giving of a curative instruction (Georgia) · Go Syfert
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giving of a curative instruction in Georgia

8 Georgia opinions name it 2 courts 1980–2026 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 (5)

CaseFollowedCited
Kitchens v. Stategreen
ga · 2011 · cited in 2 Georgia opinions naming this issue, 2014–2014
2 sentences

2014Kitchens v. State, 289 Ga. 242, 245 (2) (e) ( 710 SE2d 551 ) (2011).

2014Kitchens v. State, 289 Ga. 242, 245 (2) (e) ( 710 SE2d 551 ) (2011).

22
Patel v. Stategreen
ga · 2007 · cited in 1 Georgia opinions naming this issue, 2026–2026
1 sentence

2026See Patel, 282 Ga. at 415 .

11
Clay v. Stategreen
gactapp · 1995 · cited in 1 Georgia opinions naming this issue, 2011–2011
1 sentence

2011See Clay, 216 Ga. App. at 312 (2) (noting that “there are instances where curative instructions would serve only to emphasize the alleged error”) (citations and punctuation omitted).

11
Suah v. Stategreen
ga · 1999 · cited in 1 Georgia opinions naming this issue, 2000–2000
1 sentence

2000See generally Suah v. State, 271 Ga. 89 (3) ( 515 SE2d 614 ) (1999).

11
Suah v. Stategreen
ga · 1999 · cited in 1 Georgia opinions naming this issue, 2000–2000
1 sentence

2000See generally Suah v. State, 271 Ga. 89 (3) ( 515 SE2d 614 ) (1999).

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 (6)

CaseCitedYears
Keener v. State green
ga · 2017
2 sentences

2019The "standard for deficient performance is an objective one, hindsight has no place in an assessment of the performance of trial counsel, and a lawyer second-guessing [her] own performance with the benefit of hindsight has no significance for an ineffective assistance of counsel claim." Keener v. State , 301 Ga. 848 , 850 (2), 804 S.E.2d 383 (2017) (citations and punctuation omitted). c.

2019The "standard for deficient performance is an objective one, hindsight has no place in an assessment of the performance of trial counsel, and a lawyer second-guessing [her] own performance with the benefit of hindsight has no significance for an ineffective assistance of counsel claim." Keener v. State , 301 Ga. 848 , 850 (2), 804 S.E.2d 383 (2017) (citations and punctuation omitted). c.

12019–2019
Davis v. State green
gactapp · 2014
2 sentences

2019This Court has held that "[a] strategic decision not to draw the jury's attention to unfavorable testimony through the giving of a curative instruction is within the wide latitude of presumptively reasonable professional conduct engaged in by a trial attorney." Davis v. State , 326 Ga. App. 778 , 782 (2) (b), 757 S.E.2d 443 (2014) (citation omitted).

2019This Court has held that "[a] strategic decision not to draw the jury's attention to unfavorable testimony through the giving of a curative instruction is within the wide latitude of presumptively reasonable professional conduct engaged in by a trial attorney." Davis v. State , 326 Ga. App. 778 , 782 (2) (b), 757 S.E.2d 443 (2014) (citation omitted).

12019–2019
Johnson v. State green
gactapp · 2007
2 sentences

2009It is well settled that “a passing reference to a defendant’s criminal record does not suffice to put his character in evidence so as to violate OCGA § 24-2-2.” (Citations and punctuation omitted.) Johnson v. State, 285 Ga. App. 590 (1) ( 646 SE2d 760 ) (2007).

2009It is well settled that “a passing reference to a defendant’s criminal record does not suffice to put his character in evidence so as to violate OCGA § 24-2-2.” (Citations and punctuation omitted.) Johnson v. State, 285 Ga. App. 590 (1) ( 646 SE2d 760 ) (2007).

12009–2009
McCord v. State green
ga · 1997
1 sentence

2000Even assuming, arguendo, that Benford was harmed by a detective’s mention of Benford’s alias, but see McCord v. State, 268 Ga. 842 (2) ( 493 SE2d 129 ) (1997), because of the nature of the challenged testimony, the other evidence in the case, and the action taken by the court, including the giving of a curative instruction, we find no abuse of the trial court’s discretion in denying Benford’s motion for mistrial.

12000–2000
McCord v. State green
ga · 1997
1 sentence

2000Even assuming, arguendo, that Benford was harmed by a detective’s mention of Benford’s alias, but see McCord v. State, 268 Ga. 842 (2) ( 493 SE2d 129 ) (1997), because of the nature of the challenged testimony, the other evidence in the case, and the action taken by the court, including the giving of a curative instruction, we find no abuse of the trial court’s discretion in denying Benford’s motion for mistrial.

12000–2000
Benefield v. State green
gactapp · 1976
2 sentences

1980In view of the trial court’s discretion in regard to the giving of a curative instruction (see Benefield v. State, 140 Ga. App. 727 (3) ( 232 SE2d 89 )), and in view of counsel’s failure to raise objection at trial to the content or sufficiency of the court’s instructions, we find no reversible error as enumerated.

1980In view of the trial court’s discretion in regard to the giving of a curative instruction (see Benefield v. State, 140 Ga. App. 727 (3) ( 232 SE2d 89 )), and in view of counsel’s failure to raise objection at trial to the content or sufficiency of the court’s instructions, we find no reversible error as enumerated.

11980–1980

Statutes the citing opinions construe

GA § 24-14-8 (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

GA 8 (1980–2026) FL 6 (1985–2017) TX 3 (1989–1990) WA 2 (1996–1996) NM 2 (2023–2025)

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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