person claiming privilege (Georgia) · Go Syfert
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person claiming privilege in Georgia

7 Georgia opinions name it 2 courts 1935–2023 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 (8)

CaseFollowedCited
Sims v. Stategreen
ga · 1984 · cited in 2 Georgia opinions naming this issue, 2014–2014
2 sentences

2014Moreover, and of primary importance in this case, is the fact that unlike other recognized privileges, the psychiatrist-patient privilege survives the death of the patient.6 See Sims v. State, 251 Ga. 877, 881 ( 311 SE2d 161 ) (1984); 5 Applying these rules, our courts have determined that the privilege is not waived when a party claiming the privilege puts at issue in a civil proceeding the nature and extent of his or her emotional or mental injuries, see Mincey v. Georgia Dept. of Community Affairs, 308 Ga. App. 740, 745 ( 708 SE2d 644 ) (2011), is not waived when the person claiming the pri

2014Moreover, and of primary importance in this case, is the fact that unlike other recognized privileges, the psychiatrist-patient privilege survives the death of the patient.6 See Sims v. State, 251 Ga. 877, 881 ( 311 SE2d 161 ) (1984); 5 Applying these rules, our courts have determined that the privilege is not waived when a party claiming the privilege puts at issue in a civil proceeding the nature and extent of his or her emotional or mental injuries, see Mincey v. Georgia Dept. of Community Affairs, 308 Ga. App. 740, 745 ( 708 SE2d 644 ) (2011), is not waived when the person claiming the pri

22
Kennestone Hospital, Inc. v. Hopsongreen
ga · 2000 · cited in 2 Georgia opinions naming this issue, 2014–2014
2 sentences

2014See Kennestone Hosp., Inc., supra, 273 Ga. at 149 (“Given the importance of the privilege in encouraging and protecting confidential communications concerning the emotional and mental health of individuals, . . . the silence and failure to act in response to a request for privileged matter . . . does not waive the party’s privilege by implication.”).

2014See Kennestone Hosp., Inc., supra, 273 Ga. at 149 (“Given the importance of the privilege in encouraging and protecting confidential communications concerning the emotional and mental health of individuals, . . . [the] silence and failure to act in response to a request for privileged matter ... does not waive the party’s privilege by implication.”).

22
Bobo v. Stategreen
ga · 1986 · cited in 2 Georgia opinions naming this issue, 2014–2014
2 sentences

2014Moreover, and of primary importance in this case, is the fact that unlike other recognized privileges, the psychiatrist-patient privilege survives the death of the patient.6 See Sims v. State, 251 Ga. 877, 881 ( 311 SE2d 161 ) (1984); 5 Applying these rules, our courts have determined that the privilege is not waived when a party claiming the privilege puts at issue in a civil proceeding the nature and extent of his or her emotional or mental injuries, see Mincey v. Georgia Dept. of Community Affairs, 308 Ga. App. 740, 745 ( 708 SE2d 644 ) (2011), is not waived when the person claiming the pri

2014Moreover, and of primary importance in this case, is the fact that unlike other recognized privileges, the psychiatrist-patient privilege survives the death of the patient.6 See Sims v. State, 251 Ga. 877, 881 ( 311 SE2d 161 ) (1984); 5 Applying these rules, our courts have determined that the privilege is not waived when a party claiming the privilege puts at issue in a civil proceeding the nature and extent of his or her emotional or mental injuries, see Mincey v. Georgia Dept. of Community Affairs, 308 Ga. App. 740, 745 ( 708 SE2d 644 ) (2011), is not waived when the person claiming the pri

22
Mincey v. Georgia Department of Community Affairsgreen
gactapp · 2011 · cited in 2 Georgia opinions naming this issue, 2014–2014
2 sentences

2014Moreover, and of primary importance in this case, is the fact that unlike other recognized privileges, the psychiatrist-patient privilege survives the death of the patient.6 See Sims v. State, 251 Ga. 877, 881 ( 311 SE2d 161 ) (1984); 5 Applying these rules, our courts have determined that the privilege is not waived when a party claiming the privilege puts at issue in a civil proceeding the nature and extent of his or her emotional or mental injuries, see Mincey v. Georgia Dept. of Community Affairs, 308 Ga. App. 740, 745 ( 708 SE2d 644 ) (2011), is not waived when the person claiming the pri

2014Moreover, and of primary importance in this case, is the fact that unlike other recognized privileges, the psychiatrist-patient privilege survives the death of the patient.6 See Sims v. State, 251 Ga. 877, 881 ( 311 SE2d 161 ) (1984); 5 Applying these rules, our courts have determined that the privilege is not waived when a party claiming the privilege puts at issue in a civil proceeding the nature and extent of his or her emotional or mental injuries, see Mincey v. Georgia Dept. of Community Affairs, 308 Ga. App. 740, 745 ( 708 SE2d 644 ) (2011), is not waived when the person claiming the pri

22
United States v. Whitegreen
scotus · 1944 · cited in 2 Georgia opinions naming this issue, 1981–2010
2 sentences

2010It protected “papers and effects ... [that were] the personal property of the person claiming the privilege, or at least in his possession in a purely personal capacity.” Id.

1981United States v. White, 322 U. S. 694, 698-699 (64 SC 1248, 88 LE 1542).

12
State v. COPELAND (Three Cases)green
ga · 2020 · cited in 1 Georgia opinions naming this issue, 2023–2023
1 sentence

2023(Emphasis supplied.) Copeland, 310 Ga. at 350 (2) (a). 8 Thus, in considering Larscheid’s motion for immunity, the trial court was required to consider whether McCrary’s conduct constituted an imminent use of unlawful force and whether Larscheid’s use of the ASP baton against McCrary was based on a reasonable belief that this force was necessary to defend himself or a third person against McCrary’s imminent use of unlawful force.

11
Atwater v. Stategreen
gactapp · 1998 · cited in 1 Georgia opinions naming this issue, 2019–2019
2 sentences

2019The person claiming a violation of his Fourth Amendment rights bears the burden of demonstrating that he has “standing to contest such violation, i. e., that he has a legitimate expectation of privacy in the premises searched.” (Citation omitted.) Atwater v. State, 233 Ga. App. 339, 340 (2) ( 503 SE2d 919 ) (1998).

2019The person claiming a violation of his Fourth Amendment rights bears the burden of demonstrating that he has “standing to contest such violation, i. e., that he has a legitimate expectation of privacy in the premises searched.” (Citation omitted.) Atwater v. State, 233 Ga. App. 339, 340 (2) ( 503 SE2d 919 ) (1998).

11
Holmes v. Clisbygreen
ga · 1903 · cited in 1 Georgia opinions naming this issue, 1935–1935
1 sentence

1935Holmes v. Clisby, 118 Ga. 820, 825 ( 45 S. E. 684 ).

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
Trammel v. Bradberry green
gactapp · 2002
2 sentences

2014Moreover, and of primary importance in this case, is the fact that unlike other recognized privileges, the psychiatrist-patient privilege survives the death of the patient.6 See Sims v. State, 251 Ga. 877, 881 ( 311 SE2d 161 ) (1984); 5 Applying these rules, our courts have determined that the privilege is not waived when a party claiming the privilege puts at issue in a civil proceeding the nature and extent of his or her emotional or mental injuries, see Mincey v. Georgia Dept. of Community Affairs, 308 Ga. App. 740, 745 ( 708 SE2d 644 ) (2011), is not waived when the person claiming the pri

2014Moreover, and of primary importance in this case, is the fact that unlike other recognized privileges, the psychiatrist-patient privilege survives the death of the patient.6 See Sims v. State, 251 Ga. 877, 881 ( 311 SE2d 161 ) (1984); 5 Applying these rules, our courts have determined that the privilege is not waived when a party claiming the privilege puts at issue in a civil proceeding the nature and extent of his or her emotional or mental injuries, see Mincey v. Georgia Dept. of Community Affairs, 308 Ga. App. 740, 745 ( 708 SE2d 644 ) (2011), is not waived when the person claiming the pri

22014–2014
Means v. Subers green
ga · 1903
1 sentence

1935Holmes v. Clisby, 118 Ga. 820, 825 ( 45 S. E. 684 ).

11935–1935

Where else courts name it

CA 29 (1962–2025) PA 20 (1956–2023) IL 17 (1962–2025) OH 16 (1993–2024) TX 16 (2000–2025) MI 9 (1961–2024) NY 8 (1892–1995) GA 7 (1935–2023) WI 5 (1983–2025) LA 5 (1957–2011) ME 5 (1971–2014) TN 4 (1951–2013) IA 3 (1929–2010) MD 3 (1975–2009) FL 3 (1986–2012) ND 3 (1991–2019) WA 3 (1981–2009) NJ 3 (1980–2025) AL 2 (2005–2005) AK 2 (1981–1985) MO 2 (1987–1991) CT 2 (1925–1995) MA 2 (1994–2012) AZ 2 (1969–2002) MN 2 (1983–1993) OK 2 (1951–1972)

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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