prisoner to overcome presumption (Georgia) · Go Syfert
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prisoner to overcome presumption in Georgia

5 Georgia opinions name it 1 courts 1964–2004 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.

Followed or applied (3)

CaseFollowedCited
Broome v. Matthewsgreen
ga · 1967 · cited in 1 Georgia opinions naming this issue, 2004–2004
2 sentences

2004Moreover, and maybe more important from an overall perspective of habeas corpus jurisprudence, today's opinion is completely inconsistent with the well-recognized principle that, "[i]n a habeas corpus hearing there is a presumption in favor of the conviction or judgment unreversed, and that the decision of the court convicting the prisoner was well founded, ... and the burden is upon the prisoner to overcome this presumption." [Cit.] Broome v. Matthews , 223 Ga. 92, 94 (2), 153 S.E.2d 721 (1967).

2004Moreover, and maybe more important from an overall perspective of habeas corpus jurisprudence, today's opinion is completely inconsistent with the well-recognized principle that, "[i]n a habeas corpus hearing there is a presumption in favor of the conviction or judgment unreversed, and that the decision of the court convicting the prisoner was well founded, ... and the burden is upon the prisoner to overcome this presumption." [Cit.] Broome v. Matthews , 223 Ga. 92, 94 (2), 153 S.E.2d 721 (1967).

11
Beavers v. Smithgreen
ga · 1971 · cited in 1 Georgia opinions naming this issue, 1972–1972
2 sentences

1972"In a habeas corpus hearing there is a presumption in favor of the conviction *630 or judgment unreversed, and that the decision of the court convicting the prisoner was well founded, . . . and the burden is upon the prisoner to overcome this presumption.” Gay v. Balkcom, 219 Ga. 554 ( 134 SE2d 600 ); Beavers v. Smith, 227 Ga. 344, 348 ( 180 SE2d 717 ).

1972"In a habeas corpus hearing there is a presumption in favor of the conviction *630 or judgment unreversed, and that the decision of the court convicting the prisoner was well founded, . . . and the burden is upon the prisoner to overcome this presumption.” Gay v. Balkcom, 219 Ga. 554 ( 134 SE2d 600 ); Beavers v. Smith, 227 Ga. 344, 348 ( 180 SE2d 717 ).

11
Mathis v. Scottgreen
ga · 1945 · cited in 1 Georgia opinions naming this issue, 1964–1964
2 sentences

1964In a habeas corpus hearing there is a 'presumption in favor of the conviction or judgment unreversed, and that the decision of the court convicting the prisoner was well founded, Code § 38-114, Jones & Alford v. Tarver, 19 Ga. 279 , ■ Mathis v. Scott, 199 Ga. 743, 744 (1) ( 35 SE2d 285 ), Stanforth v. Balkcom, 217 Ga. 816 ( 125 SE2d 505 ), and the burden is upon the prisoner to overcome this presumption.

1964In a habeas corpus hearing there is a 'presumption in favor of the conviction or judgment unreversed, and that the decision of the court convicting the prisoner was well founded, Code § 38-114, Jones & Alford v. Tarver, 19 Ga. 279 , ■ Mathis v. Scott, 199 Ga. 743, 744 (1) ( 35 SE2d 285 ), Stanforth v. Balkcom, 217 Ga. 816 ( 125 SE2d 505 ), and the burden is upon the prisoner to overcome this presumption.

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
Gay v. Balkcom green
ga · 1964
2 sentences

1972"In a habeas corpus hearing there is a presumption in favor of the conviction *630 or judgment unreversed, and that the decision of the court convicting the prisoner was well founded, . . . and the burden is upon the prisoner to overcome this presumption.” Gay v. Balkcom, 219 Ga. 554 ( 134 SE2d 600 ); Beavers v. Smith, 227 Ga. 344, 348 ( 180 SE2d 717 ).

1972"In a habeas corpus hearing there is a presumption in favor of the conviction *630 or judgment unreversed, and that the decision of the court convicting the prisoner was well founded, . . . and the burden is upon the prisoner to overcome this presumption.” Gay v. Balkcom, 219 Ga. 554 ( 134 SE2d 600 ); Beavers v. Smith, 227 Ga. 344, 348 ( 180 SE2d 717 ).

31967–1972
Jones v. Tarver neutral
ga · 1856
1 sentence

1964In a habeas corpus hearing there is a 'presumption in favor of the conviction or judgment unreversed, and that the decision of the court convicting the prisoner was well founded, Code § 38-114, Jones & Alford v. Tarver, 19 Ga. 279 , ■ Mathis v. Scott, 199 Ga. 743, 744 (1) ( 35 SE2d 285 ), Stanforth v. Balkcom, 217 Ga. 816 ( 125 SE2d 505 ), and the burden is upon the prisoner to overcome this presumption.

11964–1964
Stanforth v. Balkcom green
ga · 1962
2 sentences

1964In a habeas corpus hearing there is a 'presumption in favor of the conviction or judgment unreversed, and that the decision of the court convicting the prisoner was well founded, Code § 38-114, Jones & Alford v. Tarver, 19 Ga. 279 , ■ Mathis v. Scott, 199 Ga. 743, 744 (1) ( 35 SE2d 285 ), Stanforth v. Balkcom, 217 Ga. 816 ( 125 SE2d 505 ), and the burden is upon the prisoner to overcome this presumption.

1964In a habeas corpus hearing there is a 'presumption in favor of the conviction or judgment unreversed, and that the decision of the court convicting the prisoner was well founded, Code § 38-114, Jones & Alford v. Tarver, 19 Ga. 279 , ■ Mathis v. Scott, 199 Ga. 743, 744 (1) ( 35 SE2d 285 ), Stanforth v. Balkcom, 217 Ga. 816 ( 125 SE2d 505 ), and the burden is upon the prisoner to overcome this presumption.

11964–1964

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