sua sponte inquiry (Georgia) · Go Syfert
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sua sponte inquiry in Georgia

7 Georgia opinions name it 2 courts 2007–2026 4 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
Mullinax v. Stategreen
gactapp · 1994 · cited in 1 Georgia opinions naming this issue, 2022–2022
2 sentences

2022See Mullinax v. State, 211 Ga. App. 831, 833 (1) ( 440 SE2d 720 ) (1994).

2022See Mullinax v. State, 211 Ga. App. 831, 833 (1) ( 440 SE2d 720 ) (1994).

11
State v. Johnsongreen
ga · 2019 · cited in 1 Georgia opinions naming this issue, 2021–2021
2 sentences

2021See Doyle, 307 Ga. at 613 (2) (b); State v. Johnson, 305 Ga. 237, 240 (824 SE2d 317) (2019); Stanbury v. State, 299 Ga. 125, 131 (2) (786 SE2d 672) 5 We note that neither the District Attorney nor the Attorney General defend the trial court’s sua sponte waiver ruling. 8 (2016).

2021See Doyle, 307 Ga. at 613 (2) (b); State v. Johnson, 305 Ga. 237, 240 (824 SE2d 317) (2019); Stanbury v. State, 299 Ga. 125, 131 (2) (786 SE2d 672) 5 We note that neither the District Attorney nor the Attorney General defend the trial court’s sua sponte waiver ruling. 8 (2016).

11
Johnson v. Stategreen
gactapp · 1988 · cited in 1 Georgia opinions naming this issue, 2021–2021
2 sentences

2021(Citation and punctuation omitted.) Gathuru v. State, 291 Ga. App. 178, 182 (3) ( 661 SE2d 233 ) (2008). “[W]here there is any evidence, however slight, upon a particular point, it is not error to charge the law in relation to that issue.” (Citation and punctuation omitted.) Cochran v. State, 276 Ga. App. 840 ( 625 SE2d 92 ) (2005) (holding “trial court did not err by giving a sua sponte instruction on voluntary intoxication” in view of evidence defendant had been drinking); see also Johnson v. State, 185 Ga. App. 505, 506 (1) ( 364 SE2d 893 ) (1988) (approving sua sponte charge on flight).

2021(Citation and punctuation omitted.) Gathuru v. State, 291 Ga. App. 178, 182 (3) ( 661 SE2d 233 ) (2008). “[W]here there is any evidence, however slight, upon a particular point, it is not error to charge the law in relation to that issue.” (Citation and punctuation omitted.) Cochran v. State, 276 Ga. App. 840 ( 625 SE2d 92 ) (2005) (holding “trial court did not err by giving a sua sponte instruction on voluntary intoxication” in view of evidence defendant had been drinking); see also Johnson v. State, 185 Ga. App. 505, 506 (1) ( 364 SE2d 893 ) (1988) (approving sua sponte charge on flight).

11
Gathuru v. Stategreen
gactapp · 2008 · cited in 1 Georgia opinions naming this issue, 2021–2021
2 sentences

2021(Citation and punctuation omitted.) Gathuru v. State, 291 Ga. App. 178, 182 (3) ( 661 SE2d 233 ) (2008). “[W]here there is any evidence, however slight, upon a particular point, it is not error to charge the law in relation to that issue.” (Citation and punctuation omitted.) Cochran v. State, 276 Ga. App. 840 ( 625 SE2d 92 ) (2005) (holding “trial court did not err by giving a sua sponte instruction on voluntary intoxication” in view of evidence defendant had been drinking); see also Johnson v. State, 185 Ga. App. 505, 506 (1) ( 364 SE2d 893 ) (1988) (approving sua sponte charge on flight).

2021(Citation and punctuation omitted.) Gathuru v. State, 291 Ga. App. 178, 182 (3) ( 661 SE2d 233 ) (2008). “[W]here there is any evidence, however slight, upon a particular point, it is not error to charge the law in relation to that issue.” (Citation and punctuation omitted.) Cochran v. State, 276 Ga. App. 840 ( 625 SE2d 92 ) (2005) (holding “trial court did not err by giving a sua sponte instruction on voluntary intoxication” in view of evidence defendant had been drinking); see also Johnson v. State, 185 Ga. App. 505, 506 (1) ( 364 SE2d 893 ) (1988) (approving sua sponte charge on flight).

11
Stanbury v. Stategreen
ga · 2016 · cited in 1 Georgia opinions naming this issue, 2021–2021
2 sentences

2021See Doyle, 307 Ga. at 613 (2) (b); State v. Johnson, 305 Ga. 237, 240 (824 SE2d 317) (2019); Stanbury v. State, 299 Ga. 125, 131 (2) (786 SE2d 672) 5 We note that neither the District Attorney nor the Attorney General defend the trial court’s sua sponte waiver ruling. 8 (2016).

2021See Doyle, 307 Ga. at 613 (2) (b); State v. Johnson, 305 Ga. 237, 240 (824 SE2d 317) (2019); Stanbury v. State, 299 Ga. 125, 131 (2) (786 SE2d 672) 5 We note that neither the District Attorney nor the Attorney General defend the trial court’s sua sponte waiver ruling. 8 (2016).

11
Biggs v. Stategreen
ga · 2007 · cited in 1 Georgia opinions naming this issue, 2020–2020
2 sentences

2020See Biggs v. State, 281 Ga. 627, 629 ( 642 SE2d 74 ) (2007) (explaining that a defendant’s right to procedural due process is violated when the trial court fails to sua sponte hold a competency hearing after information that raises a bona fide doubt about the defendant’s competence becomes known to the court before or during trial).

2020See Biggs v. State, 281 Ga. 627, 629 ( 642 SE2d 74 ) (2007) (explaining that a defendant’s right to procedural due process is violated when the trial court fails to sua sponte hold a competency hearing after information that raises a bona fide doubt about the defendant’s competence becomes known to the court before or during trial).

11
Traylor v. Stategreen
ga · 2006 · cited in 1 Georgia opinions naming this issue, 2009–2009
2 sentences

2009See Traylor v. State, 280 Ga. 400 (4) (a) ( 627 SE2d 594 ) (2006).

2009See Traylor v. State, 280 Ga. 400 (4) (a) ( 627 SE2d 594 ) (2006).

11
Mize v. Stategreen
ga · 1998 · cited in 1 Georgia opinions naming this issue, 2007–2007
2 sentences

2007See Mize v. State, 269 Ga. 646 ( 501 SE2d 219 ) (1998) (no error where the defendant informed the trial court after the jury reached a guilty verdict that, against his counsel’s advice, he had forbidden his lawyers from presenting a mitigation case and that he should receive a death sentence, where the trial court, before trial proceeded, conducted a mental evaluation and a competency hearing which found the defendant competent); Morrison v. State, 258 Ga. 683 ( 373 SE2d 506 ) (1988) (a competent defendant, after being properly informed by his attorney, makes the ultimate decision about what l

2007See Mize v. State, 269 Ga. 646 ( 501 SE2d 219 ) (1998) (no error where the defendant informed the trial court after the jury reached a guilty verdict that, against his counsel’s advice, he had forbidden his lawyers from presenting a mitigation case and that he should receive a death sentence, where the trial court, before trial proceeded, conducted a mental evaluation and a competency hearing which found the defendant competent); Morrison v. State, 258 Ga. 683 ( 373 SE2d 506 ) (1988) (a competent defendant, after being properly informed by his attorney, makes the ultimate decision about what l

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 (3)

CaseCitedYears
Cane v. State green
ga · 2009
2 sentences

2026In Cane v. State, 285 Ga. 19 , 21–22 (2009), we considered whether the trial court abused its discretion by denying appellant’s post-trial motion that a psychiatric examination was necessary because “his incompetency was indicated by the ‘emotional and obsessive behavior’ he demonstrated at trial and at the hearing on his motion for new trial regarding his ‘unreasonable’ belief that his statements to the police had been edited.” But the appellant “did not, either prior to or during trial, raise the issue of incompetency or seek a hearing regarding his competency, and our examination of the rec

2026In Cane v. State, 285 Ga. 19 , 21–22 (2009), we considered whether the trial court abused its discretion by denying appellant’s post-trial motion that a psychiatric examination was necessary because “his incompetency was indicated by the ‘emotional and obsessive behavior’ he demonstrated at trial and at the hearing on his motion for new trial regarding his ‘unreasonable’ belief that his statements to the police had been edited.” But the appellant “did not, either prior to or during trial, raise the issue of incompetency or seek a hearing regarding his competency, and our examination of the rec

12026–2026
Cochran v. State green
gactapp · 2005
2 sentences

2021(Citation and punctuation omitted.) Gathuru v. State, 291 Ga. App. 178, 182 (3) ( 661 SE2d 233 ) (2008). “[W]here there is any evidence, however slight, upon a particular point, it is not error to charge the law in relation to that issue.” (Citation and punctuation omitted.) Cochran v. State, 276 Ga. App. 840 ( 625 SE2d 92 ) (2005) (holding “trial court did not err by giving a sua sponte instruction on voluntary intoxication” in view of evidence defendant had been drinking); see also Johnson v. State, 185 Ga. App. 505, 506 (1) ( 364 SE2d 893 ) (1988) (approving sua sponte charge on flight).

2021(Citation and punctuation omitted.) Gathuru v. State, 291 Ga. App. 178, 182 (3) ( 661 SE2d 233 ) (2008). “[W]here there is any evidence, however slight, upon a particular point, it is not error to charge the law in relation to that issue.” (Citation and punctuation omitted.) Cochran v. State, 276 Ga. App. 840 ( 625 SE2d 92 ) (2005) (holding “trial court did not err by giving a sua sponte instruction on voluntary intoxication” in view of evidence defendant had been drinking); see also Johnson v. State, 185 Ga. App. 505, 506 (1) ( 364 SE2d 893 ) (1988) (approving sua sponte charge on flight).

12021–2021
Morrison v. State green
ga · 1988
2 sentences

2007See Mize v. State, 269 Ga. 646 ( 501 SE2d 219 ) (1998) (no error where the defendant informed the trial court after the jury reached a guilty verdict that, against his counsel’s advice, he had forbidden his lawyers from presenting a mitigation case and that he should receive a death sentence, where the trial court, before trial proceeded, conducted a mental evaluation and a competency hearing which found the defendant competent); Morrison v. State, 258 Ga. 683 ( 373 SE2d 506 ) (1988) (a competent defendant, after being properly informed by his attorney, makes the ultimate decision about what l

2007See Mize v. State, 269 Ga. 646 ( 501 SE2d 219 ) (1998) (no error where the defendant informed the trial court after the jury reached a guilty verdict that, against his counsel’s advice, he had forbidden his lawyers from presenting a mitigation case and that he should receive a death sentence, where the trial court, before trial proceeded, conducted a mental evaluation and a competency hearing which found the defendant competent); Morrison v. State, 258 Ga. 683 ( 373 SE2d 506 ) (1988) (a competent defendant, after being properly informed by his attorney, makes the ultimate decision about what l

12007–2007

Where else courts name it

CA 170 (1968–2026) NY 88 (1988–2026) TX 21 (1992–2025) MO 21 (1973–2024) DC 12 (1972–2017) MI 12 (1976–2025) MA 11 (1980–2023) OH 10 (1991–2016) MS 10 (2001–2007) GA 7 (2007–2026) KS 7 (2000–2024) NJ 6 (2006–2020) CO 6 (1996–2025) OK 6 (2002–2024) IN 6 (2002–2023) AZ 6 (1980–2023) PA 5 (1979–2025) NC 4 (1976–2021) IL 4 (1995–2026) RI 4 (2010–2013) HI 3 (2000–2011) TN 3 (2000–2015) NV 2 (1986–2020) ID 2 (2012–2024) WV 2 (1991–2025) AL 2 (2000–2016) OR 2 (1999–2025) WA 2 (2008–2008) CT 2 (1999–2017)

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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