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6 Georgia opinions name it 2 courts 2017–2026 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 |
|---|---|---|
FITTS v. THE STATE (Two Cases)green2 sentences2023See id. 22 The longstanding “solution” to this Fifth Amendment-Sixth Amendment conflict is a limiting instruction: The trial court admits the co-defendant’s statement but instructs the jury to consider it only against the co-defendant. 2023See id. | 1 | 1 |
In re Woodhamgreen2 sentences2017See, e.g., In the Matter of Woodham, 296 Ga. 618 ( 769 SE2d 353 ) (2015); In the Matter of Wallace, 292 Ga. 899 ( 742 SE2d 737 ) (2013). 6 Nevertheless, Brady applies “irrespective of the good faith or bad faith of the prosecution,” 373 U. S. at 87 , and intent likewise is irrelevant in considering whether Rule 3.8 (d) has been violated.8 An unintentional violation of Brady and Rule 3.8 (d) is still a violation, and any violation of Brady — intentional or unintentional — is a serious matter, not a mere “technicality.” For these reasons, a clear-cut violation of Brady very well may warrant disc 2017See, e.g., In the Matter of Woodham, 296 Ga. 618 ( 769 SE2d 353 ) (2015); In the Matter of Wallace, 292 Ga. 899 ( 742 SE2d 737 ) (2013). 6 Nevertheless, Brady applies “irrespective of the good faith or bad faith of the prosecution,” 373 U. S. at 87 , and intent likewise is irrelevant in considering whether Rule 3.8 (d) has been violated.8 An unintentional violation of Brady and Rule 3.8 (d) is still a violation, and any violation of Brady — intentional or unintentional — is a serious matter, not a mere “technicality.” For these reasons, a clear-cut violation of Brady very well may warrant disc | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
HENDERSON v. THE STATE (Two Cases)
green
2 sentences2026So, the defendant “who is implicated by the statement [is] unable to cross-examine the witness who would testify against him—a clear-cut violation of the defendant’s rights under the Confrontation Clause.” Id. 2026So, the defendant “who is implicated by the statement [is] unable to cross-examine the witness who would testify against him—a clear-cut violation of the defendant’s rights under the Confrontation Clause.” Id. | 2 | 2026–2026 |
Brady v. Maryland
green
2 sentences2017Nevertheless, Brady applies “irrespective of the good faith or bad faith of the prosecution,” 373 U. S. at 87 , and intent likewise is irrelevant in considering whether Rule 3.8 (d) has been violated. 8 An unintentional violation of Brady and Rule 3.8 (d) is still a violation, and any violation of Brady — intentional or unintentional — is a serious matter, not a mere “technicality.” For these reasons, a clear-cut violation of Brady very well may warrant discipline under Rule 3.8 (d). 2017See, e.g., In the Matter of Woodham, 296 Ga. 618 ( 769 SE2d 353 ) (2015); In the Matter of Wallace, 292 Ga. 899 ( 742 SE2d 737 ) (2013). 6 Nevertheless, Brady applies “irrespective of the good faith or bad faith of the prosecution,” 373 U. S. at 87 , and intent likewise is irrelevant in considering whether Rule 3.8 (d) has been violated.8 An unintentional violation of Brady and Rule 3.8 (d) is still a violation, and any violation of Brady — intentional or unintentional — is a serious matter, not a mere “technicality.” For these reasons, a clear-cut violation of Brady very well may warrant disc | 2 | 2017–2017 |
Davis v. the State
neutral
1 sentence2017They have not altered the clear-cut rule set forth by this Court in Haywood, supra. In Davis , supra at 20 (2), 763 S.E.2d 371 , this Court held that a defendant's trial counsel did not render ineffective assistance by presenting the legally invalid mistake-of-fact defense that the defendant thought the victim was the age of consent when they engaged in sexual activity. | 1 | 2017–2017 |
In re Wallace
neutral
2 sentences2017See, e.g., In the Matter of Woodham, 296 Ga. 618 ( 769 SE2d 353 ) (2015); In the Matter of Wallace, 292 Ga. 899 ( 742 SE2d 737 ) (2013). 6 Nevertheless, Brady applies “irrespective of the good faith or bad faith of the prosecution,” 373 U. S. at 87 , and intent likewise is irrelevant in considering whether Rule 3.8 (d) has been violated.8 An unintentional violation of Brady and Rule 3.8 (d) is still a violation, and any violation of Brady — intentional or unintentional — is a serious matter, not a mere “technicality.” For these reasons, a clear-cut violation of Brady very well may warrant disc 2017See, e.g., In the Matter of Woodham, 296 Ga. 618 ( 769 SE2d 353 ) (2015); In the Matter of Wallace, 292 Ga. 899 ( 742 SE2d 737 ) (2013). 6 Nevertheless, Brady applies “irrespective of the good faith or bad faith of the prosecution,” 373 U. S. at 87 , and intent likewise is irrelevant in considering whether Rule 3.8 (d) has been violated.8 An unintentional violation of Brady and Rule 3.8 (d) is still a violation, and any violation of Brady — intentional or unintentional — is a serious matter, not a mere “technicality.” For these reasons, a clear-cut violation of Brady very well may warrant disc | 1 | 2017–2017 |
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.