51 Georgia opinions name it 2 courts 1878–2024 3 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 |
|---|---|---|
Todd v. Brooksgreen2 sentences2012Based upon these facts, the trial court properly concluded Deputy Roper’s “decision to ask [Greenway] to sign the release for his two dogs” was “discretionary” and one which required “Deputy Roper to exercise personal deliberation and judgment.” See Todd, supra, 292 Ga. App. at 330-331 (1) (officer’s decision to shoot bull during attempted impound discretionary act). 16 This is not the end of our analysis, however, as Greenway’s complaint against Deputy Roper is not based solely upon Deputy Roper’s decision to ask Greenway to sign the form – instead it also focuses upon the manner in which Dep 2012Based upon these facts, the trial court properly concluded Deputy Roper’s “decision to ask [Greenway] to sign the release for his two dogs” was “discretionary” and one which required “Deputy Roper to exercise personal deliberation and judgment.” See Todd, supra, 292 Ga. App. at 330-331 (1) (officer’s decision to shoot bull during attempted impound discretionary act). 16 This is not the end of our analysis, however, as Greenway’s complaint against Deputy Roper is not based solely upon Deputy Roper’s decision to ask Greenway to sign the form – instead it also focuses upon the manner in which Dep | 4 | 4 |
Lindsey v. Stategreen2 sentences2017See, e.g., Eubanks v. Rabon, 281 Ga. 708, 711 (3) ( 642 SE2d 652 ) (2007) (considering harmless error in the context of judicial notice of an adjudicative fact); Lindsey v. State, 282 Ga. 447, 450 (2) ( 651 SE2d 66 ) (2007) (“The test for determining nonconstitutional harmless error is whether it is highly probable that the error did not contribute to the verdict.”); Jones v. State, 265 Ga. 84, 86 ( 453 SE2d 716 ) (1995) (“ ‘A constitutional error ... will not require reversal if it can be shown to the court beyond a reasonable doubt that the evidence did not contribute to the conviction.’ ”) 2017See, e.g., Eubanks v. Rabon, 281 Ga. 708, 711 (3) ( 642 SE2d 652 ) (2007) (considering harmless error in the context of judicial notice of an adjudicative fact); Lindsey v. State, 282 Ga. 447, 450 (2) ( 651 SE2d 66 ) (2007) (“The test for determining nonconstitutional harmless error is whether it is highly probable that the error did not contribute to the verdict.”); Jones v. State, 265 Ga. 84, 86 ( 453 SE2d 716 ) (1995) (“ ‘A constitutional error ... will not require reversal if it can be shown to the court beyond a reasonable doubt that the evidence did not contribute to the conviction.’ ”) | 2 | 2 |
Eubanks v. Rabongreen2 sentences2017See, e.g., Eubanks v. Rabon, 281 Ga. 708, 711 (3) ( 642 SE2d 652 ) (2007) (considering harmless error in the context of judicial notice of an adjudicative fact); Lindsey v. State, 282 Ga. 447, 450 (2) ( 651 SE2d 66 ) (2007) (“The test for determining nonconstitutional harmless error is whether it is highly probable that the error did not contribute to the verdict.”); Jones v. State, 265 Ga. 84, 86 ( 453 SE2d 716 ) (1995) (“ ‘A constitutional error ... will not require reversal if it can be shown to the court beyond a reasonable doubt that the evidence did not contribute to the conviction.’ ”) 2017See, e.g., Eubanks v. Rabon, 281 Ga. 708, 711 (3) ( 642 SE2d 652 ) (2007) (considering harmless error in the context of judicial notice of an adjudicative fact); Lindsey v. State, 282 Ga. 447, 450 (2) ( 651 SE2d 66 ) (2007) (“The test for determining nonconstitutional harmless error is whether it is highly probable that the error did not contribute to the verdict.”); Jones v. State, 265 Ga. 84, 86 ( 453 SE2d 716 ) (1995) (“ ‘A constitutional error ... will not require reversal if it can be shown to the court beyond a reasonable doubt that the evidence did not contribute to the conviction.’ ”) | 2 | 2 |
Jones v. Stategreen2 sentences2017See, e.g., Eubanks v. Rabon, 281 Ga. 708, 711 (3) ( 642 SE2d 652 ) (2007) (considering harmless error in the context of judicial notice of an adjudicative fact); Lindsey v. State, 282 Ga. 447, 450 (2) ( 651 SE2d 66 ) (2007) (“The test for determining nonconstitutional harmless error is whether it is highly probable that the error did not contribute to the verdict.”); Jones v. State, 265 Ga. 84, 86 ( 453 SE2d 716 ) (1995) (“ ‘A constitutional error ... will not require reversal if it can be shown to the court beyond a reasonable doubt that the evidence did not contribute to the conviction.’ ”) 2017See, e.g., Eubanks v. Rabon, 281 Ga. 708, 711 (3) ( 642 SE2d 652 ) (2007) (considering harmless error in the context of judicial notice of an adjudicative fact); Lindsey v. State, 282 Ga. 447, 450 (2) ( 651 SE2d 66 ) (2007) (“The test for determining nonconstitutional harmless error is whether it is highly probable that the error did not contribute to the verdict.”); Jones v. State, 265 Ga. 84, 86 ( 453 SE2d 716 ) (1995) (“ ‘A constitutional error ... will not require reversal if it can be shown to the court beyond a reasonable doubt that the evidence did not contribute to the conviction.’ ”) | 2 | 2 |
Johnson v. Stategreen2 sentences2015Johnson v. State, 292 Ga. 785, 789 (4) ( 741 SE2d 627 ) (2013). 2015Johnson v. State, 292 Ga. 785, 789 (4) ( 741 SE2d 627 ) (2013). | 2 | 2 |
Griffin v. Oceanic Contractors, Inc.green2 sentences2014In interpreting federal statutes, we must strive “to give effect to the will of Congress,” Griffin v. Oceanic Contractors, 458 U. S. 564, 570 (II) (A) ( 102 SCt 3245 , 73 LE2d 973) (1982), and “if the intent of Congress is clear and unambiguously expressed by the statutory language at issue, that [is] the end of our analysis.” Zuni Public School Dist. 2014In interpreting federal statutes, we must strive “to give effect to the will of Congress,” Griffin v. Oceanic Contractors, 458 U. S. 564, 570 (II) (A) ( 102 SCt 3245 , 73 LE2d 973) (1982), and “if the intent of Congress is clear and unambiguously expressed by the statutory language at issue, that [is] the end of our analysis.” Zuni Public School Dist. | 2 | 2 |
In Re Estate of Simsgreen2 sentences2014(Emphasis supplied.) The day after the hearing, however, the juvenile court entered an “Order of Adjudication and Disposition.” While we recognize that an order is defined not by its nomenclature but by its substance, see generally In re Estate of Sims, 246 Ga. App. 451, 452 ( 540 SE2d 650 ) (2000), in substance this was indeed an adjudicatory order. 2014(Emphasis supplied.) The day after the hearing, however, the juvenile court entered an “Order of Adjudication and Disposition.” While we recognize that an order is defined not by its nomenclature but by its substance, see generally In re Estate of Sims, 246 Ga. App. 451, 452 ( 540 SE2d 650 ) (2000), in substance this was indeed an adjudicatory order. | 2 | 2 |
Soloman v. Stategreen2 sentences2013See Soloman v. State, 294 Ga. App. 520, 524 (2) (b), n. 16 ( 669 SE2d 430 ) (2008). 2013See Soloman v. State, 294 Ga. App. 520, 524 (2) (b), n. 16 ( 669 SE2d 430 ) (2008). | 2 | 2 |
OTUWA v. Stategreen2 sentences2012“An accused is entitled to rely on the provisions set forth in the sentencing document if he is not informed to the contrary when the sentence is imposed.” (Citations, punctuation and footnote omitted; emphasis in original.) Otuwa v. State, 303 Ga. App. 410, 411 (1) ( 693 SE2d 610 ) (2010). 2012“An accused is entitled to rely on the provisions set forth in the sentencing document if he is not informed to the contrary when the sentence is imposed.” (Citations, punctuation and footnote omitted; emphasis in original.) Otuwa v. State, 303 Ga. App. 410, 411 (1) ( 693 SE2d 610 ) (2010). | 2 | 2 |
Oster v. Rich's, Inc.green2 sentences1977See Oster v. Rich’s, Inc., 140 Ga. App. 373 ( 231 SE2d 140 ) (1976). 1977See Oster v. Rich’s, Inc., 140 Ga. App. 373 ( 231 SE2d 140 ) (1976). | 2 | 2 |
Blue Marlin Development, LLC v. Branch Banking & Trust Co.green2 sentences2012Thus, “no evidence shows that the trial court disregarded [Thompson’s] appraisal.” Blue Marlin Dev., supra. 4. 2012Thus, “no evidence shows that the trial court disregarded [Thompson’s] appraisal.” Blue Marlin Development, supra. 4 . | 1 | 2 |
State v. Franklingreen2 sentences2024Compare State v. Franklin, 318 Ga. 39 , 39 n.1 ( 897 SE2d 432 ) (2024). 14 As we mentioned above, the trial court’s written orders granting the motions said only that “the State failed to meet its burden of proving” that the defendants “understood [their] Miranda rights and knowingly, voluntarily[,] and intelligently waived those rights before giving a statement.” But when the trial court pronounced that ruling at the end of the hearing on the motions, the court made additional (though limited) factual findings as part of its analysis of the totality of the circumstances—and the parties do not 2024Compare State v. Franklin, 318 Ga. 39 , 39 n.1 ( 897 SE2d 432 ) (2024). 14 As we mentioned above, the trial court’s written orders granting the motions said only that “the State failed to meet its burden of proving” that the defendants “understood [their] Miranda rights and knowingly, voluntarily[,] and intelligently waived those rights before giving a statement.” But when the trial court pronounced that ruling at the end of the hearing on the motions, the court made additional (though limited) factual findings as part of its analysis of the totality of the circumstances—and the parties do not | 1 | 1 |
Hughes v. Stategreen2 sentences2024See Hughes, 296 Ga. at 746 . 2024See Hughes, 296 Ga. at 746. | 1 | 1 |
CARPENTER v. MCMANNgreen2 sentences2022As we have said before, “the legislature has the authority to create reasonable statutory rules concerning venue when the Constitution leaves space to do so.” Carpenter v. McMann, 304 Ga. 209, 211 (817 SE2d 686) (2018). 2022As we have said before, “the legislature has the authority to create reasonable statutory rules concerning venue when the Constitution leaves space to do so.” Carpenter, 304 Ga. at 211 . | 1 | 1 |
Sandra Slater v. United Steel Corporationgreen1 sentence2020Slater does require consideration of whether an inconsistent position was “‘calculated to make a mockery of the judicial system.’” Slater, 871 F3d at 1181 (III) (A) (citation omitted). | 1 | 1 |
Shorter College v. Baptist Convention of Georgiagreen2 sentences2017Bottom line: In the absence of an explicit textual basis, “a cause of action does not exist and courts may not create one, no matter how desirable that might be as a policy matter, or how compatible with the statute.”6 As we have previously explained, “[i]t is wholly inappropriate, as well as constituting a clear violation of the separation of powers, for this Court to fashion causes of action out of whole cloth, regardless of any perceived public policy benefit.”7 Thus, I take this opportunity to reiterate that, so long as the meaning of the relevant statutory text is plain and does not lead 2017Bottom line: In the absence of an explicit textual basis, “a cause of action does not exist and courts may not create one, no matter how desirable that might be as a policy matter, or how compatible with the statute.”6 As we have previously explained, “[i]t is wholly inappropriate, as well as constituting a clear violation of the separation of powers, for this Court to fashion causes of action out of whole cloth, regardless of any perceived public policy benefit.”7 Thus, I take this opportunity to reiterate that, so long as the meaning of the relevant statutory text is plain and does not lead | 1 | 1 |
Somerville v. Whitegreen2 sentences2017Bottom line: In the absence of an explicit textual basis, “a cause of action does not exist and courts may not create one, no matter how desirable that might be as a policy matter, or how compatible with the statute.”6 As we have previously explained, “[i]t is wholly inappropriate, as well as constituting a clear violation of the separation of powers, for this Court to fashion causes of action out of whole cloth, regardless of any perceived public policy benefit.”7 Thus, I take this opportunity to reiterate that, so long as the meaning of the relevant statutory text is plain and does not lead 2017Bottom line: In the absence of an explicit textual basis, “a cause of action does not exist and courts may not create one, no matter how desirable that might be as a policy matter, or how compatible with the statute.”6 As we have previously explained, “[i]t is wholly inappropriate, as well as constituting a clear violation of the separation of powers, for this Court to fashion causes of action out of whole cloth, regardless of any perceived public policy benefit.”7 Thus, I take this opportunity to reiterate that, so long as the meaning of the relevant statutory text is plain and does not lead | 1 | 1 |
Tommy R. Schroeder v. Hamilton School Districtgreen1 sentence2017Bottom line: In the absence of an explicit textual basis, “a cause of action does not exist and courts may not create one, no matter how desirable that might be as a policy matter, or how compatible with the statute.”6 As we have previously explained, “[i]t is wholly inappropriate, as well as constituting a clear violation of the separation of powers, for this Court to fashion causes of action out of whole cloth, regardless of any perceived public policy benefit.”7 Thus, I take this opportunity to reiterate that, so long as the meaning of the relevant statutory text is plain and does not lead | 1 | 1 |
Alexander v. Sandovalgreen1 sentence2017Bottom line: In the absence of an explicit textual basis, “a cause of action does not exist and courts may not create one, no matter how desirable that might be as a policy matter, or how compatible with the statute.”6 As we have previously explained, “[i]t is wholly inappropriate, as well as constituting a clear violation of the separation of powers, for this Court to fashion causes of action out of whole cloth, regardless of any perceived public policy benefit.”7 Thus, I take this opportunity to reiterate that, so long as the meaning of the relevant statutory text is plain and does not lead | 1 | 1 |
Steel Co. v. Citizens for a Better Environmentgreen2 sentences2017Bottom line: In the absence of an explicit textual basis, “a cause of action does not exist and courts may not create one, no matter how desirable that might be as a policy matter, or how compatible with the statute.”6 As we have previously explained, “[i]t is wholly inappropriate, as well as constituting a clear violation of the separation of powers, for this Court to fashion causes of action out of whole cloth, regardless of any perceived public policy benefit.”7 Thus, I take this opportunity to reiterate that, so long as the meaning of the relevant statutory text is plain and does not lead 2017Bottom line: In the absence of an explicit textual basis, “a cause of action does not exist and courts may not create one, no matter how desirable that might be as a policy matter, or how compatible with the statute.”6 As we have previously explained, “[i]t is wholly inappropriate, as well as constituting a clear violation of the separation of powers, for this Court to fashion causes of action out of whole cloth, regardless of any perceived public policy benefit.”7 Thus, I take this opportunity to reiterate that, so long as the meaning of the relevant statutory text is plain and does not lead | 1 | 1 |
City of Atlanta v. Millergreen2 sentences2017Bottom line: In the absence of an explicit textual basis, “a cause of action does not exist and courts may not create one, no matter how desirable that might be as a policy matter, or how compatible with the statute.”6 As we have previously explained, “[i]t is wholly inappropriate, as well as constituting a clear violation of the separation of powers, for this Court to fashion causes of action out of whole cloth, regardless of any perceived public policy benefit.”7 Thus, I take this opportunity to reiterate that, so long as the meaning of the relevant statutory text is plain and does not lead 2017Bottom line: In the absence of an explicit textual basis, “a cause of action does not exist and courts may not create one, no matter how desirable that might be as a policy matter, or how compatible with the statute.”6 As we have previously explained, “[i]t is wholly inappropriate, as well as constituting a clear violation of the separation of powers, for this Court to fashion causes of action out of whole cloth, regardless of any perceived public policy benefit.”7 Thus, I take this opportunity to reiterate that, so long as the meaning of the relevant statutory text is plain and does not lead | 1 | 1 |
Ray v. Barbergreen2 sentences2017Bottom line: In the absence of an explicit textual basis, “a cause of action does not exist and courts may not create one, no matter how desirable that might be as a policy matter, or how compatible with the statute.”6 As we have previously explained, “[i]t is wholly inappropriate, as well as constituting a clear violation of the separation of powers, for this Court to fashion causes of action out of whole cloth, regardless of any perceived public policy benefit.”7 Thus, I take this opportunity to reiterate that, so long as the meaning of the relevant statutory text is plain and does not lead 2017Bottom line: In the absence of an explicit textual basis, “a cause of action does not exist and courts may not create one, no matter how desirable that might be as a policy matter, or how compatible with the statute.”6 As we have previously explained, “[i]t is wholly inappropriate, as well as constituting a clear violation of the separation of powers, for this Court to fashion causes of action out of whole cloth, regardless of any perceived public policy benefit.”7 Thus, I take this opportunity to reiterate that, so long as the meaning of the relevant statutory text is plain and does not lead | 1 | 1 |
Armour v. Holcombegreen2 sentences2016Id. at 277 , citing Armour v. Holcombe, 288 Ga. 50, 51-52 (1) ( 701 SE2d 169 ) (2010). 2016Id. at 277 , citing Armour v. Holcombe, 288 Ga. 50, 51-52 (1) ( 701 SE2d 169 ) (2010). | 1 | 1 |
| United States v. Matlockgreen | 1 | 1 |
| Withers v. Registergreen | 1 | 1 |
| Zuni Public School District No. 89 v. Department of Educationgreen | 1 | 1 |
| Gregg v. Stategreen | 1 | 1 |
| Smith v. Stategreen | 1 | 1 |
| Lloyd v. Stategreen | 1 | 1 |
| Bunn v. Stategreen | 1 | 1 |
| Collier v. Stategreen | 1 | 1 |
| Brunson v. Bridgesgreen | 1 | 1 |
| Dickens v. Stategreen | 1 | 1 |
| Ruffin v. Stategreen | 1 | 1 |
| Dockery v. Stategreen | 1 | 1 |
| Williams v. Stategreen | 1 | 1 |
| Bailey v. Stategreen | 1 | 1 |
| Upshaw v. Stategreen | 1 | 1 |
| Benford v. Stategreen | 1 | 1 |
| Gonzalez v. Department of Transportationgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Chapman v. California
red
2 sentences2017See, e.g., Eubanks v. Rabon, 281 Ga. 708, 711 (3) ( 642 SE2d 652 ) (2007) (considering harmless error in the context of judicial notice of an adjudicative fact); Lindsey v. State, 282 Ga. 447, 450 (2) ( 651 SE2d 66 ) (2007) (“The test for determining nonconstitutional harmless error is whether it is highly probable that the error did not contribute to the verdict.”); Jones v. State, 265 Ga. 84, 86 ( 453 SE2d 716 ) (1995) (“ ‘A constitutional error ... will not require reversal if it can be shown to the court beyond a reasonable doubt that the evidence did not contribute to the conviction.’ ”) 2017See, e.g., Eubanks v. Rabon, 281 Ga. 708, 711 (3) ( 642 SE2d 652 ) (2007) (considering harmless error in the context of judicial notice of an adjudicative fact); Lindsey v. State, 282 Ga. 447, 450 (2) ( 651 SE2d 66 ) (2007) (“The test for determining nonconstitutional harmless error is whether it is highly probable that the error did not contribute to the verdict.”); Jones v. State, 265 Ga. 84, 86 ( 453 SE2d 716 ) (1995) (“ ‘A constitutional error ... will not require reversal if it can be shown to the court beyond a reasonable doubt that the evidence did not contribute to the conviction.’ ”) | 2 | 2017–2017 |
Stephens v. State
green
2 sentences2016Id. 2014Id. | 2 | 2014–2016 |
Napier v. Adams
green
2 sentences1981Napier v. Adams, 166 Ga. 403 ( 143 SE 566 ) (1928).” Creative Underwriters v. Heilman, 141 Ga. App. 740 , 741 n. 1 ( 234 SE2d 371 ) (1977); see Johnson v. Pennington Ins. 1981Napier v. Adams, 166 Ga. 403 ( 143 SE 566 ) (1928).” Creative Underwriters v. Heilman, 141 Ga. App. 740 , 741 n. 1 ( 234 SE2d 371 ) (1977); see Johnson v. Pennington Ins. | 2 | 1977–1981 |
Carpenter v. McMann
neutral
1 sentence2022As we have said before, “the legislature has the authority to create reasonable statutory rules concerning venue when the Constitution leaves space to do so.” Carpenter v. McMann, 304 Ga. 209, 211 (817 SE2d 686) (2018). | 1 | 2022–2022 |
in the Interest of M.F., a Child
green
2 sentences2022F., 298 Ga. 138 , 138 n.1 ( 780 SE2d 291 ) (2015). 3 The transcript from the preliminary protective hearing where this happened is not part of the record of this case, as the hearing occurred in Lumpkin County and no party moved to supplement the record with the transcript. 2 that Brittani “believe[d] that she ha[d] a religious belief that bar[red] her from allowing the children to get vaccinated.” DFCS related that it sought immunization to facilitate the children’s health care, schooling, and foster placement, and asserted the authority to provide “ordinary medical care” to the children unde 2022F., 298 Ga. 138 , 138 n.1 ( 780 SE2d 291 ) (2015). 3 The transcript from the preliminary protective hearing where this happened is not part of the record of this case, as the hearing occurred in Lumpkin County and no party moved to supplement the record with the transcript. 2 that Brittani “believe[d] that she ha[d] a religious belief that bar[red] her from allowing the children to get vaccinated.” DFCS related that it sought immunization to facilitate the children’s health care, schooling, and foster placement, and asserted the authority to provide “ordinary medical care” to the children unde | 1 | 2022–2022 |
Reed v. State
green
1 sentence2020The court then ruled that Appellant’s statements were not induced by a hope of benefit and were admissible. (b) Former OCGA § 24-3-50, which was in effect at the time of Appellant’s 2005 trial, said: “To make a confession admissible, it must have been made voluntarily, without being induced by another by the slightest hope of benefit or remotest fear of injury.” “It has long been understood that ‘slightest hope of benefit’ refers to promises related to reduced criminal punishment — a shorter 11 sentence, lesser charges, or no charges at all.” Reed v. State, 307 Ga. 527 ( 837 SE2d 272 ) (2019) | 1 | 2020–2020 |
Mallard v. Mallard
green
2 sentences2016Id. at 277 , citing Armour v. Holcombe, 288 Ga. 50, 51-52 (1) ( 701 SE2d 169 ) (2010). 2016Id. at 277 , citing Armour v. Holcombe, 288 Ga. 50, 51-52 (1) ( 701 SE2d 169 ) (2010). | 1 | 2016–2016 |
| Jones v. State green | 1 | 2012–2012 |
| Smiley v. State green | 1 | 2011–2011 |
| Smith v. Brown green | 1 | 2011–2011 |
| Ruffin v. State green | 1 | 2011–2011 |
| Wood v. Notte green | 1 | 2005–2005 |
| Georgia Department of Human Resources v. Patillo green | 1 | 2005–2005 |
| Nickerson v. Holloway green | 1 | 2004–2004 |
| Nash v. State green | 1 | 2000–2000 |
| Adams v. State green | 1 | 1993–1993 |
| Holloway v. State green | 1 | 1993–1993 |
| Creative Underwriters, Inc. v. Heilman green | 1 | 1981–1981 |
| Civil Rights Cases green | 1 | 1964–1964 |
| United States v. Classic green | 1 | 1964–1964 |
| Clein v. Kaplan green | 1 | 1951–1951 |
| Georgia Marble Company v. Tucker green | 1 | 1951–1951 |
| Mayor of Athens v. Gerdine green | 1 | 1951–1951 |
| Moody v. Davis green | 1 | 1878–1878 |
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.