violates rule (Georgia) · Go Syfert
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violates rule in Georgia

5 Georgia opinions name it 2 courts 1978–2026 2 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
Reese v. Stategreen
ga · 2023 · cited in 1 Georgia opinions naming this issue, 2026–2026
1 sentence

2026Reese v. State, 317 Ga. 189, 204 (2023) (cleaned up).

11
Stewart v. Stategreen
ga · 2021 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023So you follow that course with each count. “[W]hen the evidence presented in a criminal trial warrants a jury instruction on a lesser-included offense,” a trial court violates the rule against impermissible sequential jury instructions “if it instructs the jury that it may consider the lesser offense only if it first unanimously finds the defendant not guilty of the indicted greater offense.” Stewart v. State, 311 Ga. 471, 473-474 (858 SE2d 456) (2021).

2023So you follow that course with each count. “[W]hen the evidence presented in a criminal trial warrants a jury instruction on a lesser-included offense,” a trial court violates the rule against impermissible sequential jury instructions “if it instructs the jury that it may consider the lesser offense only if it first unanimously finds the defendant not guilty of the indicted greater offense.” Stewart v. State, 311 Ga. 471, 473-474 (858 SE2d 456) (2021).

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 (2)

CaseCitedYears
Purkett v. Elem green
scotus · 1995
2 sentences

2002(Emphasis in original.) Id.

1997The latter violates the principle that the ultimate burden of persuasion regarding racial motivation rests with, and never shifts from, the opponent of the strike.” (Citations and punctuation omitted; emphasis in original and supplied.) Purkett, supra. It is possible that the trial court in this case understood counsel’s explanations to be race-neutral on their face, but did not accept them because it believed the reasons to be pretextual.

21997–2002
Brady v. Maryland green
scotus · 1963
2 sentences

1978This violates the principle set forth in Brady v. Maryland, 373 U. S. 83 (83 SC 1194, 10 LE2d 215) (1963), just as much as if the state had concealed from this defendant the existence of Pasby’s mitigating testimony.

1978This violates the principle set forth in Brady v. Maryland, 373 U. S. 83 (83 SC 1194, 10 LE2d *277 215) (1963), just as much as if the state had concealed from this defendant the existence of Pasby's mitigating testimony.

11978–1978

Where else courts name it

CA 30 (1930–2025) IL 10 (1953–2025) OH 9 (1990–2016) IN 8 (1933–2020) NC 8 (1972–1994) AL 6 (1932–2014) LA 6 (1995–2019) FL 6 (1991–2019) IA 6 (1973–2017) WA 5 (1909–2023) OK 5 (1938–1976) GA 5 (1978–2026) TX 4 (1991–2024) NY 4 (1952–2009) MI 4 (1971–2021) SC 4 (1996–2007) KY 3 (2004–2015) RI 3 (1966–2007) KS 3 (2000–2000) PA 3 (1921–2025) MO 2 (1991–2018) AK 2 (1977–2003) NV 2 (2011–2021) NE 2 (1985–2019) AR 2 (1979–1982) MD 2 (1946–2008) MS 2 (1982–1992)

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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