clear-cut violation (Georgia) · Go Syfert
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clear-cut violation in Georgia

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.

Followed or applied (2)

CaseFollowedCited
FITTS v. THE STATE (Two Cases)green
ga · 2021 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023See 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.

11
In re Woodhamgreen
ga · 2015 · cited in 1 Georgia opinions naming this issue, 2017–2017
2 sentences

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

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

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 (4)

CaseCitedYears
HENDERSON v. THE STATE (Two Cases) green
ga · 2023
2 sentences

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.

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.

22026–2026
Brady v. Maryland green
scotus · 1963
2 sentences

2017Nevertheless, 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

22017–2017
Davis v. the State neutral
gactapp · 2014
1 sentence

2017They 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.

12017–2017
In re Wallace neutral
ga · 2013
2 sentences

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

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

12017–2017

Statutes the citing opinions construe

GA § 17-8-58 (3)

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.

Where else courts name it

CA 11 (1995–2026) WY 7 (2010–2020) GA 6 (2017–2026) NY 5 (1983–2020) TX 4 (1940–1979) MI 4 (2020–2025) NJ 3 (1960–2000) WV 3 (1995–1997) NM 3 (1992–2006) MS 2 (1982–1986) ID 2 (1983–1995) AZ 2 (2008–2008) PA 2 (1950–2021)

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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