context of a constitutional challenge (Georgia) · Go Syfert
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context of a constitutional challenge in Georgia

6 Georgia opinions name it 2 courts 1989–2026 2 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 (5)

CaseFollowedCited
Patterson v. Hragyilgreen
gactapp · 2013 · cited in 1 Georgia opinions naming this issue, 2015–2015
2 sentences

2015We recognize that “[tjhere is no magic in nomenclature, and we judge pleadings, motions and orders not by their name but by their function and substance, being always mindful to construe such documents in a manner compatible with the best interests of justice.” (Citation and punctuation omitted.) Patterson v. Hragyil, 322 Ga. App. 329, 331, n. 2 ( 744 SE2d 851 ) (2013).

2015We recognize that “[tjhere is no magic in nomenclature, and we judge pleadings, motions and orders not by their name but by their function and substance, being always mindful to construe such documents in a manner compatible with the best interests of justice.” (Citation and punctuation omitted.) Patterson v. Hragyil, 322 Ga. App. 329, 331, n. 2 ( 744 SE2d 851 ) (2013).

11
State v. Mayzegreen
ga · 2005 · cited in 1 Georgia opinions naming this issue, 2015–2015
2 sentences

2015See also State v. Mayze, 280 Ga. 5, 5, 10-11 ( 622 SE2d 836 ) (2005) (reviewing defendant’s demurrer to indictment in the context of a constitutional challenge to the venue provision of a particular Code section).

2015See also State v. Mayze, 280 Ga. 5, 5, 10-11 ( 622 SE2d 836 ) (2005) (reviewing defendant’s demurrer to indictment in the context of a constitutional challenge to the venue provision of a particular Code section).

11
Geckles v. Stategreen
gactapp · 1985 · cited in 1 Georgia opinions naming this issue, 2007–2007
2 sentences

2007Alexander v. State, 279 Ga. 683, 685 (2) (b) ( 620 SE2d 792 ) (2005); Teal v. State, 203 Ga. App. 440 , 442 *535 (2) ( 417 SE2d 666 ) (1992); Geckles v. State, 177 Ga. App. 70, 71 (1) (b) ( 338 SE2d 473 ) (1985).

2007Alexander v. State, 279 Ga. 683, 685 (2) (b) ( 620 SE2d 792 ) (2005); Teal v. State, 203 Ga. App. 440 , 442 *535 (2) ( 417 SE2d 666 ) (1992); Geckles v. State, 177 Ga. App. 70, 71 (1) (b) ( 338 SE2d 473 ) (1985).

11
Alexander v. Stategreen
ga · 2005 · cited in 1 Georgia opinions naming this issue, 2007–2007
2 sentences

2007Alexander v. State, 279 Ga. 683, 685 (2) (b) ( 620 SE2d 792 ) (2005); Teal v. State, 203 Ga. App. 440 , 442 *535 (2) ( 417 SE2d 666 ) (1992); Geckles v. State, 177 Ga. App. 70, 71 (1) (b) ( 338 SE2d 473 ) (1985).

2007Alexander v. State, 279 Ga. 683, 685 (2) (b) ( 620 SE2d 792 ) (2005); Teal v. State, 203 Ga. App. 440 , 442 *535 (2) ( 417 SE2d 666 ) (1992); Geckles v. State, 177 Ga. App. 70, 71 (1) (b) ( 338 SE2d 473 ) (1985).

11
J. L. Lester & Son, Inc. v. Hartsfieldgreen
ga · 1980 · cited in 1 Georgia opinions naming this issue, 1989–1989
1 sentence

1989Lines v. Ashmore, 236 Ga. 401 ( 224 SE2d 334 ) (1976). 5 In Rolleston v. State, 245 Ga. 576, 579 ( 266 SE2d 189 ) (1980), we recognized the changing nature of the shoreline in the context of a constitutional challenge to the Shore Assistance Act of 1979. 6 The Bruces apparently contend that the lot owners’ use of and access to the beach should be no greater than that of the public in general, a position which ignores the superior rights enjoyed by the lot owners.

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
Wasserman v. Franklin County green
ga · 2025
2 sentences

2026Finally, in the context of a constitutional challenge to a state statute, like the one at issue here, “it is generally not sufficient to assert only 44 the generalized violation of a public right, which is by definition not individualized, at least absent a right of action granted by the legislature for vindicating the public right at issue.” Id. at 643 n.10.

2026Finally, in the context of a constitutional challenge to a state statute, like the one at issue here, “it is generally not sufficient to assert only 44 the generalized violation of a public right, which is by definition not individualized, at least absent a right of action granted by the legislature for vindicating the public right at issue.” Id. at 643 n.10.

22026–2026
Spencer v. State green
ga · 2007
1 sentence

2016And finally, under double jeopardy principles, “in either the context of a constitutional claim or that under the extended state statutory protections, jeopardy does not attach in a jury trial until the jury is both impaneled and sworn.” Spencer, 281 Ga. at 534 ; see also U. S. Const. Amend.

12016–2016
Teal v. State green
gactapp · 1992
2 sentences

2007Alexander v. State, 279 Ga. 683, 685 (2) (b) ( 620 SE2d 792 ) (2005); Teal v. State, 203 Ga. App. 440 , 442 *535 (2) ( 417 SE2d 666 ) (1992); Geckles v. State, 177 Ga. App. 70, 71 (1) (b) ( 338 SE2d 473 ) (1985).

2007Alexander v. State, 279 Ga. 683, 685 (2) (b) ( 620 SE2d 792 ) (2005); Teal v. State, 203 Ga. App. 440 , 442 *535 (2) ( 417 SE2d 666 ) (1992); Geckles v. State, 177 Ga. App. 70, 71 (1) (b) ( 338 SE2d 473 ) (1985).

12007–2007
Rolleston v. State green
ga · 1980
1 sentence

1989Lines v. Ashmore, 236 Ga. 401 ( 224 SE2d 334 ) (1976). 5 In Rolleston v. State, 245 Ga. 576, 579 ( 266 SE2d 189 ) (1980), we recognized the changing nature of the shoreline in the context of a constitutional challenge to the Shore Assistance Act of 1979. 6 The Bruces apparently contend that the lot owners’ use of and access to the beach should be no greater than that of the public in general, a position which ignores the superior rights enjoyed by the lot owners.

11989–1989
State of Georgia v. Ashmore green
ga · 1976
2 sentences

1989Lines v. Ashmore, 236 Ga. 401 ( 224 SE2d 334 ) (1976). 5 In Rolleston v. State, 245 Ga. 576, 579 ( 266 SE2d 189 ) (1980), we recognized the changing nature of the shoreline in the context of a constitutional challenge to the Shore Assistance Act of 1979. 6 The Bruces apparently contend that the lot owners’ use of and access to the beach should be no greater than that of the public in general, a position which ignores the superior rights enjoyed by the lot owners.

1989Lines v. Ashmore, 236 Ga. 401 ( 224 SE2d 334 ) (1976). 5 In Rolleston v. State, 245 Ga. 576, 579 ( 266 SE2d 189 ) (1980), we recognized the changing nature of the shoreline in the context of a constitutional challenge to the Shore Assistance Act of 1979. 6 The Bruces apparently contend that the lot owners’ use of and access to the beach should be no greater than that of the public in general, a position which ignores the superior rights enjoyed by the lot owners.

11989–1989

Where else courts name it

MI 8 (2003–2024) MO 6 (2000–2018) NJ 6 (1997–2022) GA 6 (1989–2026) TX 6 (1988–2018) WA 6 (1999–2019) FL 5 (2011–2021) IL 4 (2024–2026) PA 4 (1995–2014) IA 4 (2009–2024) WI 4 (1985–2024) OR 3 (1999–2010) NY 3 (1992–1995) AZ 2 (1986–2006) NC 2 (1997–2012) CA 2 (2016–2018) VA 2 (2004–2004) HI 2 (1997–2013) OK 2 (2014–2014) CO 2 (2005–2012) WY 2 (1992–2006)

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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