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7 Georgia opinions name it 2 courts 1981–2012 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 |
|---|---|---|
Vaughn v. Stategreen2 sentences2012See Hatley v. State, 290 Ga. 480, 485 ( 722 SE2d 67 ) (2012) (evidence of guilt overwhelming where defendant was only male in room with victim and he admitted incriminating facts); Vaughn v. State, 248 Ga. 127, 131 ( 281 SE2d 594 ) (1981) (overwhelming evidence of “guilt can negate the possibility that the constitutional error contributed to the conviction”). 2012See Hatley v. State, 290 Ga. 480, 485 ( 722 SE2d 67 ) (2012) (evidence of guilt overwhelming where defendant was only male in room with victim and he admitted incriminating facts); Vaughn v. State, 248 Ga. 127, 131 ( 281 SE2d 594 ) (1981) (overwhelming evidence of “guilt can negate the possibility that the constitutional error contributed to the conviction”). | 4 | 4 |
Hatley v. Stategreen2 sentences2012See Hatley v. State, 290 Ga. 480, 485 ( 722 SE2d 67 ) (2012) (evidence of guilt overwhelming where defendant was only male in room with victim and he admitted incriminating facts); Vaughn v. State, 248 Ga. 127, 131 ( 281 SE2d 594 ) (1981) (overwhelming evidence of “guilt can negate the possibility that the constitutional error contributed to the conviction”). 2012See Hatley v. State, 290 Ga. 480, 485 ( 722 SE2d 67 ) (2012) (evidence of guilt overwhelming where defendant was only male in room with victim and he admitted incriminating facts); Vaughn v. State, 248 Ga. 127, 131 ( 281 SE2d 594 ) (1981) (overwhelming evidence of “guilt can negate the possibility that the constitutional error contributed to the conviction”). | 1 | 1 |
Schneble v. Floridagreen2 sentences1995The United States Supreme Court applied the Chapman test in Schneble v. Florida, 405 U. S. 427, 430-432 (92 SC 1056, 31 LE2d 340) (1972), and considered the overwhelming evidence of guilt in reaching the conclusion that the constitutional error “was at most harmless.” Id. at 432 . *589 We cannot conclude, putting the burden on the State, that had the choices which appellant now complains of been followed, the integrity of the conviction would be in doubt. 1995The United States Supreme Court applied the Chapman test in Schneble v. Florida, 405 U. S. 427, 430-432 (92 SC 1056, 31 LE2d 340) (1972), and considered the overwhelming evidence of guilt in reaching the conclusion that the constitutional error “was at most harmless.” Id. at 432 . *589 We cannot conclude, putting the burden on the State, that had the choices which appellant now complains of been followed, the integrity of the conviction would be in doubt. | 1 | 1 |
Chambley v. Stategreen2 sentences1986Finally, appellant has not established how he was harmed by electing to present no further evidence. “[Ejvidence that someone else might have committed the crime, which does not dispute the identification at trial, is insufficient. [Cits.] Further . . . testimony . . . would be merely cumulative in that it goes to the issue of alibi and mistaken identity, and would only serve to impeach the credibility of the victim insofar as her positive identification of the defendant . . . is concerned [Cit.]” Tims v. State, 168 Ga. App. 409, 412 (2), supra. Even constitutional error is considered harmless 1986Finally, appellant has not established how he was harmed by electing to present no further evidence. “[Ejvidence that someone else might have committed the crime, which does not dispute the identification at trial, is insufficient. [Cits.] Further . . . testimony . . . would be merely cumulative in that it goes to the issue of alibi and mistaken identity, and would only serve to impeach the credibility of the victim insofar as her positive identification of the defendant . . . is concerned [Cit.]” Tims v. State, 168 Ga. App. 409, 412 (2), supra. Even constitutional error is considered harmless | 1 | 1 |
Tims v. Stategreen1 sentence1986Finally, appellant has not established how he was harmed by electing to present no further evidence. “[Ejvidence that someone else might have committed the crime, which does not dispute the identification at trial, is insufficient. [Cits.] Further . . . testimony . . . would be merely cumulative in that it goes to the issue of alibi and mistaken identity, and would only serve to impeach the credibility of the victim insofar as her positive identification of the defendant . . . is concerned [Cit.]” Tims v. State, 168 Ga. App. 409, 412 (2), supra. Even constitutional error is considered harmless | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Milton v. Wainwright
green
2 sentences1986Milton v. Wainwright, [ 407 U. S. 371 (92 SC 2174, 33 LE2d 1) (1972)].” Vaughn v. State, 248 Ga. 127, 131-132 ( 281 SE2d 594 ). 1981Milton v. Wainwright, supra. Even without the erroneously admitted confession, appellant’s jury unquestionably had before it sufficient evidence to support a finding of guilt. | 2 | 1981–1986 |
Chapman v. California
yellow
1 sentence1995In Vaughn , the Georgia Supreme Court noted that “[o]verwhelming evidence of the defendant’s guilt can negate the possibility that the constitutional error contributed to the conviction. [Cit.]” Id. at 132 . | 1 | 1995–1995 |