strength presumption (Georgia) · Go Syfert
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strength presumption in Georgia

6 Georgia opinions name it 2 courts 1936–2025 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
Ryan v. Stategreen
ga · 2025 · cited in 1 Georgia opinions naming this issue, 2025–2025
1 sentence

2025See Blalock v. State, 320 Ga. 694, 705 (2025) (concluding that trial counsel’s strategic decision not to present an alibi defense was not deficient performance where evidence was conflicting regarding alibi and counsel had concerns about the strength of such a defense).

11
Chapel v. Stategreen
ga · 1994 · cited in 1 Georgia opinions naming this issue, 2015–2015
2 sentences

2015See Chapel v. State, 264 Ga. 267, 270 (3) (c) ( 443 SE2d 271 ) (1994) (“Furthermore, this court has held that when faced with a ‘serious potential for a post-trial claim of ineffectiveness’ a trial court properly refused to allow the defendant to be represented by counsel of his choice.” (citation omitted)).

2015See Chapel v. State, 264 Ga. 267, 270 (3) (c) ( 443 SE2d 271 ) (1994) (“Furthermore, this court has held that when faced with a ‘serious potential for a post-trial claim of ineffectiveness’ a trial court properly refused to allow the defendant to be represented by counsel of his choice.” (citation omitted)).

11
Holmes v. Stategreen
ga · 2001 · cited in 1 Georgia opinions naming this issue, 2006–2006
2 sentences

2006See Holmes v. State, 273 Ga. 644, 648 (5) (c) ( 543 SE2d 688 ) (2001) (decision by trial counsel not to object to a prosecutor’s argument may fall within the ambit of trial strategy). *126 (h) Glidewell contends that his trial counsel were deficient in failing to object to testimony and argument as to Glide well’s future dangerousness.

2006See Holmes v. State, 273 Ga. 644, 648 (5) (c) ( 543 SE2d 688 ) (2001) (decision by trial counsel not to object to a prosecutor’s argument may fall within the ambit of trial strategy). *126 (h) Glidewell contends that his trial counsel were deficient in failing to object to testimony and argument as to Glide well’s future dangerousness.

11
Brown v. Parksgreen
ga · 1931 · cited in 1 Georgia opinions naming this issue, 1947–1947
2 sentences

1947Brown v. Parks, 173 Ga. 228, 236 ( 160 S. E. 238 ).

1947Brown v. Parks, 173 Ga. 228, 236 ( 160 S. E. 238 ).

11
Hill v. Stategreen
gactapp · 1934 · cited in 1 Georgia opinions naming this issue, 1936–1936
2 sentences

1936The strength of this presumption is indicated by this statement in the recent case of Hill v. State, 50 Ga. App. 288, 290 ( 177 S. E. 826 ) : “This being so, the husband in this case was at least presumed to be in control of the intoxicating liquors, and the fact that a member of his family, who was his son, testified that the liquor was his, made the question as to who was in control of the liquor one for the jury.” Of course, “One may have, control, or possess liquor in violation of law and at no time be present at the place of storage or have such liquor in his physical possession.” Hendrix

1936The strength of this presumption is indicated by this statement in the recent case of Hill v. State, 50 Ga. App. 288, 290 ( 177 S. E. 826 ) : “This being so, the husband in this case was at least presumed to be in control of the intoxicating liquors, and the fact that a member of his family, who was his son, testified that the liquor was his, made the question as to who was in control of the liquor one for the jury.” Of course, “One may have, control, or possess liquor in violation of law and at no time be present at the place of storage or have such liquor in his physical possession.” Hendrix

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 (2)

CaseCitedYears
Wood v. Lane green
· 1897
1 sentence

1944But “a second verdict, found with no evidence to sustain it, should be set aside as readily as a first one.” Wood v. Lane, 102 Ga. 199 (29 S. E.180).

11944–1944
Hendrix v. State green
gactapp · 1919
2 sentences

1936The strength of this presumption is indicated by this statement in the recent case of Hill v. State, 50 Ga. App. 288, 290 ( 177 S. E. 826 ) : “This being so, the husband in this case was at least presumed to be in control of the intoxicating liquors, and the fact that a member of his family, who was his son, testified that the liquor was his, made the question as to who was in control of the liquor one for the jury.” Of course, “One may have, control, or possess liquor in violation of law and at no time be present at the place of storage or have such liquor in his physical possession.” Hendrix

1936The strength of this presumption is indicated by this statement in the recent case of Hill v. State, 50 Ga. App. 288, 290 ( 177 S. E. 826 ) : “This being so, the husband in this case was at least presumed to be in control of the intoxicating liquors, and the fact that a member of his family, who was his son, testified that the liquor was his, made the question as to who was in control of the liquor one for the jury.” Of course, “One may have, control, or possess liquor in violation of law and at no time be present at the place of storage or have such liquor in his physical possession.” Hendrix

11936–1936

Where else courts name it

TX 86 (1891–2024) NJ 52 (1927–2024) CA 29 (1892–2026) NY 24 (1914–2023) PA 24 (1916–2020) OH 21 (2006–2022) IL 15 (1928–2025) MI 15 (1896–2026) TN 12 (1953–2020) IA 11 (1898–1985) IN 10 (1877–2021) NE 10 (2016–2021) OR 9 (1943–2022) FL 8 (1929–2018) NC 8 (1881–2022) AL 8 (1887–2011) OK 6 (1916–1961) GA 6 (1936–2025) WA 6 (1914–2017) CO 6 (1982–2026) MD 6 (1973–2012) KS 6 (1892–2022) MA 5 (1883–2024) AZ 5 (1978–2007) HI 4 (1972–2020) DC 4 (1983–2020) ME 4 (1968–2017) NM 4 (1980–1989) DE 4 (1954–1989) LA 3 (1928–1984) SD 3 (1956–2024) SC 3 (2000–2009) VA 3 (2006–2025) MO 3 (1913–1980) MS 3 (1894–1982) UT 2 (2008–2020) MN 2 (1984–2001) WV 2 (1936–2002) KY 2 (2009–2023) CT 2 (1918–2011) ID 2 (1986–1991) VT 2 (1991–2024)

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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