great and glaring error (Georgia) · Go Syfert
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great and glaring error in Georgia

5 Georgia opinions name it 2 courts 1954–2026 3 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 (4)

CaseFollowedCited
Ellison v. Georgia Railroadgreen
ga · 1891 · cited in 4 Georgia opinions naming this issue, 1954–2026
2 sentences

2026Rev. 345 , 347 (1986). 13 See, e.g., Ellison v. Georgia R.R. & Banking Co., 87 Ga. 691, 696 (1) ( 13 SE 809 ) (1891) (Bleckley, C.J.) (noting that, when encountering “a great and glaring error affecting the current administration of justice,” the “maxim for a supreme court ... is not [s]tare decisis, but [f]iat justitia ruat coelum [let justice be done, though the heavens fall]”).

2026Rev. 345 , 347 (1986). 13 See, e.g., Ellison v. Georgia R.R. & Banking Co., 87 Ga. 691, 696 (1) ( 13 SE 809 ) (1891) (Bleckley, C.J.) (noting that, when encountering “a great and glaring error affecting the current administration of justice,” the “maxim for a supreme court ... is not [s]tare decisis, but [f]iat justitia ruat coelum [let justice be done, though the heavens fall]”).

44
Ammons v. Stategreen
ga · 2022 · cited in 1 Georgia opinions naming this issue, 2026–2026
2 sentences

2026See also Ammons v. State, 315 Ga. 149, 169 (1) ( 880 SE2d 544 ) (2022) (Pinson, J., concurring) (noting that “the rule of law can ... be undermined by perpetuating decisions that are obviously and harmfully wrong,” and “[w]hen sticking to such decisions would cause more damage to the rule of law than correcting course, courts may choose overruling as the lesser evil.”). 6 Unsurprisingly, an invocation of stare decisis is often made “most fervently when the precedent at issue is least defensible.”14 But a raw appeal to stare decisis and nothing more is no argument at all.

2026See also Ammons v. State, 315 Ga. 149, 169 (1) ( 880 SE2d 544 ) (2022) (Pinson, J., concurring) (noting that “the rule of law can ... be undermined by perpetuating decisions that are obviously and harmfully wrong,” and “[w]hen sticking to such decisions would cause more damage to the rule of law than correcting course, courts may choose overruling as the lesser evil.”). 6 Unsurprisingly, an invocation of stare decisis is often made “most fervently when the precedent at issue is least defensible.”14 But a raw appeal to stare decisis and nothing more is no argument at all.

11
Johnson v. Stategreen
ga · 2023 · cited in 1 Georgia opinions naming this issue, 2025–2025
2 sentences

2025In identifying those “rare cases,” we have resisted applying a strict formula or an “exclusive” list of “factors.” Johnson, 315 Ga. at 887-888 (3).

2025In identifying those “rare cases,” we have resisted applying a strict formula or an “exclusive” list of “factors.” Johnson, 315 Ga. at 887-888 (3).

11
Humthlett v. Reevesgreen
ga · 1954 · cited in 1 Georgia opinions naming this issue, 2008–2008
2 sentences

2008When an error of this magnitude and which moves in so wide an orbit competes with truth in the struggle for existence, the maxim for a supreme court, supreme in the majesty of duty as well as in the majesty of power, is not stare decisis, but fiat justitia ruat coelum [let justice be done, though the heavens should fall].” (Citation omitted.) Humthlett v. Reeves, 211 Ga. 210, 216 (1) ( 85 SE2d 25 ) (1954).

2008When an error of this magnitude and which moves in so wide an orbit competes with truth in the struggle for existence, the maxim for a supreme court, supreme in the majesty of duty as well as in the majesty of power, is not stare decisis, but fiat justitia ruat coelum [let justice be done, though the heavens should fall].” (Citation omitted.) Humthlett v. Reeves, 211 Ga. 210, 216 (1) ( 85 SE2d 25 ) (1954).

11

Distinguished, questioned or overruled (0)

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

Where else courts name it

GA 5 (1954–2026) CO 4 (1911–1919) MS 2 (1917–1983)

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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