evidence must overcome presumption (Georgia) · Go Syfert
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evidence must overcome presumption in Georgia

6 Georgia opinions name it 1 courts 1998–2020 0 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 (3)

CaseFollowedCited
Hamilton v. Stategreen
gactapp · 1998 · cited in 4 Georgia opinions naming this issue, 2017–2020
2 sentences

2020This evidence must overcome the presumption against waiver.” Hamilton v. State, 233 Ga. App. 463, 467 (1) (b) ( 504 SE2d 236 ) (1998) (citations omitted).

2020This evidence must overcome the presumption against waiver.” Hamilton v. State, 233 Ga. App. 463, 467 (1) (b) ( 504 SE2d 236 ) (1998) (citations omitted).

34
McDaniel v. Stategreen
gactapp · 2014 · cited in 1 Georgia opinions naming this issue, 2017–2017
2 sentences

2017See also McDaniel v. State, 327 Ga. App. 673, 675-676 (1) (b) ( 761 SE2d 82 ) (2014).

2017See also McDaniel v. State, 327 Ga. App. 673, 675-676 (1) (b) ( 761 SE2d 82 ) (2014).

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

1998See Cook v. State, 227 Ga. App. 674, 676 ( 490 SE2d 181 ) (1997); Keith v. State, supra at 730. (c) Looking at the totality of facts and circumstances in this case, the only evidence in the record which supports a finding that Hamilton validly waived her right to counsel was a waiver form signed by Hamilton.

1998See Cook v. State, 227 Ga. App. 674, 676 ( 490 SE2d 181 ) (1997); Keith v. State, supra at 730. (c) Looking at the totality of facts and circumstances in this case, the only evidence in the record which supports a finding that Hamilton validly waived her right to counsel was a waiver form signed by Hamilton.

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
Cox v. State green
gactapp · 2012
2 sentences

2019"The trial court's ruling as to whether the defendant's waiver of the right to counsel was valid is reviewed for abuse of discretion." Cox v. State , 317 Ga. App. 654 , 654, 732 S.E.2d 321 (2012) (footnote omitted).

2019"The trial court's ruling as to whether the defendant's waiver of the right to counsel was valid is reviewed for abuse of discretion." Cox v. State , 317 Ga. App. 654 , 654, 732 S.E.2d 321 (2012) (footnote omitted).

12019–2019

Where else courts name it

GA 6 (1998–2020) MT 2 (1963–1968) AZ 2 (1986–1987)

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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