reasonable probability immunity (Georgia) · Go Syfert
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reasonable probability immunity in Georgia

8 Georgia opinions name it 2 courts 1990–2024 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 (12)

CaseFollowedCited
Holt v. Ebingergreen
ga · 2018 · cited in 2 Georgia opinions naming this issue, 2019–2019
2 sentences

2019See Holt v. Ebinger , 303 Ga. 804 , 808, 814 S.E.2d 298 (2018) (citing Smith v. State , 309 Ga. App. 241 , 247-248 (3), 709 S.E.2d 823 ((2011) ); Moran v. State , 334 Ga. App. 765 , 770, 780 S.E.2d 529 (2015). *377 In sum, Goodson has failed to show the evidence was insufficient to convict and that he received ineffective assistance of counsel.

2019See Holt v. Ebinger, 303 Ga. 804, 808 ( 814 SE2d 298 ) (2018) (citing Smith v. State, 309 Ga. App. 241, 247-248 (3) (c) ( 709 SE2d 823 ) (2011)); Moran v. State, 334 Ga. App. 765, 770 (2) ( 780 SE2d 529 ) (2015).

22
In re Ledouxgreen
ga · 2018 · cited in 2 Georgia opinions naming this issue, 2019–2019
2 sentences

2019See Holt v. Ebinger , 303 Ga. 804 , 808, 814 S.E.2d 298 (2018) (citing Smith v. State , 309 Ga. App. 241 , 247-248 (3), 709 S.E.2d 823 ((2011) ); Moran v. State , 334 Ga. App. 765 , 770, 780 S.E.2d 529 (2015). *377 In sum, Goodson has failed to show the evidence was insufficient to convict and that he received ineffective assistance of counsel.

2019See Holt v. Ebinger, 303 Ga. 804, 808 ( 814 SE2d 298 ) (2018) (citing Smith v. State, 309 Ga. App. 241, 247-248 (3) (c) ( 709 SE2d 823 ) (2011)); Moran v. State, 334 Ga. App. 765, 770 (2) ( 780 SE2d 529 ) (2015).

22
Smith v. Stategreen
gactapp · 2011 · cited in 2 Georgia opinions naming this issue, 2019–2019
2 sentences

2019See Holt v. Ebinger , 303 Ga. 804 , 808, 814 S.E.2d 298 (2018) (citing Smith v. State , 309 Ga. App. 241 , 247-248 (3), 709 S.E.2d 823 ((2011) ); Moran v. State , 334 Ga. App. 765 , 770, 780 S.E.2d 529 (2015). *377 In sum, Goodson has failed to show the evidence was insufficient to convict and that he received ineffective assistance of counsel.

2019See Holt v. Ebinger , 303 Ga. 804 , 808, 814 S.E.2d 298 (2018) (citing Smith v. State , 309 Ga. App. 241 , 247-248 (3), 709 S.E.2d 823 ((2011) ); Moran v. State , 334 Ga. App. 765 , 770, 780 S.E.2d 529 (2015). *377 In sum, Goodson has failed to show the evidence was insufficient to convict and that he received ineffective assistance of counsel.

22
Bridges v. Stategreen
ga · 2010 · cited in 2 Georgia opinions naming this issue, 2012–2013
2 sentences

2013To do so, [she] must establish a reasonable probability that the error would have been found not harmless at trial, i.e., a “reasonable probability that the outcome would have been more favorable if counsel had objected to her absence during the [examination of Alyssa].” Bridges, supra, 286 Ga. at 539 (3).

2013To do so, [she] must establish a reasonable probability that the error would have been found not harmless at trial, i.e., a “reasonable probability that the outcome would have been more favorable if counsel had objected to her absence during the [examination of Alyssa].” Bridges, supra, 286 Ga. at 539 (3).

22
Moran v. the Stategreen
gactapp · 2015 · cited in 2 Georgia opinions naming this issue, 2019–2019
2 sentences

2019See Holt v. Ebinger , 303 Ga. 804 , 808, 814 S.E.2d 298 (2018) (citing Smith v. State , 309 Ga. App. 241 , 247-248 (3), 709 S.E.2d 823 ((2011) ); Moran v. State , 334 Ga. App. 765 , 770, 780 S.E.2d 529 (2015). *377 In sum, Goodson has failed to show the evidence was insufficient to convict and that he received ineffective assistance of counsel.

2019See Holt v. Ebinger , 303 Ga. 804 , 808, 814 S.E.2d 298 (2018) (citing Smith v. State , 309 Ga. App. 241 , 247-248 (3), 709 S.E.2d 823 ((2011) ); Moran v. State , 334 Ga. App. 765 , 770, 780 S.E.2d 529 (2015). *377 In sum, Goodson has failed to show the evidence was insufficient to convict and that he received ineffective assistance of counsel.

12
Goodson v. Stategreen
ga · 2019 · cited in 1 Georgia opinions naming this issue, 2024–2024
2 sentences

2024See Maynor, 317 Ga. at 497; OCGA § 16-3-21 (b) (3) (providing that a person is not justified in using force in self- defense if he was the aggressor); Mathis, 309 Ga. at 114-115 (identifying no deficient performance where trial counsel chose not to file a meritless motion for immunity); Velasco v. State, 306 Ga. 888, 892-893 (834 SE2d 21) (2019) (holding that a showing of prejudice requires evidence that the motion would have been meritorious and holding that counsel were not ineffective for failing to file a meritless motion); Goodson v. State, 305 Ga. 246, 250-251 13 (824 SE2d 371) (2019) (c

2024See Maynor, 317 Ga. at 497; OCGA § 16-3-21 (b) (3) (providing that a person is not justified in using force in self- defense if he was the aggressor); Mathis, 309 Ga. at 114-115 (identifying no deficient performance where trial counsel chose not to file a meritless motion for immunity); Velasco v. State, 306 Ga. 888, 892-893 (834 SE2d 21) (2019) (holding that a showing of prejudice requires evidence that the motion would have been meritorious and holding that counsel were not ineffective for failing to file a meritless motion); Goodson v. State, 305 Ga. 246, 250-251 13 (824 SE2d 371) (2019) (c

11
Mathis v. Stategreen
ga · 2020 · cited in 1 Georgia opinions naming this issue, 2024–2024
1 sentence

2024See Maynor, 317 Ga. at 497 ; OCGA § 16-3-21 (b) (3) (providing that a person is not justified in using force in self- defense if he was the aggressor); Mathis, 309 Ga. at 114-115 (identifying no deficient performance where trial counsel chose not to file a meritless motion for immunity); Velasco v. State, 306 Ga. 888, 892-893 ( 834 SE2d 21 ) (2019) (holding that a showing of prejudice requires evidence that the motion would have been meritorious and holding that counsel was not ineffective for failing to file a meritless motion); Goodson v. State, 305 Ga. 246, 250-251 ( 824 SE2d 371 ) (2019) (

11
Velasco v. Stategreen
ga · 2019 · cited in 1 Georgia opinions naming this issue, 2024–2024
2 sentences

2024See Maynor, 317 Ga. at 497; OCGA § 16-3-21 (b) (3) (providing that a person is not justified in using force in self- defense if he was the aggressor); Mathis, 309 Ga. at 114-115 (identifying no deficient performance where trial counsel chose not to file a meritless motion for immunity); Velasco v. State, 306 Ga. 888, 892-893 (834 SE2d 21) (2019) (holding that a showing of prejudice requires evidence that the motion would have been meritorious and holding that counsel were not ineffective for failing to file a meritless motion); Goodson v. State, 305 Ga. 246, 250-251 13 (824 SE2d 371) (2019) (c

2024See Maynor, 317 Ga. at 497 ; OCGA § 16-3-21 (b) (3) (providing that a person is not justified in using force in self- defense if he was the aggressor); Mathis, 309 Ga. at 114-115 (identifying no deficient performance where trial counsel chose not to file a meritless motion for immunity); Velasco v. State, 306 Ga. 888, 892-893 ( 834 SE2d 21 ) (2019) (holding that a showing of prejudice requires evidence that the motion would have been meritorious and holding that counsel was not ineffective for failing to file a meritless motion); Goodson v. State, 305 Ga. 246, 250-251 ( 824 SE2d 371 ) (2019) (

11
Maynor v. Stategreen
ga · 2023 · cited in 1 Georgia opinions naming this issue, 2024–2024
2 sentences

2024See Maynor, 317 Ga. at 497; OCGA § 16-3-21 (b) (3) (providing that a person is not justified in using force in self- defense if he was the aggressor); Mathis, 309 Ga. at 114-115 (identifying no deficient performance where trial counsel chose not to file a meritless motion for immunity); Velasco v. State, 306 Ga. 888, 892-893 (834 SE2d 21) (2019) (holding that a showing of prejudice requires evidence that the motion would have been meritorious and holding that counsel were not ineffective for failing to file a meritless motion); Goodson v. State, 305 Ga. 246, 250-251 13 (824 SE2d 371) (2019) (c

2024See Maynor, 317 Ga. at 497 ; OCGA § 16-3-21 (b) (3) (providing that a person is not justified in using force in self- defense if he was the aggressor); Mathis, 309 Ga. at 114-115 (identifying no deficient performance where trial counsel chose not to file a meritless motion for immunity); Velasco v. State, 306 Ga. 888, 892-893 ( 834 SE2d 21 ) (2019) (holding that a showing of prejudice requires evidence that the motion would have been meritorious and holding that counsel was not ineffective for failing to file a meritless motion); Goodson v. State, 305 Ga. 246, 250-251 ( 824 SE2d 371 ) (2019) (

11
Turner v. Stategreen
gactapp · 2000 · cited in 1 Georgia opinions naming this issue, 2009–2009
2 sentences

2009The error in Miller is traced back to Turner v. State, 245 Ga. App. 294, 295 (4) ( 536 SE2d 814 ) (2000), in which the Court of Appeals misstated the Strickland standard by omitting the “reasonable probability” language.

2009The error in Miller is traced back to Turner v. State, 245 Ga. App. 294, 295 (4) ( 536 SE2d 814 ) (2000), in which the Court of Appeals misstated the Strickland standard by omitting the “reasonable probability” language.

11
Johnson v. Stategreen
ga · 1976 · cited in 1 Georgia opinions naming this issue, 1990–1990
2 sentences

1990And, under the operative circumstances of this case, it cannot be said that the illegally admitted evidence did not affect the jury's verdict so as to be harmless either beyond a reasonable doubt (as required in cases of violations of constitutional magnitude) or under the reasonable probability test of Johnson v. State, 238 Ga. 59, 61 ( 230 SE2d 869 ) and Hamilton v. State, 239 Ga. 72, 77 ( 235 SE2d 515 ).

1990And, under the operative circumstances of this case, it cannot be said that the illegally admitted evidence did not affect the jury's verdict so as to be harmless either beyond a reasonable doubt (as required in cases of violations of constitutional magnitude) or under the reasonable probability test of Johnson v. State, 238 Ga. 59, 61 ( 230 SE2d 869 ) and Hamilton v. State, 239 Ga. 72, 77 ( 235 SE2d 515 ).

11
Hamilton v. Stategreen
ga · 1977 · cited in 1 Georgia opinions naming this issue, 1990–1990
2 sentences

1990And, under the operative circumstances of this case, it cannot be said that the illegally admitted evidence did not affect the jury's verdict so as to be harmless either beyond a reasonable doubt (as required in cases of violations of constitutional magnitude) or under the reasonable probability test of Johnson v. State, 238 Ga. 59, 61 ( 230 SE2d 869 ) and Hamilton v. State, 239 Ga. 72, 77 ( 235 SE2d 515 ).

1990And, under the operative circumstances of this case, it cannot be said that the illegally admitted evidence did not affect the jury's verdict so as to be harmless either beyond a reasonable doubt (as required in cases of violations of constitutional magnitude) or under the reasonable probability test of Johnson v. State, 238 Ga. 59, 61 ( 230 SE2d 869 ) and Hamilton v. State, 239 Ga. 72, 77 ( 235 SE2d 515 ).

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 (1)

CaseCitedYears
Herndon v. State green
gactapp · 1998
1 sentence

2002Herndon,, supra, 235 Ga. App. at 259-260 .

12002–2002

Statutes the citing opinions construe

GA § 16-3-21 (3) GA § 16-3-24.2 (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

OH 280 (2001–2026) CA 277 (1979–2026) MI 121 (1986–2026) PA 112 (1995–2026) KS 75 (2011–2026) NM 70 (1999–2026) CO 55 (1983–2026) WA 55 (2001–2026) MO 50 (1985–2024) TX 27 (1985–2023) IL 25 (1984–2025) UT 23 (1987–2026) TN 21 (1999–2025) WI 19 (1984–2026) MD 13 (1982–2025) DC 12 (1990–2018) NC 10 (1965–2026) NY 10 (1990–2023) ME 10 (2006–2020) FL 9 (1997–2024) GA 8 (1990–2024) IA 7 (1984–2026) CT 7 (1993–2024) MN 7 (2009–2024) VI 6 (2009–2017) ID 5 (2014–2022) VT 5 (2013–2023) NJ 5 (1989–2024) AR 5 (2010–2022) MA 4 (2014–2025) OK 4 (1987–2013) DE 3 (1988–2019) OR 3 (2020–2025) AZ 3 (2006–2024) VA 2 (2006–2022) NV 2 (2018–2020) LA 2 (2007–2017)

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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