evaluation defense (Georgia) · Go Syfert
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evaluation defense in Georgia

8 Georgia opinions name it 2 courts 1981–2021 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 (3)

CaseFollowedCited
O'Connell v. Stategreen
ga · 2014 · cited in 3 Georgia opinions naming this issue, 2015–2021
2 sentences

2021Contrary to Willerson’s assertion that his history of abuse and mental illness supports his claim of self-defense, “the subjective fears of a particular defendant are irrelevant in the evaluation of this defense,” and “[t]he critical factor in a justification defense is whether a defendant acted with the fear of a reasonable person under the circumstances.” O’Connell v. State, 294 Ga. 379, 382 (3) 8 (754 SE2d 29) (2014).

2021Contrary to Willerson’s assertion that his history of abuse and mental illness supports his claim of self-defense, “the subjective fears of a particular defendant are irrelevant in the evaluation of this defense,” and “[t]he critical factor in a justification defense is whether a defendant acted with the fear of a reasonable person under the circumstances.” O’Connell v. State, 294 Ga. 379, 382 (3) 8 (754 SE2d 29) (2014).

33
Davenport v. Northeast Georgia Medical Center, Inc.green
gactapp · 2000 · cited in 1 Georgia opinions naming this issue, 2017–2017
1 sentence

2017See Davenport, 247 Ga.App. at 185 (1) (a) (revocation of medical staff privileges made in the reasonable belief that it was in furtherance of quality health care, where numerous complaints were submitted regarding the doctor’s call coverage, compliance with hospital rules and policies, and interaction with nursing personnel). (ii) Dr. Kolb further asserts that Northside improperly focused on her religious and spiritual beliefs instead of patient care in suspending her privileges.

11
Wesley v. Stategreen
ga · 2010 · cited in 1 Georgia opinions naming this issue, 2016–2016
1 sentence

2016See Wesley, 286 Ga. at 356 .

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
Woodard v. State green
ga · 2015
2 sentences

2017We consider first the most important of these factors — the soundness of the precedent’s reasoning — and we conclude that it “cuts most strongly against retaining [the local-ordinance requirement].” Woodard, 296 Ga. at 813 . (a) The local-ordinance requirement conflicts with OCGA § 5-4-1 and this Court’s interpretation and application of that statute in non-zoning contexts.

2017We consider first the most important of these factors — the soundness of the precedent’s reasoning — and we conclude that it “cuts most strongly against retaining [the local-ordinance requirement].” Woodard, 296 Ga. at 813 . (a) The local-ordinance requirement conflicts with OCGA § 5-4-1 and this Court’s interpretation and application of that statute in non-zoning contexts.

22017–2017
County Court of Ulster Cty. v. Allen green
scotus · 1979
1 sentence

1981None suggests that a court should pass on the constitutionality of this kind of statute ‘on its face.’ It was error for the Court of Appeals to make such a determination in this case.” 442 U. S. at 162-63 .

11981–1981

Statutes the citing opinions construe

GA § 16-3-21 (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.

Where else courts name it

NJ 178 (1964–2026) CA 32 (1976–2026) TX 28 (1986–2026) IL 24 (1978–2025) MN 20 (1987–2025) PA 19 (1979–2026) NY 15 (1972–2024) OH 13 (1985–2025) WA 12 (2009–2024) MI 12 (1991–2022) NM 11 (1972–2023) CT 11 (1977–2024) LA 11 (1999–2022) MA 8 (1989–2023) GA 8 (1981–2021) FL 7 (1982–2003) NC 7 (2020–2023) ID 6 (1983–2012) MO 5 (1973–2015) CO 5 (1994–2018) VT 4 (1971–2007) UT 4 (1980–2017) NH 3 (1994–1997) MT 3 (1982–2019) ME 3 (2011–2015) OR 3 (2014–2026) AL 2 (1978–2004) WV 2 (2005–2017) SC 2 (2015–2021) NE 2 (2016–2025) KS 2 (2001–2014) WI 2 (2004–2008) AK 2 (1972–1978) AZ 2 (2018–2022) DC 2 (1992–1994) HI 2 (1986–2020) IA 2 (2005–2014) DE 2 (2021–2023)

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.

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