8 Georgia opinions name it 1 courts 2019–2023 3 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.
| Case | Followed | Cited |
|---|---|---|
The State v. Cristgreen2 sentences2023And the burden of establishing plain error falls squarely on the defendant.” State v. Crist, 341 Ga. App. 411, 415 ( 801 SE2d 545 ) (2017). “[A]n error is plain only if it is clear or obvious under current law. 2023And the burden of establishing plain error falls squarely on the defendant.” State v. Crist, 341 Ga. App. 411, 415 ( 801 SE2d 545 ) (2017). “[A]n error is plain only if it is clear or obvious under current law. | 5 | 6 |
Davis v. Stategreen2 sentences2023An error cannot be plain where there is no controlling authority on point.” Davis v. State, 312 Ga. 870, 874 (2) ( 866 SE2d 390 ) (2021). 2023An error cannot be plain where there is no controlling authority on point.” Davis v. State, 312 Ga. 870, 874 (2) ( 866 SE2d 390 ) (2021). | 2 | 2 |
Hampton v. Stategreen2 sentences2019Hampton , 302 Ga. at 169 (2), 805 S.E.2d 902 (punctuation omitted); see Jones v. United States , 527 U.S. 373 , 394-395 (II) (B), 119 S.Ct. 2090 , 144 L.Ed.2d 370 (1999) ("Where the effect of an alleged error is so uncertain, a defendant cannot meet his burden of showing that the error actually affected his substantial rights."). 2019And the burden of establishing plain error falls squarely on the defendant. (punctuation and footnote omitted)). 11 Hampton, 302 Ga. at 169 (2) (punctuation omitted); see Jones v. United States, 527 U.S. 373, 394-395 (II) (B) ( 119 SCt 2090 , 144 LEd2d 370 ) (1999) (“Where the effect of an alleged error is so uncertain, a defendant cannot meet his burden of showing that the error actually affected his substantial rights.”). 6 suspension.12 Hines objected, and when the court asked him to state the reason for his objection, he contended that it was “extremely prejudicial to introduce a previous | 2 | 2 |
Jones v. United Statesgreen2 sentences2019And the burden of establishing plain error falls squarely on the defendant. (punctuation and footnote omitted)). 11 Hampton, 302 Ga. at 169 (2) (punctuation omitted); see Jones v. United States, 527 U.S. 373, 394-395 (II) (B) ( 119 SCt 2090 , 144 LEd2d 370 ) (1999) (“Where the effect of an alleged error is so uncertain, a defendant cannot meet his burden of showing that the error actually affected his substantial rights.”). 6 suspension.12 Hines objected, and when the court asked him to state the reason for his objection, he contended that it was “extremely prejudicial to introduce a previous 2019And the burden of establishing plain error falls squarely on the defendant. (punctuation and footnote omitted)). 11 Hampton, 302 Ga. at 169 (2) (punctuation omitted); see Jones v. United States, 527 U.S. 373, 394-395 (II) (B) ( 119 SCt 2090 , 144 LEd2d 370 ) (1999) (“Where the effect of an alleged error is so uncertain, a defendant cannot meet his burden of showing that the error actually affected his substantial rights.”). 6 suspension.12 Hines objected, and when the court asked him to state the reason for his objection, he contended that it was “extremely prejudicial to introduce a previous | 2 | 2 |
Howell v. Stategreen1 sentence2020See Johnson, 267 Ga. at 306 ; State v. Stockhoff, 333 Ga. App. 833 , 2 839 ( 777 SE2d 511 ) (2015); State v. Grayson, 332 Ga. App. 862, 865 (1) ( 775 SE2d 222 ) (2015); Howell, 266 Ga. App. at 488 (3).1 1 Pretermitting whether the issues raised in the plea in bar would be subject to review for plain error under OCGA § 24-1-103 (d), it is well established that “the burden of establishing plain error falls squarely on the defendant,” State v. Crist, 341 Ga. App. 411, 415 ( 801 SE2d 545 ) (2017), and Brown has not asserted plain error, nor can her appellate argument be construed as touching upon | 1 | 1 |
State v. Johnsongreen1 sentence2020See Johnson, 267 Ga. at 306 ; State v. Stockhoff, 333 Ga. App. 833 , 2 839 ( 777 SE2d 511 ) (2015); State v. Grayson, 332 Ga. App. 862, 865 (1) ( 775 SE2d 222 ) (2015); Howell, 266 Ga. App. at 488 (3).1 1 Pretermitting whether the issues raised in the plea in bar would be subject to review for plain error under OCGA § 24-1-103 (d), it is well established that “the burden of establishing plain error falls squarely on the defendant,” State v. Crist, 341 Ga. App. 411, 415 ( 801 SE2d 545 ) (2017), and Brown has not asserted plain error, nor can her appellate argument be construed as touching upon | 1 | 1 |
The State v. Graysongreen2 sentences2020See Johnson, 267 Ga. at 306 ; State v. Stockhoff, 333 Ga. App. 833 , 2 839 ( 777 SE2d 511 ) (2015); State v. Grayson, 332 Ga. App. 862, 865 (1) ( 775 SE2d 222 ) (2015); Howell, 266 Ga. App. at 488 (3).1 1 Pretermitting whether the issues raised in the plea in bar would be subject to review for plain error under OCGA § 24-1-103 (d), it is well established that “the burden of establishing plain error falls squarely on the defendant,” State v. Crist, 341 Ga. App. 411, 415 ( 801 SE2d 545 ) (2017), and Brown has not asserted plain error, nor can her appellate argument be construed as touching upon 2020See Johnson, 267 Ga. at 306 ; State v. Stockhoff, 333 Ga. App. 833 , 2 839 ( 777 SE2d 511 ) (2015); State v. Grayson, 332 Ga. App. 862, 865 (1) ( 775 SE2d 222 ) (2015); Howell, 266 Ga. App. at 488 (3).1 1 Pretermitting whether the issues raised in the plea in bar would be subject to review for plain error under OCGA § 24-1-103 (d), it is well established that “the burden of establishing plain error falls squarely on the defendant,” State v. Crist, 341 Ga. App. 411, 415 ( 801 SE2d 545 ) (2017), and Brown has not asserted plain error, nor can her appellate argument be construed as touching upon | 1 | 1 |
Wilson v. Stategreen2 sentences2019So [the State] may have redacted the wrong offense 12 See Wilson v. State, 278 Ga. App. 420, 421 ( 629 SE2d 110 ) (2006) (“In order to establish the offense of driving with a suspended license, the State must show that the accused was driving, that his license was suspended, and that the accused had received actual or legal notice of the suspension.” (punctuation omitted)); OCGA § 40-5-121 (“Except when a license has been revoked under Code Section 40-5-58 as a habitual violator, any person who drives a motor vehicle on any public highway of this state without being licensed as required by sub 2019So [the State] may have redacted the wrong offense 12 See Wilson v. State, 278 Ga. App. 420, 421 ( 629 SE2d 110 ) (2006) (“In order to establish the offense of driving with a suspended license, the State must show that the accused was driving, that his license was suspended, and that the accused had received actual or legal notice of the suspension.” (punctuation omitted)); OCGA § 40-5-121 (“Except when a license has been revoked under Code Section 40-5-58 as a habitual violator, any person who drives a motor vehicle on any public highway of this state without being licensed as required by sub | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Benning v. State
green
1 sentence2022Fourth and finally, if the above three prongs are satisfied, the appellate court has the discretion to remedy the error — discretion which ought to be exercised only if the error seriously 3 The State nolle prossed a kidnapping charge. 4 See Jones v. State, 352 Ga. App. 380 , 388 (2) (b) ( 834 SE2d 881 ) (2019); Benning v. State, 344 Ga. App. 397 , 400 ( 810 SE2d 310 ) (2018). 5 See State v. Crist, 341 Ga. App. 411, 415 ( 801 SE2d 545 ) (2017). 3 affects the fairness, integrity or public reputation of judicial proceedings.6 “[A]s our Supreme Court has emphasized, satisfying the plain-error sta | 1 | 2022–2022 |
The State v. Stockhoff
green
2 sentences2020See Johnson, 267 Ga. at 306 ; State v. Stockhoff, 333 Ga. App. 833 , 2 839 ( 777 SE2d 511 ) (2015); State v. Grayson, 332 Ga. App. 862, 865 (1) ( 775 SE2d 222 ) (2015); Howell, 266 Ga. App. at 488 (3).1 1 Pretermitting whether the issues raised in the plea in bar would be subject to review for plain error under OCGA § 24-1-103 (d), it is well established that “the burden of establishing plain error falls squarely on the defendant,” State v. Crist, 341 Ga. App. 411, 415 ( 801 SE2d 545 ) (2017), and Brown has not asserted plain error, nor can her appellate argument be construed as touching upon 2020See Johnson, 267 Ga. at 306 ; State v. Stockhoff, 333 Ga. App. 833 , 2 839 ( 777 SE2d 511 ) (2015); State v. Grayson, 332 Ga. App. 862, 865 (1) ( 775 SE2d 222 ) (2015); Howell, 266 Ga. App. at 488 (3).1 1 Pretermitting whether the issues raised in the plea in bar would be subject to review for plain error under OCGA § 24-1-103 (d), it is well established that “the burden of establishing plain error falls squarely on the defendant,” State v. Crist, 341 Ga. App. 411, 415 ( 801 SE2d 545 ) (2017), and Brown has not asserted plain error, nor can her appellate argument be construed as touching upon | 1 | 2020–2020 |
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.
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.