res judicata precludes not only re-litigation doctrine (Georgia) · Go Syfert
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res judicata precludes not only re-litigation doctrine in Georgia

6 Georgia opinions name it 1 courts 2015–2022 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 (5)

CaseFollowedCited
Beasley v. Stategreen
ga · 2015 · cited in 5 Georgia opinions naming this issue, 2019–2022
2 sentences

2022See, e.g., Cooper, 306 Ga. at 165 (holding that under the doctrine of res judicata, the previous denial of a motion for out-of-time appeal bars a new motion for an out-of-time appeal); Beasley v. State, 298 Ga. 49, 50 (779 SE2d 301) (2015) (“[T]he doctrine of res judicata precludes not only re-litigation of claims that were actually adjudicated in the prior cause of action, but those which could have been adjudicated therein.”).

2022See, e.g., Cooper, 306 Ga. at 165 (holding that under the doctrine of res judicata, the previous denial of a motion for out-of-time appeal bars a new motion for an out-of-time appeal); Beasley v. State, 298 Ga. 49, 50 (779 SE2d 301) (2015) (“[T]he doctrine of res judicata precludes not only re-litigation of claims that were actually adjudicated in the prior cause of action, but those which could have been adjudicated therein.”).

35
Cooper v. Stategreen
ga · 2019 · cited in 1 Georgia opinions naming this issue, 2022–2022
2 sentences

2022See, e.g., Cooper, 306 Ga. at 165 (holding that under the doctrine of res judicata, the previous denial of a motion for an out-of-time appeal bars a new motion for an out-of-time appeal); Beasley v. State, 298 Ga. 49, 50 ( 779 SE2d 301 ) (2015) (“[T]he doctrine of res judicata precludes not only re-litigation of claims that were actually adjudicated in the prior cause of action, but those which could have been adjudicated therein.”).

2022See, e.g., Cooper, 306 Ga. at 165 (holding that under the doctrine of res judicata, the previous denial of a motion for out-of-time appeal bars a new motion for an out-of-time appeal); Beasley v. State, 298 Ga. 49, 50 (779 SE2d 301) (2015) (“[T]he doctrine of res judicata precludes not only re-litigation of claims that were actually adjudicated in the prior cause of action, but those which could have been adjudicated therein.”).

11
Cook v. Stategreen
ga · 2022 · cited in 1 Georgia opinions naming this issue, 2022–2022
1 sentence

2022Any attempted re-litigation of these claims would, therefore, be barred. 4 otherwise not yet final” when the opinion issued. 313 Ga. at 506 (5).

11
Wiggins v. Stategreen
ga · 2010 · cited in 1 Georgia opinions naming this issue, 2015–2015
2 sentences

2015Wiggins v. State, 288 Ga. 169, 170 (1) ( 702 SE2d 865 ) (2010) (Citations and punctuation omitted.) And, although Beasley did not assert in the habeas court that the trial court failed, sua sponte, to inquire into his competency at his plea hearing, the doctrine of res judicata precludes not only re-litigation of claims that were actually adjudicated in the prior cause of action, but those which could have been adjudicated therein.

2015Wiggins v. State, 288 Ga. 169, 170 (1) ( 702 SE2d 865 ) (2010) (Citations and punctuation omitted.) And, although Beasley did not assert in the habeas court that the trial court failed, sua sponte, to inquire into his competency at his plea hearing, the doctrine of res judicata precludes not only re-litigation of claims that were actually adjudicated in the prior cause of action, but those which could have been adjudicated therein.

11
Body of Christ Overcoming Church of God, Inc. v. Brinsongreen
ga · 2010 · cited in 1 Georgia opinions naming this issue, 2015–2015
2 sentences

2015Body of Christ Overcoming Church of God v. Brinson, 287 Ga. 485, 486 ( 696 SE2d 667 ) (2010).

2015Body of Christ Overcoming Church of God v. Brinson, 287 Ga. 485, 486 ( 696 SE2d 667 ) (2010).

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Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

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