conducts hearing (Georgia) · Go Syfert
← Georgia issues

conducts hearing in Georgia

8 Georgia opinions name it 2 courts 1977–2019 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 (5)

CaseFollowedCited
Viskup v. Viskupgreen
ga · 2012 · cited in 3 Georgia opinions naming this issue, 2013–2019
2 sentences

2019As such, "[w]hen the trial court conducts a hearing and makes findings of fact on a motion to dismiss or transfer for improper venue, the findings of fact are tested by the [']any evidence['] rule." Viskup v. Viskup , 291 Ga. 103 , 104 (1), 727 S.E.2d 97 (2012) (citation omitted).

2019As such, "[w]hen the trial court conducts a hearing and makes findings of fact on a motion to dismiss or transfer for improper venue, the findings of fact are tested by the [']any evidence['] rule." Viskup v. Viskup , 291 Ga. 103 , 104 (1), 727 S.E.2d 97 (2012) (citation omitted).

23
An v. Active Pest Control South, Inc.green
gactapp · 2011 · cited in 2 Georgia opinions naming this issue, 2013–2013
2 sentences

2013Finally, questions concerning the admissibility of expert opinion “generally are committed to the sound discretion of the trial courts, and questions of the admissibility of expert opinions under [former] OCGA § 24-9-67.1 are no different.” (Citations omitted.) An v. Active Pest Control South, 313 Ga. App. 110, 115 ( 720 SE2d 222 ) (2011).

2013Finally, questions concerning the admissibility of expert opinion “generally are committed to the sound discretion of the trial courts, and questions of the admissibility of expert opinions under [former] OCGA § 24-9-67.1 are no different.” (Citations omitted.) An v. Active Pest Control South, 313 Ga. App. 110, 115 ( 720 SE2d 222 ) (2011).

22
Daubert v. Merrell Dow Pharmaceuticals, Inc.green
scotus · 1993 · cited in 2 Georgia opinions naming this issue, 2013–2013
2 sentences

2013When a trial court conducts a hearing under former OCGA § 24-9-67.1, then, its task is to determine whether scientific or other expert testimony is “not only relevant, but reliable.” Daubert, supra at 589 (II) (B); Kumho, supra at 147 (II) (A) (applying Daubert to “all expert testimony”).

2013When a trial court conducts a hearing under former OCGA § 24-9-67.1, then, its task is to determine whether scientific or other expert testimony is “not only relevant, but reliable.” Daubert, supra at 589 (II) (B); Kumho, 2 supra at 147 (II) (A) (applying Daubert to “all expert testimony”).

22
Kumho Tire Co. v. Carmichaelgreen
scotus · 1999 · cited in 2 Georgia opinions naming this issue, 2013–2013
2 sentences

2013When a trial court conducts a hearing under former OCGA § 24-9-67.1, then, its task is to determine whether scientific or other expert testimony is “not only relevant, but reliable.” Daubert, supra at 589 (II) (B); Kumho, supra at 147 (II) (A) (applying Daubert to “all expert testimony”).

2013When a trial court conducts a hearing under former OCGA § 24-9-67.1, then, its task is to determine whether scientific or other expert testimony is “not only relevant, but reliable.” Daubert, supra at 589 (II) (B); Kumho, 2 supra at 147 (II) (A) (applying Daubert to “all expert testimony”).

22
Williams v. Stategreen
ga · 1991 · cited in 1 Georgia opinions naming this issue, 2003–2003
2 sentences

2003Unless the defendant places his character in issue at trial, which did not happen in this case, similar bad acts of the accused that were not part of the res gestae of the crime charged can only be admitted if there is notice to the accused, the trial court conducts a hearing, and the party seeking to admit such evidence makes certain affirmative showings. 43 USCR 31.3 (B); Williams v. State, 261 Ga. at 642 (2) (b).

2003Unless the defendant places his character in issue at trial, which did not happen in this case, similar bad acts of the accused that were not part of the res gestae of the crime charged can only be admitted if there is notice to the accused, the trial court conducts a hearing, and the party seeking to admit such evidence makes certain affirmative showings. [43] USCR 31.3(B); Williams v. State, 261 Ga. at 642 (2)(b), 409 S.E.2d 649 (b).

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
Oglesby v. Deal green
gactapp · 2011
2 sentences

2013“When the trial court conducts a hearing and makes findings of fact on a motion to dismiss or transfer for improper venue, the findings of fact are tested by the any evidence rule.” Viskup v. Viskup, 291 Ga. 103, 104 (1) ( 727 SE2d 97 ) (2012), citing Oglesby v. Deal, 311 Ga. App. 622 ( 716 SE2d 749 ) (2011).

2013“When the trial court conducts a hearing and makes findings of fact on a motion to dismiss or transfer for improper venue, the findings of fact are tested by the any evidence rule.” Viskup v. Viskup, 291 Ga. 103, 104 (1) ( 727 SE2d 97 ) (2012), citing Oglesby v. Deal, 311 Ga. App. 622 ( 716 SE2d 749 ) (2011).

32012–2013
Jackson v. Denno green
scotus · 1964
1 sentence

1977He contends that after the trial court conducts a hearing in accordance with Jackson v. Denno, 378 U. S. 368 (84 SC 1774, 12 LE2d 908) (1964),and finds a confession voluntary, the jury cannot pass again on voluntariness.

11977–1977

Where else courts name it

TX 27 (1983–2026) NY 25 (1998–2026) IL 20 (2006–2026) CA 19 (1981–2026) OH 14 (2008–2026) PA 10 (2015–2025) KS 10 (1968–2020) GA 8 (1977–2019) IN 8 (1991–2019) AL 6 (1987–2007) KY 4 (2020–2022) NC 4 (1997–2020) DE 4 (2018–2024) MO 3 (1973–2011) MD 3 (1930–2017) MI 2 (2026–2026) WA 2 (2016–2017) CO 2 (2009–2021) FL 2 (1993–2017) WI 2 (1997–2023)

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.

← Caselaw search · G Cite Topics · Brief Check