).

2005Doggett v. United States, 505 U. S. 647, 652 (II), n. 1 (112 SC 2686, 120 LE2d 520) (1992); State v. Bazemore, 249 Ga. App. 584, 585 (1) (a) ( 549 SE2d 426 ) (2001).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Statutes the citing opinions construe

GA § 17-7-170 (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.

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