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8 Georgia opinions name it 1 courts 2011–2020 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.
| Case | Followed | Cited |
|---|---|---|
EZEBUIRO v. Stategreen2 sentences2020When the parties disagree about the amount of restitution prior to sentencing, OCGA § 17-14-7 (b) calls for a restitution hearing: “If the parties have not agreed on the amount of restitution prior to sentencing, the ordering authority shall set a date for a hearing to determine restitution. . . .” But a defendant can “waive[] any error in the decision of the trial court to decide the question of restitution as a part of the sentencing hearing, rather than in a separate and distinct hearing.” Ezebuiro v. State, 308 Ga. App. 282, 285 (2) (b) ( 707 SE2d 182 ) (2011). 2020When the parties disagree about the amount of restitution prior to sentencing, OCGA § 17-14-7 (b) calls for a restitution hearing: “If the parties have not agreed on the amount of restitution prior to sentencing, the ordering authority shall set a date for a hearing to determine restitution. . . .” But a defendant can “waive[] any error in the decision of the trial court to decide the question of restitution as a part of the sentencing hearing, rather than in a separate and distinct hearing.” Ezebuiro v. State, 308 Ga. App. 282, 285 (2) (b) ( 707 SE2d 182 ) (2011). | 5 | 5 |
Wilson v. Stategreen2 sentences2014Although Graf cites Watts v. State, 321 Ga. App. 289 ( 739 SE2d 129 ) (2013), for the proposition that a trial court errs when it fails to hold a separate restitution hearing, Graf does not assert or show that she asked for such a hearing, and has thus “waived any error in the decision of the trial court to decide the question of restitution as a part of the sentencing hearing, rather than in a separate and distinct hearing.” Wilson v. State, 317 Ga. App. 171, 180 (2) (b) ( 730 SE2d 500 ) (2012) (citations and punctuation omitted). 2014Although Graf cites Watts v. State, 321 Ga. App. 289 ( 739 SE2d 129 ) (2013), for the proposition that a trial court errs when it fails to hold a separate restitution hearing, Graf does not assert or show that she asked for such a hearing, and has thus “waived any error in the decision of the trial court to decide the question of restitution as a part of the sentencing hearing, rather than in a separate and distinct hearing.” Wilson v. State, 317 Ga. App. 171, 180 (2) (b) ( 730 SE2d 500 ) (2012) (citations and punctuation omitted). | 3 | 3 |
Futch v. Stategreen2 sentences2020But a defendant can “waive any error in the decision of the trial court to decide the question of restitution as a part of the sentencing hearing, rather than in a separate and distinct hearing.” (Citations and punctuation omitted.) Wilson v. State, __ Ga. App. __ (2) (842 SE2d 521, 524-525 (2)) (2020); see also Futch v. State, 314 Ga. App. 294, 297-298 (3) (a) (723 SE2d 714) (2012); Ezebuiro v. State, 308 Ga. App. 282, 285-286 (2) (a) (707 SE2d 182) (2011). 2020But a defendant can “waive any error in the decision of the trial court to decide the question of restitution as a part of the sentencing hearing, rather than in a separate and distinct hearing.” (Citations and punctuation omitted.) Wilson v. State, __ Ga. App. __ (2) (842 SE2d 521, 524-525 (2)) (2020); see also Futch v. State, 314 Ga. App. 294, 297-298 (3) (a) (723 SE2d 714) (2012); Ezebuiro v. State, 308 Ga. App. 282, 285-286 (2) (a) (707 SE2d 182) (2011). | 3 | 3 |
Hames v. Stategreen2 sentences2011See Grant v. State, 289 Ga. *286 App. 230, 236 (5) ( 656 SE2d 873 ) (2008) (appellate courts cannot consider questions not presented to or ruled upon by the trial court); Hames v. State, 280 Ga. App. 708, 708 (1) ( 634 SE2d 836 ) (2006) (failure to object to trial court’s conduct of proceedings below waives appellate review of the issue). 2011See Grant v. State, 289 Ga. *286 App. 230, 236 (5) ( 656 SE2d 873 ) (2008) (appellate courts cannot consider questions not presented to or ruled upon by the trial court); Hames v. State, 280 Ga. App. 708, 708 (1) ( 634 SE2d 836 ) (2006) (failure to object to trial court’s conduct of proceedings below waives appellate review of the issue). | 1 | 1 |
Grant v. Stategreen1 sentence2011See Grant v. State, 289 Ga. *286 App. 230, 236 (5) ( 656 SE2d 873 ) (2008) (appellate courts cannot consider questions not presented to or ruled upon by the trial court); Hames v. State, 280 Ga. App. 708, 708 (1) ( 634 SE2d 836 ) (2006) (failure to object to trial court’s conduct of proceedings below waives appellate review of the issue). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Watts v. State
green
2 sentences2014Although Graf cites Watts v. State, 321 Ga. App. 289 ( 739 SE2d 129 ) (2013), for the proposition that a trial court errs when it fails to hold a separate restitution hearing, Graf does not assert or show that she asked for such a hearing, and has thus “waived any error in the decision of the trial court to decide the question of restitution as a part of the sentencing hearing, rather than in a separate and distinct hearing.” Wilson v. State, 317 Ga. App. 171, 180 (2) (b) ( 730 SE2d 500 ) (2012) (citations and punctuation omitted). 2014Although Graf cites Watts v. State, 321 Ga. App. 289 ( 739 SE2d 129 ) (2013), for the proposition that a trial court errs when it fails to hold a separate restitution hearing, Graf does not assert or show that she asked for such a hearing, and has thus “waived any error in the decision of the trial court to decide the question of restitution as a part of the sentencing hearing, rather than in a separate and distinct hearing.” Wilson v. State, 317 Ga. App. 171, 180 (2) (b) ( 730 SE2d 500 ) (2012) (citations and punctuation omitted). | 2 | 2014–2014 |
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.
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.