behest defense (Georgia) · Go Syfert
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behest defense in Georgia

5 Georgia opinions name it 2 courts 1986–2024 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 (2)

CaseFollowedCited
Williams v. Stategreen
ga · 2011 · cited in 3 Georgia opinions naming this issue, 2020–2024
2 sentences

2024Further, Shriver slightly contributed to the delay in this case by waiving his right to a jury trial only to change his mind and demand a jury trial. “[W]hen any portion of a delay in trial is caused by or at the behest of defense counsel, it should not be weighed against the State.” Williams v. State, 290 Ga. 24, 26 (2) ( 717 SE2d 640 ) (2011).

2024Further, Shriver slightly contributed to the delay in this case by waiving his right to a jury trial only to change his mind and demand a jury trial. “[W]hen any portion of a delay in trial is caused by or at the behest of defense counsel, it should not be weighed against the State.” Williams v. State, 290 Ga. 24, 26 (2) ( 717 SE2d 640 ) (2011).

33
Weis v. Stategreen
ga · 2010 · cited in 1 Georgia opinions naming this issue, 2011–2011
2 sentences

2011And, when any portion of a delay in trial is caused by or at the behest of defense counsel, it should not be weighed against the State. *27 Weis v. State, 287 Ga. 46, 52 (1) (b) ( 694 SE2d 350 ) (2010).

2011And, when any portion of a delay in trial is caused by or at the behest of defense counsel, it should not be weighed against the State. *27 Weis v. State, 287 Ga. 46, 52 (1) (b) ( 694 SE2d 350 ) (2010).

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
Sabel v. State green
ga · 1981
2 sentences

1986While an indigent defendant is entitled on motion timely made to have at state expense an independent expert examine critical evidence, the nature of which is subject to varying expert opinion (Battle v. State, 254 Ga. 666 (2) ( 333 SE2d 599 ) (1985); Sabel v. State, 248 Ga. 10 (6) ( 282 SE2d 61 ) (1981)), a non-indigent defendant is not entitled to such financial aid, and neither type of defendant is entitled to the resources of the State Crime Lab.

1986While an indigent defendant is entitled on motion timely made to have at state expense an independent expert examine critical evidence, the nature of which is subject to varying expert opinion (Battle v. State, 254 Ga. 666 (2) ( 333 SE2d 599 ) (1985); Sabel v. State, 248 Ga. 10 (6) ( 282 SE2d 61 ) (1981)), a non-indigent defendant is not entitled to such financial aid, and neither type of defendant is entitled to the resources of the State Crime Lab.

11986–1986
Battle v. State green
ga · 1985
2 sentences

1986While an indigent defendant is entitled on motion timely made to have at state expense an independent expert examine critical evidence, the nature of which is subject to varying expert opinion (Battle v. State, 254 Ga. 666 (2) ( 333 SE2d 599 ) (1985); Sabel v. State, 248 Ga. 10 (6) ( 282 SE2d 61 ) (1981)), a non-indigent defendant is not entitled to such financial aid, and neither type of defendant is entitled to the resources of the State Crime Lab.

1986While an indigent defendant is entitled on motion timely made to have at state expense an independent expert examine critical evidence, the nature of which is subject to varying expert opinion (Battle v. State, 254 Ga. 666 (2) ( 333 SE2d 599 ) (1985); Sabel v. State, 248 Ga. 10 (6) ( 282 SE2d 61 ) (1981)), a non-indigent defendant is not entitled to such financial aid, and neither type of defendant is entitled to the resources of the State Crime Lab.

11986–1986

Where else courts name it

GA 5 (1986–2024) NY 3 (1976–2003) IL 3 (1964–2023)

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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