Oliver motion (Georgia) · Go Syfert
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Oliver motion in Georgia

5 Georgia opinions name it 2 courts 2004–2022 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 (2)

CaseFollowedCited
Moss v. Stategreen
ga · 2002 · cited in 1 Georgia opinions naming this issue, 2022–2022
2 sentences

2022With regard to alleged “judicial deception” in obtaining the warrant, “[i]f a court determines that an affidavit contains material false representations or omissions, the false statements must be deleted, the omitted truthful material must be included, and the affidavit must be reexamined to determine whether probable cause exists to issue a warrant.” (Citation and footnote omitted.) Moss v. State, 275 Ga. 96, 102-103 (13) ( 561 SE2d 382 ) (2002).

2022With regard to alleged “judicial deception” in obtaining the warrant, “[i]f a court determines that an affidavit contains material false representations or omissions, the false statements must be deleted, the omitted truthful material must be included, and the affidavit must be reexamined to determine whether probable cause exists to issue a warrant.” (Citation and footnote omitted.) Moss v. State, 275 Ga. 96, 102-103 (13) ( 561 SE2d 382 ) (2002).

11
Holloman v. Stategreen
ga · 2013 · cited in 1 Georgia opinions naming this issue, 2013–2013
2 sentences

2013In reviewing a trial court’s ruling on an ineffective assistance claim, “we accept the trial court’s factual findings and credibility determinations unless clearly erroneous, but we independently apply the legal principles to the facts.” (Citations and punctuation omitted.) Holloman v. State, 293 Ga. 151, 154 (4) ( 744 SE2d 59 ) (2013). 6 At the hearing on Oliver’s motion for new trial, Oliver called two expert witnesses.

2013In reviewing a trial court’s ruling on an ineffective assistance claim, “we accept the trial court’s factual findings and credibility determinations unless clearly erroneous, but we independently apply the legal principles to the facts.” (Citations and punctuation omitted.) Holloman v. State, 293 Ga. 151, 154 (4) ( 744 SE2d 59 ) (2013). 6 At the hearing on Oliver’s motion for new trial, Oliver called two expert witnesses.

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 (3)

CaseCitedYears
Ryckeley v. Callaway green
ga · 1992
2 sentences

2015For this reason, the Court of Appeals, in Division 1 of its opinion, properly found that a question of fact remained regarding the allocation of McDade’s damages and affirmed the trial court’s denial of Oliver’s motion 2 The impact rule may be summarized as follows: “In a claim concerning negligent conduct, a recovery for emotional distress is allowed only where there is some impact on the plaintiff, and that impact must be a physical injury.” Ryckeley v. Callaway, 261 Ga. 828 ( 412 SE2d 826 ) (1992). 3 for summary judgment.

2015For this reason, the Court of Appeals, in Division 1 of its opinion, properly found that a question of fact remained regarding the allocation of McDade’s damages and affirmed the trial court’s denial of Oliver’s motion 2 The impact rule may be summarized as follows: “In a claim concerning negligent conduct, a recovery for emotional distress is allowed only where there is some impact on the plaintiff, and that impact must be a physical injury.” Ryckeley v. Callaway, 261 Ga. 828 ( 412 SE2d 826 ) (1992). 3 for summary judgment.

12015–2015
Lau's Corp., Inc. v. Haskins green
ga · 1991
2 sentences

2005Lau’s Corp. v. Haskins, 261 Ga. 491 ( 405 SE2d 474 ) (1991). 2.

2005Lau’s Corp. v. Haskins, 261 Ga. 491 ( 405 SE2d 474 ) (1991). 2.

12005–2005
Oliver v. Sutton green
gactapp · 2000
1 sentence

2004Id. at 438 .

12004–2004

Where else courts name it

OH 8 (2003–2023) GA 5 (2004–2022) TX 4 (1987–2022) AL 4 (1999–2003) NY 3 (1989–2005) NE 3 (1992–1996) CA 3 (1989–2006) NV 3 (2011–2022) IL 3 (1980–2024) OK 2 (1991–2007) AZ 2 (2013–2021) VA 2 (2020–2022) MO 2 (2006–2006) PA 2 (2017–2019)

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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