Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
8 Georgia opinions name it 2 courts 1987–2026 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 |
|---|---|---|
Sanders v. Stategreen2 sentences2012“Because there is not a reasonable probability that renewing the motion for a mistrial after the curative instruction was given would have changed the outcome of the trial, we conclude that [Hernandez] was not denied effective assistance of counsel.” (Citation omitted.) Id. (b) Hernandez next contends that his trial counsel erred in failing to conduct a proper examination of the victim in support of his motion for mistrial. 2012“Because there is not a reasonable probability that renewing the motion for a mistrial after the curative instruction was given would have changed the outcome of the trial, we conclude that [Hernandez] was not denied effective assistance of counsel.” (Citation and punctuation omitted.) Id. (b) Hernandez next contends that his trial counsel erred in failing to conduct a proper examination of the victim in support of his motion for mistrial. | 1 | 3 |
Woods v. Stategreen1 sentence2026See Woods v. State, 312 Ga. 405, 411 (3) (a) (862 3 Bunn incorrectly states in his brief that the court did not instruct the jury to disregard the testimony. 20 SE2d 526 ) (2021) (it is the prejudice arising from counsel’s errors that is constitutionally relevant, not each individual error considered in a vacuum). | 1 | 1 |
Hartsfield v. Stategreen2 sentences2026See also Hartsfield v. State, 294 Ga. 883, 887 (3) (a) ( 757 SE2d 90 ) (2014) (defendant not denied effective assistance of counsel when “there is not a reasonable probability that [making a] motion for a mistrial after the curative instruction would have changed the outcome of the trial”). (i) Cumulative prejudice Although not argued by Bunn, we must consider whether he is entitled to a new trial based on cumulative prejudice. 2026See also Hartsfield v. State, 294 Ga. 883, 887 (3) (a) ( 757 SE2d 90 ) (2014) (defendant not denied effective assistance of counsel when “there is not a reasonable probability that [making a] motion for a mistrial after the curative instruction would have changed the outcome of the trial”). (i) Cumulative prejudice Although not argued by Bunn, we must consider whether he is entitled to a new trial based on cumulative prejudice. | 1 | 1 |
Smith v. Stategreen2 sentences2021The defense did not renew its motion for a mistrial after the curative instruction, so denial of the motion was not preserved for appellate review. “[B]ecause [Evans] failed to renew [the] motion for mistrial after the trial court denied it and then took other corrective action, this argument is waived.” Smith v. State, 302 Ga. 699, 702 (3) ( 808 SE2d 692 ) (2017). 9. 2021The defense did not renew its motion for a mistrial after the curative instruction, so denial of the motion was not preserved for appellate review. “[B]ecause [Evans] failed to renew [the] motion for mistrial after the trial court denied it and then took other corrective action, this argument is waived.” Smith v. State, 302 Ga. 699, 702 (3) ( 808 SE2d 692 ) (2017). 9. | 1 | 1 |
Hargett v. Stategreen2 sentences2012See Hargett v. State, 285 Ga. 82, 86 (3) ( 674 SE2d 261 ) (2009). 5. 2012See Hargett v. State, 285 Ga. 82, 86 (3) ( 674 SE2d 261 ) (2009). 5. | 1 | 1 |
Fambro v. Stategreen2 sentences1987Fambro v. State, 165 Ga. App. 445, 447 (4) ( 299 SE2d 114 ) (1983). 5. 1987Fambro v. State, 165 Ga. App. 445, 447 (4) ( 299 SE2d 114 ) (1983). 5. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bankston v. State
green
2 sentences1988Since the rule requiring renewal of a motion for a mistrial following curative instructions has been retained in criminal cases, the issue has not been preserved for appellate review. [Cits.]” Bankston v. State, 159 Ga. App. 342 (3) ( 283 SE2d 319 ) (1981). 3. 1988Since the rule requiring renewal of a motion for a mistrial following curative instructions has been retained in criminal cases, the issue has not been preserved for appellate review. [Cits.]” Bankston v. State, 159 Ga. App. 342 (3) ( 283 SE2d 319 ) (1981). 3. | 1 | 1988–1988 |