Caldwell violation (Georgia) · Go Syfert
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Caldwell violation in Georgia

6 Georgia opinions name it 2 courts 1997–2023 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 (9)

CaseFollowedCited
Romano v. Oklahomagreen
scotus · 1994 · cited in 2 Georgia opinions naming this issue, 1997–1998
2 sentences

1998To establish a Caldwell violation, a defendant also must show that the prosecutor misled the jury by "`improperly describ[ing] the role assigned to the jury by local law.'" Carr v. State, 267 Ga. 547, 557 (8)(a), 480 S.E.2d 583 (1997), quoting Romano v. Oklahoma, 512 U.S. 1, 9 , 114 S.Ct. 2004 , 129 L.Ed.2d 1 (1994).

1998To establish a Caldwell violation, a defendant also must show that the prosecutor misled the jury by "`improperly describ[ing] the role assigned to the jury by local law.'" Carr v. State, 267 Ga. 547, 557 (8)(a), 480 S.E.2d 583 (1997), quoting Romano v. Oklahoma, 512 U.S. 1, 9 , 114 S.Ct. 2004 , 129 L.Ed.2d 1 (1994).

12
Southall v. Stategreen
ga · 2017 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023See Southall v. State, 300 Ga. 462, 466-467 (1) (796 SE2d 261) (2017).

2023See Southall v. State, 300 Ga. 462, 466-467 (1) (796 SE2d 261) (2017).

11
Adkins v. Stategreen
ga · 2022 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023See Adkins v. State, 314 Ga. 477, 483 (3) ( 877 SE2d 582 ) (2022). 8 Therefore, Caldwell’s claim fails. 2.

2023See Adkins v. State, 314 Ga. 477, 483 (3) ( 877 SE2d 582 ) (2022). 8 Therefore, Caldwell’s claim fails. 2.

11
Rafferzeder v. Zellnergreen
gactapp · 2005 · cited in 1 Georgia opinions naming this issue, 2019–2019
2 sentences

2019See Rafferzeder v. Zellner, 272 Ga. App. 728 ( 613 SE2d 229 ) (2005) (questions of value are peculiarly for determination of fact finder where there is any data upon which fact finder may exercise its own knowledge and ideas); McCannon v. McCannon, 231 Ga. App. 601 (1) ( 499 SE2d 684 ) (1998) (“In evaluating the sufficiency of evidence regarding damages, the ability to estimate damages to a reasonable certainty is all that is required and mere difficulty in fixing the exact amount will not be an obstacle to the award.

2019See Rafferzeder v. Zellner, 272 Ga. App. 728 ( 613 SE2d 229 ) (2005) (questions of value are peculiarly for determination of fact finder where there is any data upon which fact finder may exercise its own knowledge and ideas); McCannon v. McCannon, 231 Ga. App. 601 (1) ( 499 SE2d 684 ) (1998) (“In evaluating the sufficiency of evidence regarding damages, the ability to estimate damages to a reasonable certainty is all that is required and mere difficulty in fixing the exact amount will not be an obstacle to the award.

11
John Thurmond & Associates, Inc. v. Kennedygreen
ga · 2008 · cited in 1 Georgia opinions naming this issue, 2019–2019
2 sentences

2019“Juries … are given wide latitude in determining the amount of damages to be awarded based on the unique facts of each case.” John Thurmond & Assocs., Inc., 284 Ga. 469, 668 (1) ( 668 SE2d 666 ) (2008).”Before [a] verdict will be set aside on the ground that it is excessive, where there is no direct proof of prejudice or bias, the amount thereof, when considered in connection with all the facts, must shock the moral sense, appear exorbitant, flagrantly outrageous, and extravagant.” Chrysler Group v. Walden, 339 Ga. App. 733, 749 (8) ( 792 SE2d 754 ) (2016). 10 Here, there was some evidence pro

2019“Juries … are given wide latitude in determining the amount of damages to be awarded based on the unique facts of each case.” John Thurmond & Assocs., Inc., 284 Ga. 469, 668 (1) ( 668 SE2d 666 ) (2008).”Before [a] verdict will be set aside on the ground that it is excessive, where there is no direct proof of prejudice or bias, the amount thereof, when considered in connection with all the facts, must shock the moral sense, appear exorbitant, flagrantly outrageous, and extravagant.” Chrysler Group v. Walden, 339 Ga. App. 733, 749 (8) ( 792 SE2d 754 ) (2016). 10 Here, there was some evidence pro

11
CHRYSLER GROUP, LLC v. WALDEN Et Al.green
gactapp · 2016 · cited in 1 Georgia opinions naming this issue, 2019–2019
2 sentences

2019“Juries … are given wide latitude in determining the amount of damages to be awarded based on the unique facts of each case.” John Thurmond & Assocs., Inc., 284 Ga. 469, 668 (1) ( 668 SE2d 666 ) (2008).”Before [a] verdict will be set aside on the ground that it is excessive, where there is no direct proof of prejudice or bias, the amount thereof, when considered in connection with all the facts, must shock the moral sense, appear exorbitant, flagrantly outrageous, and extravagant.” Chrysler Group v. Walden, 339 Ga. App. 733, 749 (8) ( 792 SE2d 754 ) (2016). 10 Here, there was some evidence pro

2019“Juries … are given wide latitude in determining the amount of damages to be awarded based on the unique facts of each case.” John Thurmond & Assocs., Inc., 284 Ga. 469, 668 (1) ( 668 SE2d 666 ) (2008).”Before [a] verdict will be set aside on the ground that it is excessive, where there is no direct proof of prejudice or bias, the amount thereof, when considered in connection with all the facts, must shock the moral sense, appear exorbitant, flagrantly outrageous, and extravagant.” Chrysler Group v. Walden, 339 Ga. App. 733, 749 (8) ( 792 SE2d 754 ) (2016). 10 Here, there was some evidence pro

11
Selley v. Stategreen
gactapp · 1999 · cited in 1 Georgia opinions naming this issue, 2001–2001
2 sentences

2001Selley v. State, 237 Ga. App. 47, 50-51 ( 514 SE2d 706 ) (1999).

2001Selley v. State, 237 Ga. App. 47, 50-51 ( 514 SE2d 706 ) (1999).

11
Smith v. Stategreen
gactapp · 1986 · cited in 1 Georgia opinions naming this issue, 1999–1999
2 sentences

1999See Smith v. State, 180 Ga. App. 422, 423-424 (1) ( 349 SE2d 279 ) (1986).

1999See Smith v. State, 180 Ga. App. 422, 423-424 (1) ( 349 SE2d 279 ) (1986).

11
Carr v. Stategreen
ga · 1997 · cited in 1 Georgia opinions naming this issue, 1998–1998
2 sentences

1998To establish a Caldwell violation, a defendant also must show that the prosecutor misled the jury by "`improperly describ[ing] the role assigned to the jury by local law.'" Carr v. State, 267 Ga. 547, 557 (8)(a), 480 S.E.2d 583 (1997), quoting Romano v. Oklahoma, 512 U.S. 1, 9 , 114 S.Ct. 2004 , 129 L.Ed.2d 1 (1994).

1998To establish a Caldwell violation, a defendant also must show that the prosecutor misled the jury by "`improperly describ[ing] the role assigned to the jury by local law.'" Carr v. State, 267 Ga. 547, 557 (8)(a), 480 S.E.2d 583 (1997), quoting Romano v. Oklahoma, 512 U.S. 1, 9 , 114 S.Ct. 2004 , 129 L.Ed.2d 1 (1994).

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
McCannon v. McCannon green
gactapp · 1998
2 sentences

2019See Rafferzeder v. Zellner, 272 Ga. App. 728 ( 613 SE2d 229 ) (2005) (questions of value are peculiarly for determination of fact finder where there is any data upon which fact finder may exercise its own knowledge and ideas); McCannon v. McCannon, 231 Ga. App. 601 (1) ( 499 SE2d 684 ) (1998) (“In evaluating the sufficiency of evidence regarding damages, the ability to estimate damages to a reasonable certainty is all that is required and mere difficulty in fixing the exact amount will not be an obstacle to the award.

2019See Rafferzeder v. Zellner, 272 Ga. App. 728 ( 613 SE2d 229 ) (2005) (questions of value are peculiarly for determination of fact finder where there is any data upon which fact finder may exercise its own knowledge and ideas); McCannon v. McCannon, 231 Ga. App. 601 (1) ( 499 SE2d 684 ) (1998) (“In evaluating the sufficiency of evidence regarding damages, the ability to estimate damages to a reasonable certainty is all that is required and mere difficulty in fixing the exact amount will not be an obstacle to the award.

12019–2019

Where else courts name it

FL 32 (1987–2025) CA 25 (1989–2020) OH 14 (1989–2025) IL 13 (1992–2024) TN 12 (1989–2010) PA 9 (1986–2025) IN 9 (1990–2019) MS 8 (2001–2010) MO 6 (1991–2015) TX 6 (2008–2024) GA 6 (1997–2023) NC 3 (1994–1995) KY 3 (1978–2010) MN 3 (2005–2016) AR 3 (2006–2019) KS 3 (2001–2017) ID 2 (2013–2013) AZ 2 (2008–2012) DE 2 (2001–2005) OK 2 (1994–1997) NJ 2 (2002–2004) AL 2 (1987–2015) VA 2 (1986–1991)

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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