8 Georgia opinions name it 2 courts 1996–2024 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.
| Case | Followed | Cited |
|---|---|---|
Stuart v. Stategreen2 sentences2013See Stuart v. State, 318 Ga. App. 839, 842-843 ( 734 SE2d 814 ) (2012) (required evidence test applicable in determining whether jury charge on lesser included offense required). 2013See Stuart v. State, 318 Ga. App. 839, 842-843 ( 734 SE2d 814 ) (2012) (required evidence test applicable in determining whether jury charge on lesser included offense required). | 2 | 2 |
Richardson v. Stategreen2 sentences2024If Appellant here held a reasonable belief 28 In Richardson, the Court determined that the error in refusing to instruct on voluntary manslaughter was not rendered harmless by a charge on the then-existing principle that “where a wife catches her husband in the act of adultery with another woman, . . . she would have the right to kill such woman.” 189 Ga. at 449. 2024Id. at 448-449 .28 Knowing that a voluntary manslaughter 28 In Richardson, the Court determined that the error in refusing to instruct on voluntary manslaughter was not rendered harmless by a charge on 73 instruction is warranted when a defendant discovers his partner lying down with someone else in bed or in some other secluded area29 says nothing about whether one is warranted when a defendant sees his partner, fully clothed, in the driver’s seat of a car and a rumored paramour walking near the car, at the normal commute times for both people. | 1 | 1 |
State of Georgia v. International Keystone Knights of the Ku Klux Klan, Inc.green2 sentences2021Although no party challenges our jurisdiction to consider these consolidated appeals, “it is the duty of this Court to inquire into its jurisdiction in any case in which there may be a doubt about the existence of such jurisdiction.”2 We must consider, then, whether we have jurisdiction to consider these as direct 2 State v. Int’l Keystone Knights of the Ku Klux Klan, Inc., 299 Ga. 392, 396 (2) ( 788 SE2d 455 ) (2016) (punctuation omitted); accord Sanders v. State, 280 Ga. 780, 781-82 ( 631 SE2d 344 ) (2006); Fairclough v. State, 276 Ga. 602, 603 ( 581 SE2d 3 ) (2003). 5 appeals or whether app 2021Although no party challenges our jurisdiction to consider these consolidated appeals, “it is the duty of this Court to inquire into its jurisdiction in any case in which there may be a doubt about the existence of such jurisdiction.”2 We must consider, then, whether we have jurisdiction to consider these as direct 2 State v. Int’l Keystone Knights of the Ku Klux Klan, Inc., 299 Ga. 392, 396 (2) ( 788 SE2d 455 ) (2016) (punctuation omitted); accord Sanders v. State, 280 Ga. 780, 781-82 ( 631 SE2d 344 ) (2006); Fairclough v. State, 276 Ga. 602, 603 ( 581 SE2d 3 ) (2003). 5 appeals or whether app | 1 | 1 |
Fairclough v. Stategreen2 sentences2021Although no party challenges our jurisdiction to consider these consolidated appeals, “it is the duty of this Court to inquire into its jurisdiction in any case in which there may be a doubt about the existence of such jurisdiction.”2 We must consider, then, whether we have jurisdiction to consider these as direct 2 State v. Int’l Keystone Knights of the Ku Klux Klan, Inc., 299 Ga. 392, 396 (2) ( 788 SE2d 455 ) (2016) (punctuation omitted); accord Sanders v. State, 280 Ga. 780, 781-82 ( 631 SE2d 344 ) (2006); Fairclough v. State, 276 Ga. 602, 603 ( 581 SE2d 3 ) (2003). 5 appeals or whether app 2021Although no party challenges our jurisdiction to consider these consolidated appeals, “it is the duty of this Court to inquire into its jurisdiction in any case in which there may be a doubt about the existence of such jurisdiction.”2 We must consider, then, whether we have jurisdiction to consider these as direct 2 State v. Int’l Keystone Knights of the Ku Klux Klan, Inc., 299 Ga. 392, 396 (2) ( 788 SE2d 455 ) (2016) (punctuation omitted); accord Sanders v. State, 280 Ga. 780, 781-82 ( 631 SE2d 344 ) (2006); Fairclough v. State, 276 Ga. 602, 603 ( 581 SE2d 3 ) (2003). 5 appeals or whether app | 1 | 1 |
Sanders v. Stategreen2 sentences2021Although no party challenges our jurisdiction to consider these consolidated appeals, “it is the duty of this Court to inquire into its jurisdiction in any case in which there may be a doubt about the existence of such jurisdiction.”2 We must consider, then, whether we have jurisdiction to consider these as direct 2 State v. Int’l Keystone Knights of the Ku Klux Klan, Inc., 299 Ga. 392, 396 (2) ( 788 SE2d 455 ) (2016) (punctuation omitted); accord Sanders v. State, 280 Ga. 780, 781-82 ( 631 SE2d 344 ) (2006); Fairclough v. State, 276 Ga. 602, 603 ( 581 SE2d 3 ) (2003). 5 appeals or whether app 2021Although no party challenges our jurisdiction to consider these consolidated appeals, “it is the duty of this Court to inquire into its jurisdiction in any case in which there may be a doubt about the existence of such jurisdiction.”2 We must consider, then, whether we have jurisdiction to consider these as direct 2 State v. Int’l Keystone Knights of the Ku Klux Klan, Inc., 299 Ga. 392, 396 (2) ( 788 SE2d 455 ) (2016) (punctuation omitted); accord Sanders v. State, 280 Ga. 780, 781-82 ( 631 SE2d 344 ) (2006); Fairclough v. State, 276 Ga. 602, 603 ( 581 SE2d 3 ) (2003). 5 appeals or whether app | 1 | 1 |
Griffin v. Travelers Insurancegreen2 sentences2017Co., 230 Ga. App. 665, 666 ( 497 SE2d 257 ) (1998). “[T]he grant of summary judgment... requires that each party on motion for summary judgment presen t their case in full.” (Citations omitted; emphasis supplied.) Sands v. Lamar Properties, 159 Ga. App. 718, 720 ( 285 SE2d 24 ) (1981). 2017Co., 230 Ga. App. 665, 666 ( 497 SE2d 257 ) (1998). “[T]he grant of summary judgment... requires that each party on motion for summary judgment presen t their case in full.” (Citations omitted; emphasis supplied.) Sands v. Lamar Properties, 159 Ga. App. 718, 720 ( 285 SE2d 24 ) (1981). | 1 | 1 |
Sands v. Lamar Properties, Inc.green2 sentences2017Co., 230 Ga. App. 665, 666 ( 497 SE2d 257 ) (1998). “[T]he grant of summary judgment... requires that each party on motion for summary judgment presen t their case in full.” (Citations omitted; emphasis supplied.) Sands v. Lamar Properties, 159 Ga. App. 718, 720 ( 285 SE2d 24 ) (1981). 2017Co., 230 Ga. App. 665, 666 ( 497 SE2d 257 ) (1998). “[T]he grant of summary judgment... requires that each party on motion for summary judgment presen t their case in full.” (Citations omitted; emphasis supplied.) Sands v. Lamar Properties, 159 Ga. App. 718, 720 ( 285 SE2d 24 ) (1981). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Drinkard v. Walker
green
2 sentences2013In its order denying Long’s motion, the trial court acknowledged that these crimes were lesser included offenses, and that “it was error for the court to fail to give the charges requested by [Long],” but the court determined that its error was harmless. 7 In determining whether one crime is a lesser included offense of another crime for purposes of requests to charge, this Court held unanimously that we apply the “required evidence” test set out in Drinkard v. Walker, 281 Ga. 211 ( 636 SE2d 530 ) (2006). 2013In its order denying Long’s motion, the trial court acknowledged that these crimes were lesser included offenses, and that “it was error for the court to fail to give the charges requested by [Long],” but the court determined that its error was harmless. 7 In determining whether one crime is a lesser included offense of another crime for purposes of requests to charge, this Court held unanimously that we apply the “required evidence” test set out in Drinkard v. Walker, 281 Ga. 211 ( 636 SE2d 530 ) (2006). | 2 | 2013–2013 |
Alabama v. Smith
green
2 sentences2009In Alabama v. Smith, 490 U. S. 794 (109 SC 2201, 104 LE2d 865) (1989), the Court determined that the presumption of vindictiveness was absent when a trial court imposes a greater penalty after trial than it would have after a guilty plea. “[I]n the course of the proof at trial the judge may gather a fuller appreciation of the nature and extent of the crimes charged. 2009The defendant’s conduct during trial may give the judge insights into his moral character and suitability for rehabilitation.” (Citations omitted.) Id. at 801 . | 1 | 2009–2009 |
Loggins v. State
green
2 sentences1998In Loggins v. State, 260 Ga. 1 , 388 S.E.2d 675 (1990), this Court determined that the rule's requirement that a defendant be afforded pre-trial notification of the prosecution's intent to use specific bad acts was a matter of fundamental fairness, and held that the rule was applicable to "those acts or occurrences which are categorized as prior difficulties" as well as acts categorized as similar transactions. 1998In Loggins v. State, 260 Ga. 1 , 388 S.E.2d 675 (1990), this Court determined that the rule's requirement that a defendant be afforded pre-trial notification of the prosecution's intent to use specific bad acts was a matter of fundamental fairness, and held that the rule was applicable to "those acts or occurrences which are categorized as prior difficulties" as well as acts categorized as similar transactions. | 1 | 1998–1998 |
Armstrong v. Roberts
green
1 sentence1996Id. | 1 | 1996–1996 |
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.