case to support claim (Georgia) · Go Syfert
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case to support claim in Georgia

6 Georgia opinions name it 2 courts 1940–2025 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 (6)

CaseFollowedCited
CLEMENTS v. THE STATE (Two Cases)green
ga · 2023 · cited in 1 Georgia opinions naming this issue, 2025–2025
1 sentence

2025See also Clements, 317 Ga. at 791-92 (concluding that there was no inherent prejudice even where local newspaper with articles about the crimes had a print subscription base of 17,500 people and published articles on its 9 The online news article explained that police had identified Burks as the “15-year-old boy charged” with the deaths, and the online commenter responded that neither Burks nor the other two people charged were men but, rather, were “lower than animals!” 34 Facebook account with 30,000 followers because none of the articles were unduly extensive, factually inaccurate, inflamma

11
Lewis v. Stategreen
gactapp · 2008 · cited in 1 Georgia opinions naming this issue, 2011–2011
2 sentences

2011While slight evidence will support the giving of a jury instruction, Lewis v. State, 292 Ga. App. 257, 264 (2) ( 663 SE2d 721 ) (2008), there was no evidence in this case to support an instruction on defense of habitation pursuant to OCGA § 16-3-23.

2011While slight evidence will support the giving of a jury instruction, Lewis v. State, 292 Ga. App. 257, 264 (2) ( 663 SE2d 721 ) (2008), there was no evidence in this case to support an instruction on defense of habitation pursuant to OCGA § 16-3-23.

11
Coleman v. Stategreen
ga · 2009 · cited in 1 Georgia opinions naming this issue, 2011–2011
2 sentences

2011Timing is critical to the application of the defense of habitation: “Where there is no evidence that the victim was attempting to enter or attack the habitation at the time he was injured by the defendant, the defense of habitation is not available.” (Emphasis supplied.) Coleman v. State, 286 Ga. 291, 298 (6) ( 687 SE2d 427 ) (2009).

2011Timing is critical to the application of the defense of habitation: “Where there is no evidence that the victim was attempting to enter or attack the habitation at the time he was injured by the defendant, the defense of habitation is not available.” (Emphasis supplied.) Coleman v. State, 286 Ga. 291, 298 (6) ( 687 SE2d 427 ) (2009).

11
Phillips v. Town of Fort Oglethorpegreen
gactapp · 1968 · cited in 1 Georgia opinions naming this issue, 1970–1970
2 sentences

1970See Phillips v. Town of Fort Oglethorpe, 118 Ga. App. 62 ( 162 SE2d 771 ); s. c. 224 Ga. 834 ( 165 SE2d 141 ); s. c. 119 Ga. App. 59 ( 166 SE2d 227 ).

1970See Phillips v. Town of Fort Oglethorpe, 118 Ga. App. 62 ( 162 SE2d 771 ); s. c. 224 Ga. 834 ( 165 SE2d 141 ); s. c. 119 Ga. App. 59 ( 166 SE2d 227 ).

11
Aliotta v. Gilreathgreen
ga · 1970 · cited in 1 Georgia opinions naming this issue, 1970–1970
2 sentences

1970Under the decision in Aliotta v. Gilreath, 226 Ga. 263 *896 ( 174 SE2d 403 ), the contention that since the city is not a party to the present litigation the action should be dismissed under Ga. L. 1945, pp. 137, 138 (Code Ann. § 110-1106) is not cause for reversal where the case is not a declaratory judgment action between private parties but is one seeking to mandamus an official of a municipality to act.

1970Under the decision in Aliotta v. Gilreath, 226 Ga. 263 *896 ( 174 SE2d 403 ), the contention that since the city is not a party to the present litigation the action should be dismissed under Ga. L. 1945, pp. 137, 138 (Code Ann. § 110-1106) is not cause for reversal where the case is not a declaratory judgment action between private parties but is one seeking to mandamus an official of a municipality to act.

11
Russell v. Baynegreen
gactapp · 1932 · cited in 1 Georgia opinions naming this issue, 1940–1940
2 sentences

1940Russell v. Bayne, 45 Ga. App. 55, 57 ( 163 S. E. 290 ).

1940Russell v. Bayne, 45 Ga. App. 55, 57 ( 163 S. E. 290 ).

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 (5)

CaseCitedYears
Garcia-Solis v. State green
ga · 2025
1 sentence

2025To support his claim, Burks points to a single comment from a member of the public posted online in response to an online news article about the case to support his claim. 9 Even assuming that an online comment of this kind can be considered in evaluating pretrial publicity or community sentiment, Burks has failed to show that this solitary opinion from an online commenter rendered the publicity itself to be “unduly extensive, factually incorrect, inflammatory or reflective of an atmosphere of hostility.” See Garcia-Solis, 320 Ga. at 760 .

12025–2025
Yuzamas v. Yuzamas green
ga · 1978
2 sentences

1979Yuzamas v. Yuzamas, 241 Ga. 577 ( 247 SE2d 73 ) (1978); Irvin v. Askew, supra. In fact, the only ground of the caveat arguably supported by evidence was mistake of fact as to the conduct of the widower.

1979Yuzamas v. Yuzamas, 241 Ga. 577 ( 247 SE2d 73 ) (1978); Irvin v. Askew, supra. In fact, the only ground of the caveat arguably supported by evidence was mistake of fact as to the conduct of the widower.

11979–1979
Phillips v. Town of Fort Oglethorpe neutral
gactapp · 1969
1 sentence

1970See Phillips v. Town of Fort Oglethorpe, 118 Ga. App. 62 ( 162 SE2d 771 ); s. c. 224 Ga. 834 ( 165 SE2d 141 ); s. c. 119 Ga. App. 59 ( 166 SE2d 227 ).

11970–1970
GEC CORPORATION v. Levy neutral
gactapp · 1969
1 sentence

1970See Phillips v. Town of Fort Oglethorpe, 118 Ga. App. 62 ( 162 SE2d 771 ); s. c. 224 Ga. 834 ( 165 SE2d 141 ); s. c. 119 Ga. App. 59 ( 166 SE2d 227 ).

11970–1970
Town of Fort Oglethorpe v. Phillips green
ga · 1968
2 sentences

1970See Phillips v. Town of Fort Oglethorpe, 118 Ga. App. 62 ( 162 SE2d 771 ); s. c. 224 Ga. 834 ( 165 SE2d 141 ); s. c. 119 Ga. App. 59 ( 166 SE2d 227 ).

1970See Phillips v. Town of Fort Oglethorpe, 118 Ga. App. 62 ( 162 SE2d 771 ); s. c. 224 Ga. 834 ( 165 SE2d 141 ); s. c. 119 Ga. App. 59 ( 166 SE2d 227 ).

11970–1970

Where else courts name it

GA 6 (1940–2025) CA 4 (1898–2020) NC 3 (1984–2008) IL 2 (2020–2021) LA 2 (1947–2003) HI 2 (2020–2023) NY 2 (2002–2009)

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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