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5 Georgia opinions name it 2 courts 1995–2016 0 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.
| Case | Followed | Cited |
|---|---|---|
Banta v. Stategreen2 sentences2016See also Chynoweth *68 v. State, 331 Ga. App. 123, 126 (2) ( 768 SE2d 536 ) (2015) (finding that the rule of lenity was not implicated by convictions for riot in a penal institution and felony obstruction). 15 See Banta, 281 Ga. at 618 (2). 16 See OCGA §§ 16-5-1 (e) (1); 16-10-24 (b). 17 Banta, 281 Ga. at 618 (2). 18 See, e.g., Dawkins v. State, 278 Ga. App. 343, 345 ( 629 SE2d 45 ) (2006) (recognizing that it is not possible to give a false name to a police officer in violation of OCGA § 16-10-25 (a misdemeanor) without also making a false statement in violation of OCGA § 16-10-20 (a felony)) 2016See also Chynoweth *68 v. State, 331 Ga. App. 123, 126 (2) ( 768 SE2d 536 ) (2015) (finding that the rule of lenity was not implicated by convictions for riot in a penal institution and felony obstruction). 15 See Banta, 281 Ga. at 618 (2). 16 See OCGA §§ 16-5-1 (e) (1); 16-10-24 (b). 17 Banta, 281 Ga. at 618 (2). 18 See, e.g., Dawkins v. State, 278 Ga. App. 343, 345 ( 629 SE2d 45 ) (2006) (recognizing that it is not possible to give a false name to a police officer in violation of OCGA § 16-10-25 (a misdemeanor) without also making a false statement in violation of OCGA § 16-10-20 (a felony)) | 1 | 1 |
Nolley v. the Stategreen2 sentences2016See also Cordero v. State, 296 Ga. 703, 710 (3) ( 770 SE2d 577 ) (2015) (“In Drinkard v. Walker, we adopted the ‘required evidence’ test for determining when one crime is ‘included in’ another under OCGA § 16-1-6 (1) and therefore merges as a matter of fact,” pursuant to OCGA § 16-1-7 (a) (1)) (citation and punctuation omitted). 21 Nolley v. State, 335 Ga. App. 539, 545 (2) ( 782 SE2d 446 ) (2016). 22 See OCGA§ 16-10-24 (b). 23 OCGA § 16-5-21 (b) (2). 2016See also Cordero v. State, 296 Ga. 703, 710 (3) ( 770 SE2d 577 ) (2015) (“In Drinkard v. Walker, we adopted the ‘required evidence’ test for determining when one crime is ‘included in’ another under OCGA § 16-1-6 (1) and therefore merges as a matter of fact,” pursuant to OCGA § 16-1-7 (a) (1)) (citation and punctuation omitted). 21 Nolley v. State, 335 Ga. App. 539, 545 (2) ( 782 SE2d 446 ) (2016). 22 See OCGA§ 16-10-24 (b). 23 OCGA § 16-5-21 (b) (2). | 1 | 1 |
Dawkins v. Stategreen2 sentences2016See also Chynoweth *68 v. State, 331 Ga. App. 123, 126 (2) ( 768 SE2d 536 ) (2015) (finding that the rule of lenity was not implicated by convictions for riot in a penal institution and felony obstruction). 15 See Banta, 281 Ga. at 618 (2). 16 See OCGA §§ 16-5-1 (e) (1); 16-10-24 (b). 17 Banta, 281 Ga. at 618 (2). 18 See, e.g., Dawkins v. State, 278 Ga. App. 343, 345 ( 629 SE2d 45 ) (2006) (recognizing that it is not possible to give a false name to a police officer in violation of OCGA § 16-10-25 (a misdemeanor) without also making a false statement in violation of OCGA § 16-10-20 (a felony)) 2016See also Chynoweth *68 v. State, 331 Ga. App. 123, 126 (2) ( 768 SE2d 536 ) (2015) (finding that the rule of lenity was not implicated by convictions for riot in a penal institution and felony obstruction). 15 See Banta, 281 Ga. at 618 (2). 16 See OCGA §§ 16-5-1 (e) (1); 16-10-24 (b). 17 Banta, 281 Ga. at 618 (2). 18 See, e.g., Dawkins v. State, 278 Ga. App. 343, 345 ( 629 SE2d 45 ) (2006) (recognizing that it is not possible to give a false name to a police officer in violation of OCGA § 16-10-25 (a misdemeanor) without also making a false statement in violation of OCGA § 16-10-20 (a felony)) | 1 | 1 |
Hargis v. the Stategreen1 sentence2016See also Chynoweth *68 v. State, 331 Ga. App. 123, 126 (2) ( 768 SE2d 536 ) (2015) (finding that the rule of lenity was not implicated by convictions for riot in a penal institution and felony obstruction). 15 See Banta, 281 Ga. at 618 (2). 16 See OCGA §§ 16-5-1 (e) (1); 16-10-24 (b). 17 Banta, 281 Ga. at 618 (2). 18 See, e.g., Dawkins v. State, 278 Ga. App. 343, 345 ( 629 SE2d 45 ) (2006) (recognizing that it is not possible to give a false name to a police officer in violation of OCGA § 16-10-25 (a misdemeanor) without also making a false statement in violation of OCGA § 16-10-20 (a felony)) | 1 | 1 |
Chynoweth v. the Stategreen1 sentence2016See also Chynoweth *68 v. State, 331 Ga. App. 123, 126 (2) ( 768 SE2d 536 ) (2015) (finding that the rule of lenity was not implicated by convictions for riot in a penal institution and felony obstruction). 15 See Banta, 281 Ga. at 618 (2). 16 See OCGA §§ 16-5-1 (e) (1); 16-10-24 (b). 17 Banta, 281 Ga. at 618 (2). 18 See, e.g., Dawkins v. State, 278 Ga. App. 343, 345 ( 629 SE2d 45 ) (2006) (recognizing that it is not possible to give a false name to a police officer in violation of OCGA § 16-10-25 (a misdemeanor) without also making a false statement in violation of OCGA § 16-10-20 (a felony)) | 1 | 1 |
Cordero v. Stategreen2 sentences2016See also Cordero v. State, 296 Ga. 703, 710 (3) ( 770 SE2d 577 ) (2015) (“In Drinkard v. Walker, we adopted the ‘required evidence’ test for determining when one crime is ‘included in’ another under OCGA § 16-1-6 (1) and therefore merges as a matter of fact,” pursuant to OCGA § 16-1-7 (a) (1)) (citation and punctuation omitted). 21 Nolley v. State, 335 Ga. App. 539, 545 (2) ( 782 SE2d 446 ) (2016). 22 See OCGA§ 16-10-24 (b). 23 OCGA § 16-5-21 (b) (2). 2016See also Cordero v. State, 296 Ga. 703, 710 (3) ( 770 SE2d 577 ) (2015) (“In Drinkard v. Walker, we adopted the ‘required evidence’ test for determining when one crime is ‘included in’ another under OCGA § 16-1-6 (1) and therefore merges as a matter of fact,” pursuant to OCGA § 16-1-7 (a) (1)) (citation and punctuation omitted). 21 Nolley v. State, 335 Ga. App. 539, 545 (2) ( 782 SE2d 446 ) (2016). 22 See OCGA§ 16-10-24 (b). 23 OCGA § 16-5-21 (b) (2). | 1 | 1 |
Covin v. Stategreen2 sentences2009Covin v. State, 215 Ga. App. 3, 5 ( 449 SE2d 550 ) (1994). 2009Covin v. State, 215 Ga. App. 3, 5 ( 449 SE2d 550 ) (1994). | 1 | 1 |
Waldrip v. Headgreen2 sentences2007See Waldrip v. Head, 279 Ga. 826, 828 (II) (A) ( 620 SE2d 829 ) (2005) (noting Georgia’s long-standing rule that inadmissible hearsay lacks probative value even though the opposing party does not object to its introduction). 2007See Waldrip v. Head, 279 Ga. 826, 828 (II) (A) ( 620 SE2d 829 ) (2005) (noting Georgia’s long-standing rule that inadmissible hearsay lacks probative value even though the opposing party does not object to its introduction). | 1 | 1 |
Mai v. Stategreen2 sentences2003Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Mai v. State, 259 Ga. App. 471, 473 (1) ( 577 SE2d 288 ) (2003). 2003Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Mai v. State, 259 Ga. App. 471, 473 (1) ( 577 SE2d 288 ) (2003). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Blockburger v. United States
green
2 sentences2016See also Chynoweth *68 v. State, 331 Ga. App. 123, 126 (2) ( 768 SE2d 536 ) (2015) (finding that the rule of lenity was not implicated by convictions for riot in a penal institution and felony obstruction). 15 See Banta, 281 Ga. at 618 (2). 16 See OCGA §§ 16-5-1 (e) (1); 16-10-24 (b). 17 Banta, 281 Ga. at 618 (2). 18 See, e.g., Dawkins v. State, 278 Ga. App. 343, 345 ( 629 SE2d 45 ) (2006) (recognizing that it is not possible to give a false name to a police officer in violation of OCGA § 16-10-25 (a misdemeanor) without also making a false statement in violation of OCGA § 16-10-20 (a felony)) 2016See also Chynoweth *68 v. State, 331 Ga. App. 123, 126 (2) ( 768 SE2d 536 ) (2015) (finding that the rule of lenity was not implicated by convictions for riot in a penal institution and felony obstruction). 15 See Banta, 281 Ga. at 618 (2). 16 See OCGA §§ 16-5-1 (e) (1); 16-10-24 (b). 17 Banta, 281 Ga. at 618 (2). 18 See, e.g., Dawkins v. State, 278 Ga. App. 343, 345 ( 629 SE2d 45 ) (2006) (recognizing that it is not possible to give a false name to a police officer in violation of OCGA § 16-10-25 (a misdemeanor) without also making a false statement in violation of OCGA § 16-10-20 (a felony)) | 1 | 2016–2016 |
Gordon v. the State
green
1 sentence2016See also Chynoweth *68 v. State, 331 Ga. App. 123, 126 (2) ( 768 SE2d 536 ) (2015) (finding that the rule of lenity was not implicated by convictions for riot in a penal institution and felony obstruction). 15 See Banta, 281 Ga. at 618 (2). 16 See OCGA §§ 16-5-1 (e) (1); 16-10-24 (b). 17 Banta, 281 Ga. at 618 (2). 18 See, e.g., Dawkins v. State, 278 Ga. App. 343, 345 ( 629 SE2d 45 ) (2006) (recognizing that it is not possible to give a false name to a police officer in violation of OCGA § 16-10-25 (a misdemeanor) without also making a false statement in violation of OCGA § 16-10-20 (a felony)) | 1 | 2016–2016 |
Drinkard v. Walker
green
2 sentences2016See also Chynoweth *68 v. State, 331 Ga. App. 123, 126 (2) ( 768 SE2d 536 ) (2015) (finding that the rule of lenity was not implicated by convictions for riot in a penal institution and felony obstruction). 15 See Banta, 281 Ga. at 618 (2). 16 See OCGA §§ 16-5-1 (e) (1); 16-10-24 (b). 17 Banta, 281 Ga. at 618 (2). 18 See, e.g., Dawkins v. State, 278 Ga. App. 343, 345 ( 629 SE2d 45 ) (2006) (recognizing that it is not possible to give a false name to a police officer in violation of OCGA § 16-10-25 (a misdemeanor) without also making a false statement in violation of OCGA § 16-10-20 (a felony)) 2016See also Chynoweth *68 v. State, 331 Ga. App. 123, 126 (2) ( 768 SE2d 536 ) (2015) (finding that the rule of lenity was not implicated by convictions for riot in a penal institution and felony obstruction). 15 See Banta, 281 Ga. at 618 (2). 16 See OCGA §§ 16-5-1 (e) (1); 16-10-24 (b). 17 Banta, 281 Ga. at 618 (2). 18 See, e.g., Dawkins v. State, 278 Ga. App. 343, 345 ( 629 SE2d 45 ) (2006) (recognizing that it is not possible to give a false name to a police officer in violation of OCGA § 16-10-25 (a misdemeanor) without also making a false statement in violation of OCGA § 16-10-20 (a felony)) | 1 | 2016–2016 |
Banks v. State
green
2 sentences2007However, while testimony by a police officer at the hearing on Stinski’s motion, in which the officer related hearsay about Stinski’s alleged statement to a lay witness that the tote bag belonged to one of the victims, supports a factual determination that the officer heard the lay witness’s statement and provides probable cause for the legal determination whether the officer had probable cause for the search, see Banks v. State of Ga., 277 Ga. 543 (1) ( 592 SE2d 668 ) (2004) (recognizing long established rule that hearsay is admissible in determining existence of probable cause), such hearsay 2007However, while testimony by a police officer at the hearing on Stinski’s motion, in which the officer related hearsay about Stinski’s alleged statement to a lay witness that the tote bag belonged to one of the victims, supports a factual determination that the officer heard the lay witness’s statement and provides probable cause for the legal determination whether the officer had probable cause for the search, see Banks v. State of Ga., 277 Ga. 543 (1) ( 592 SE2d 668 ) (2004) (recognizing long established rule that hearsay is admissible in determining existence of probable cause), such hearsay | 1 | 2007–2007 |
Jackson v. Virginia
red
1 sentence2003Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Mai v. State, 259 Ga. App. 471, 473 (1) ( 577 SE2d 288 ) (2003). | 1 | 2003–2003 |
Payne v. State
green
2 sentences1995In Payne v. State, 217 Ga. App. 386 ( 460 SE2d 297 ) (1995), the facts of the matter were outlined as follows: “At arraignment Payne pleaded not guilty to charges of driving under the influence of alcohol, no proof of insurance, no driver’s license, improper turn, no tag, giving a false name to a police officer and violation of the Clayton County open container ordinance. 1995In Payne v. State, 217 Ga. App. 386 ( 460 SE2d 297 ) (1995), the facts of the matter were outlined as follows: “At arraignment Payne pleaded not guilty to charges of driving under the influence of alcohol, no proof of insurance, no driver’s license, improper turn, no tag, giving a false name to a police officer and violation of the Clayton County open container ordinance. | 1 | 1995–1995 |
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.