unrequested charge is reversible error (Georgia) · Go Syfert
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unrequested charge is reversible error in Georgia

5 Georgia opinions name it 2 courts 2004–2011 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
Kennedy v. Stategreen
ga · 2004 · cited in 4 Georgia opinions naming this issue, 2004–2011
2 sentences

2011There is nothing in the record, however, to reflect that appellant requested such a charge in writing. 3 “The failure to give an unrequested charge is reversible error when the omission is clearly harmful and erroneous as a matter of law in that the charge as given fails to provide the jury with the proper guidelines for determining guilt or innocence.” (Citations and punctuation omitted.) Kennedy v. State, 277 Ga. 588, 591 (3) ( 592 SE2d 830 ) (2004).

2011There is nothing in the record, however, to reflect that appellant requested such a charge in writing. 3 “The failure to give an unrequested charge is reversible error when the omission is clearly harmful and erroneous as a matter of law in that the charge as given fails to provide the jury with the proper guidelines for determining guilt or innocence.” (Citations and punctuation omitted.) Kennedy v. State, 277 Ga. 588, 591 (3) ( 592 SE2d 830 ) (2004).

44
Phillips v. Stategreen
gactapp · 2004 · cited in 1 Georgia opinions naming this issue, 2006–2006
2 sentences

2006“In this case, the charge as given did not fail to provide the jury with such guidelines, and [Massey] waived any other error by failing to request *310 the charge in writing. [Cit.]” Phillips v. State, 269 Ga. App. 619, 629 (7) ( 604 SE2d 520 ) (2004).

2006“In this case, the charge as given did not fail to provide the jury with such guidelines, and [Massey] waived any other error by failing to request *310 the charge in writing. [Cit.]” Phillips v. State, 269 Ga. App. 619, 629 (7) ( 604 SE2d 520 ) (2004).

11
Seay v. Stategreen
ga · 2003 · cited in 1 Georgia opinions naming this issue, 2004–2004
2 sentences

2004The failure to give an unrequested charge is reversible error when "`the omission is clearly harmful and erroneous as a matter of law in that [the charge as given] fails to provide the jury with the proper guidelines for determining guilt or innocence.' [Cit.]" Seay v. State, 276 Ga. 139, 140 (2), 576 S.E.2d 839 (2003); Kitchen v. State, 263 Ga. 629 (1), 436 S.E.2d 645 (1993).

2004The failure to give an unrequested charge is reversible error when "`the omission is clearly harmful and erroneous as a matter of law in that [the charge as given] fails to provide the jury with the proper guidelines for determining guilt or innocence.' [Cit.]" Seay v. State, 276 Ga. 139, 140 (2), 576 S.E.2d 839 (2003); Kitchen v. State, 263 Ga. 629 (1), 436 S.E.2d 645 (1993).

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 (1)

CaseCitedYears
Kitchen v. State green
ga · 1993
2 sentences

2004The failure to give an unrequested charge is reversible error when "`the omission is clearly harmful and erroneous as a matter of law in that [the charge as given] fails to provide the jury with the proper guidelines for determining guilt or innocence.' [Cit.]" Seay v. State, 276 Ga. 139, 140 (2), 576 S.E.2d 839 (2003); Kitchen v. State, 263 Ga. 629 (1), 436 S.E.2d 645 (1993).

2004The failure to give an unrequested charge is reversible error when "`the omission is clearly harmful and erroneous as a matter of law in that [the charge as given] fails to provide the jury with the proper guidelines for determining guilt or innocence.' [Cit.]" Seay v. State, 276 Ga. 139, 140 (2), 576 S.E.2d 839 (2003); Kitchen v. State, 263 Ga. 629 (1), 436 S.E.2d 645 (1993).

12004–2004

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