prospective requirement (Georgia) · Go Syfert
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prospective requirement in Georgia

6 Georgia opinions name it 1 courts 1953–2024 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 (3)

CaseFollowedCited
Owens v. Generali — U. S. Branchgreen
gactapp · 1997 · cited in 1 Georgia opinions naming this issue, 2024–2024
2 sentences

2024See Owens, 224 Ga. App. at 292 (1) (plaintiff’s letter was adequate notice under OCGA § 51-7-84 (a) when it notified the defendant’s agent of the plaintiff’s prospective claim and gave the defendant an opportunity to withdraw its position).

2024See Owens, 224 Ga. App. at 292 (1) (plaintiff’s letter was adequate notice under OCGA § 51-7-84 (a) when it notified the defendant’s agent of the plaintiff’s prospective claim and gave the defendant an opportunity to withdraw its position).

11
Gamble v. Stategreen
ga · 1987 · cited in 1 Georgia opinions naming this issue, 1996–1996
2 sentences

1996Gamble v. State, 257 Ga. 325, 327 (5) ( 357 SE2d 792 ) (1987).

1996Gamble v. State, 257 Ga. 325, 327 (5) ( 357 SE2d 792 ) (1987).

11
State v. Hansongreen
ga · 1982 · cited in 1 Georgia opinions naming this issue, 1994–1994
2 sentences

1994In Hanson , at 746-747 (3), a prospective requirement of court approval for prosecutorial promises to forgo prosecution was announced predicated in part on this court’s decision of Smith v. State, 74 Ga. App. 777 ( 41 SE2d 541 ) and particularly upon certain language from that decision which was quoted with approval in Hanson .

1994This included a statement that: “ ‘the weight of authority upholds the proposition that if such an agreement is made with the prosecuting attorney alone, without the consent or advice of the court, it is of no effect as a protection . . . if he is afterwards placed on trial in violation of that agreement.’ Smith v. State, supra at 785.” Hanson v. State, 249 Ga. 739, 746 (3), supra. Based upon this language, my conclusion is that any agreement to forgo prosecution will not become binding until approved by the court, that until such approval has been granted the prosecutor may renounce the agree

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
King v. State green
ga · 1998
2 sentences

1999The prospective rule regarding verbatim records of guilty plea hearings announced in King v. State, 270 Ga. 367 ( 509 SE2d 32 ), if applicable to non-jury trials of traffic offenses in the probate courts, was nevertheless not in force until February 25, 1999, the date of publication in the official advance sheets.

1999The prospective rule regarding verbatim records of guilty plea hearings announced in King v. State, 270 Ga. 367 ( 509 SE2d 32 ), if applicable to non-jury trials of traffic offenses in the probate courts, was nevertheless not in force until February 25, 1999, the date of publication in the official advance sheets.

11999–1999
Smith v. State green
gactapp · 1947
2 sentences

1994In Hanson , at 746-747 (3), a prospective requirement of court approval for prosecutorial promises to forgo prosecution was announced predicated in part on this court’s decision of Smith v. State, 74 Ga. App. 777 ( 41 SE2d 541 ) and particularly upon certain language from that decision which was quoted with approval in Hanson .

1994In Hanson , at 746-747 (3), a prospective requirement of court approval for prosecutorial promises to forgo prosecution was announced predicated in part on this court’s decision of Smith v. State, 74 Ga. App. 777 ( 41 SE2d 541 ) and particularly upon certain language from that decision which was quoted with approval in Hanson .

11994–1994
Conklin v. State green
ga · 1985
2 sentences

1986Also, in Conklin v. State, 254 Ga. 558 ( 331 SE2d 532 ) (1985), which was decided approximately one and one-half months before Whitsell’s trial, the Georgia Supreme Court announced the prospective rule that allowing counsel to read law to the trial court in the presence of the jury in criminal cases shall constitute reversible error. shall constitute reversible error.

1986Also, in Conklin v. State, 254 Ga. 558 ( 331 SE2d 532 ) (1985), which was decided approximately one and one-half months before Whitsell’s trial, the Georgia Supreme Court announced the prospective rule that allowing counsel to read law to the trial court in the presence of the jury in criminal cases shall constitute reversible error. shall constitute reversible error.

11986–1986
Moxley v. Ragan green
kyctapp · 1873
1 sentence

1953They are intended not alone for the benefit of the party in whose favor they have run, but are also for the general public good.” The Traders Investment Co-, case, supra, in holding that a prospective waiver of garnishment exemption was unenforceable as against public policy relied in part upon the case of Moxley v. Ragan, 10 Bush 156 (19 Am.

11953–1953

Where else courts name it

CA 42 (1958–2025) MA 28 (1981–2023) NY 22 (1943–2021) PA 21 (1940–2023) MO 18 (2007–2020) IL 15 (1977–2020) FL 13 (1971–2018) HI 11 (1996–2023) TX 7 (1977–2023) MN 7 (1991–2024) MD 7 (1929–2013) IN 6 (1994–2013) UT 6 (1992–2019) OR 6 (1980–2022) GA 6 (1953–2024) CT 5 (1999–2019) IA 5 (1989–2015) MI 5 (1972–2012) DC 4 (1976–2003) NJ 4 (1988–2019) AK 4 (1995–2025) WI 3 (1986–2009) CO 3 (2011–2021) ME 3 (1994–2022) OH 3 (2006–2021) NM 3 (2009–2024) WV 3 (1991–2014) TN 3 (2001–2006) VA 2 (2000–2018) KY 2 (1948–1967) KS 2 (1991–1996) LA 2 (1970–1985) OK 2 (1987–1995) NH 2 (1972–2011) AR 2 (1982–1993)

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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