green
Positive treatment
24.0 score
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987
2006
2026
Top citers, strongest first. 50 distinct citers.
discussed
Cited as authority (rule)
Narkeshia Bass v. Kettler Medy
Nevertheless, “judicial rulings alone almost never constitute a valid basis for a bias or partiality motion.”13 Further, the Mother does not even suggest that the trial court’s 10 (Citation and punctuation omitted.) Id., quoting Baptiste v. State, 229 Ga. App. 691, 694 (1) ( 494 SE2d 530 ) (1997). 11 (Punctuation omitted.) Jones County v. A Mining Group, LLC, 285 Ga. 465, 467 ( 678 SE2d 474 ) (2009). 12 (Punctuation omitted.) Vaughn v. State, 247 Ga. App. 368, 370 (2) ( 543 SE2d 429 ) (2000), quoting Birt v. State, 256 Ga. 483, 485 (4) ( 350 SE2d 241 ) (1986). 13 (Punctuation omitted.) B…
cited
Cited as authority (rule)
MONDY v. MAGNOLIA ADVANCED MATERIALS, INC
See Horn v. Shepherd, 294 Ga. 468, 471 ( 754 SE2d 367 ) (2014); Birt v. State, 256 Ga. 483, 484 ( 350 SE2d 241 ) (1986).
cited
Cited as authority (rule)
Post v. State v. State v. State
See Horn v. Shepherd, 294 Ga. 468, 471 ( 754 SE2d 367 ) (2014); Birt v. State, 256 Ga. 483, 484 ( 350 SE2d 241 ) (1986).
discussed
Cited as authority (rule)
Harry Croft Bickel, Jr. v. State
Bickel admitted at the motion for new trial hearing that he knew at the beginning of the revocation hearing that he had 6 Bickel explained at the motion for new trial hearing that he was not represented by Judge House, who was elected to the bench “prior to his case.” 7 See also Birt v. State, 256 Ga. 483, 485-486 (4) ( 350 SE2d 241 ) (1986). 6 previously consulted with Judge House, but he did not tell his attorney at that time, and therefore, the motion failed on the grounds that it was neither timely nor legally sufficient.8 Moreover, even if Bickel had timely filed such a motion, it doe…
discussed
Cited as authority (rule)
Bickel v. State
Bickel explained at the motion for new trial hearing that he was not represented by Judge House, who was elected to the bench “prior to his case.” See also Birt v. State, 256 Ga. 483, 485-486 (4) ( 350 SE2d 241 ) (1986).
discussed
Cited as authority (rule)
Heidt v. State
A judge from a neighboring judicial circuit heard the motion and denied it, and we find no error. 8 In order to require disqualification of a judge, an alleged bias “must stem from an extra-judicial source and result in an opinion on the merits on some basis other than what the judge learned from his participation in the case.” Birt v. State, 256 Ga. 483, 485 (4) ( 350 SE2d 241 ) (1986) (citations and punctuation omitted).
discussed
Cited as authority (rule)
Patel v. State
(2×)
However, “[i]n order to be disqualifying the alleged bias must stem from an extra-judicial source and result in an opinion on the merits on some basis other than what the judge learned from his participation in the case.” Birt v. State, 256 Ga. 483, 485 (4) ( 350 SE2d 241 ) (1986) (Citations and punctuation omitted.) The only bases for the motions to recuse were the judicial rulings issued in the related criminal matters; there were no assertions of bias stemming from an extrajudicial source.
discussed
Cited as authority (rule)
Propst v. Morgan
Massey Coal Co., _ U. S. __ (129 SC 2252, 2266, 173 LE2d 1208) (2009), by requiring disqualification, for example, where a judge’s bias is “ ‘of such a nature and intensity to prevent the defendant . .. from obtaining a (trial) uninfluenced by the court’s prejudgment.’ ” Birt v. State, 256 Ga. 483, 486 ( 350 SE2d 241 ) (1986) (citation omitted).
cited
Cited as authority (rule)
Morgan v. Propst
Gillis, supra at 120 (quoting Birt v. State, 256 Ga. 483, 486 (4) ( 350 SE2d 241 ) (1986)).
discussed
Cited as authority (rule)
Schlanger v. State
Bias requiring recusal “must stem from an extra-judicial source and result in an opinion on the merits on some basis other than what the judge learned from his participation in the case,” and must be “of such a nature and intensity to prevent the defendant from obtaining a trial uninfluenced by the court’s prejudgment.” Birt v. State, 256 Ga. 483, 485-486 (4) ( 350 SE2d 241 ) (1986).
discussed
Cited as authority (rule)
Wall v. Thurman
See also Meister v. Brock, 268 Ga. App. 849, 849-850 ( 602 SE2d 867 ) (2004) (a voluntary dismissal is not a “final disposition” within the meaning of OCGA § 9-15-14 (e)). 6 See Stevens v. Thomas, 257 Ga. 645, 648 ( 361 SE2d 800 ) (1987) (discipline of attorneys solely within the exclusive jurisdiction of this Court, with the sole exception being that trial courts have the power to disbar an attorney pursuant to Rule 8.4 (d) of Bar Rule 4-102 (d)). 7 Williams v. Cooper, 280 Ga. 145, 146-147 ( 625 SE2d 754 ) (2006). 8 See Press-Enterprise Co. v. Superior Court, 478 U. S. 1,6 (106 SC 2735, …
discussed
Cited as authority (rule)
Rice v. Cannon
When a motion, accompanied by an affidavit, seeking recusal or disqualification of a judge for bias is filed pursuant to USCR 25, the judge whose recusal is sought is required to temporarily cease to act upon the merits of the case, and “shall immediately determine the timeliness of the motion and the legal sufficiency of the affidavit, and make a determination, assuming any of the facts alleged in the affidavit to be true, whether recusal would be warranted.” (Citation, punctuation and emphasis omitted.) Birt v. State, 256 Ga. 483, 484 ( 350 SE2d 241 ) (1986).
cited
Cited as authority (rule)
In Re Longino
(Citations and punctuation omitted.) Birt v. State, 256 Ga. 483, 485-486 ( 350 SE2d 241 ) (1986).
discussed
Cited as authority (rule)
Kappelmeier v. Winegarden
“When a motion to recuse is [presented, the judge can rule on] the timeliness of the motion and the legal sufficiency of the affidavit,” Birt v. State, 256 Ga. 483, 484 (1) ( 350 SE2d 241 ) (1986), and, “it is as much the duty of a judge not to grant the motion to recuse when the motion is legally insufficient as it is to recuse when the motion is meritorious.” (Citation and punctuation omitted.) Henderson v. McVay, 269 Ga. 7, 9 (2) ( 494 SE2d 653 ) (1998).
discussed
Cited as authority (rule)
Johnson v. State
See OCGA§ 16-2-20 (b) (a person is involved in a crime’s commission if, among other things, she intentionally aids, abets, advises, encourages, hires, counsels, or procures another to commit the crime). 4 See OCGA§ 24-9-20 (b). 5 While the trial judge denied appellant’s motion in limine, he also noted that appellant was free to raise objections to purported character evidence during the course of trial. 6 OCGA § 17-8-57. 7 Id. 8 Miller v. State, 243 Ga. App. 764 ( 533 SE2d 787 ) (2000). 9 See Milhouse v. State, 254 Ga. 357, 359 ( 329 SE2d 490 ) (1985) (contentions that a trial judge’s…
cited
Cited as authority (rule)
In the Interest of J. E. T.
Birt v. State, 256 Ga. 483, 485 (3) ( 350 SE2d 241 ) (1986).
discussed
Cited as authority (rule)
In Re JET
Co. v. Lightsey, 198 Ga.App. 59, 60 (1), 400 S.E.2d 652 (1990). [3] Penland v. Corlew, 248 Ga.App. 564, 568 (2), 547 S.E.2d 306 (2001). [4] Henderson v. McVay, 269 Ga. 7, 9 (2), 494 S.E.2d 653 (1998). [5] Scott v. State, 232 Ga.App. 337, 340 (2), 501 S.E.2d 255 (1998). [6] In Titelman v. Stedman, 277 Ga. 460 , 591 S.E.2d 774 (2003), the Supreme Court held that the juvenile court judge could not deny the filing of appellant's petition for adjudication of deprivation without signing and filing with the clerk of the court a written order denying filing of the petition. [7] Birt v. State, 256 Ga. …
discussed
Cited as authority (rule)
Bailey v. State
“In order to be disqualifying the alleged bias must stem from an extrajudicial source and result in an opinion on the merits on some basis other than what the judge learned from his participation in the case.” (Punctuation omitted.) Birt v. State, 256 Ga. 483, 485 (4) ( 350 SE2d 241 ) (1986).
discussed
Cited as authority (rule)
Johnson v. State
S., 199 Ga. App. 481 ( 405 SE2d 323 ) (1991). 8 Ahmadi v. State, 251 Ga. App. 189, 190 ( 554 SE2d 215 ) (2001). 9 Dunn v. State, 242 Ga. App. 525, 528 ( 530 SE2d 236 ) (2000). 10 Wright v. State, 232 Ga. App. 646, 647 ( 502 SE2d 756 ) (1998). 11 Reeves v. State, 233 Ga. App. 802, 805 (2) ( 505 SE2d 540 ) (1998). 12 Cherry v. State, 178 Ga. App. 483, 485 ( 343 SE2d 510 ) (1986). 13 Chapman v. State, 273 Ga. 348, 350 ( 541 SE2d 634 ) (2001). 14 Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). 15 Baitey v. State, 275 Ga. 681, 683 (2) ( 571 SE2d 733 ) (2002). 16 Goodwin v…
discussed
Cited as authority (rule)
Brewer v. Waldroup
When a motion to recuse is presented, the judge can rule on the timeliness of the motion and the legal sufficiency of the affidavit, Birt v. State, 256 Ga. 483, 484 (1) ( 350 SE2d 241 ) (1986), and “[i]t is as much the duty of a judge not to grant the motion to recuse when the motion is legally insufficient as it is to recuse when the motion is meritorious.” (Citation and punctuation omitted.) Henderson v. McVay, 269 Ga. 7, 9 (2) ( 494 SE2d 653 ) (1998).
cited
Cited as authority (rule)
State v. Smith
“However, it is an elementary rule of pleading that substance, *15 not mere nomenclature, controls.” Birt v. State, 256 Ga. 483, 485 (3) ( 350 SE2d 241 ) (1986).
cited
Cited as authority (rule)
Ware v. Henry County Water & Sewerage Authority
Birt v. State, 256 Ga. 483, 486 (4) ( 350 SE2d 241 ) (1986).” (Punctuation omitted.) Larsen v. State, 253 Ga. App. 196, 198 (2) ( 558 SE2d 418 ) (2001).
discussed
Cited as authority (rule)
Larsen v. State
“The alleged bias of the judge [which would warrant a recusal] must be of such a nature and intensity to prevent the defendant from obtaining a trial uninfluenced by the court’s prejudgment.” (Citation and punctuation omitted.) Birt v. State, 256 Ga. 483, 486 (4) ( 350 SE2d 241 ) (1986).
discussed
Cited as authority (rule)
Johnson v. State
C., 188 Ga. App. 849, 850 ( 374 SE2d 754 ) (1988). 5 Ellis v. State, 235 Ga. App. 837, 838 (4) ( 510 SE2d 127 ) (1998). 6 Birt v. State, 256 Ga. 483, 486-487 (4) ( 350 SE2d 241 ) (1986). 7 257 Ga. 32, 35 (2) (b) ( 354 SE2d 429 ) (1987). 8 Harris v. State, 202 Ga. App. 618, 623 (7) ( 414 SE2d 919 ) (1992). 9 Rucker v. State, 268 Ga. 406, 407 (2) ( 489 SE2d 844 ) (1997). 10 Brewer v. State, 224 Ga. App. 656, 657-658 (2) ( 481 SE2d 608 ) (1997). 11 See Johnson v. State, 266 Ga. 380, 383 (2) ( 467 SE2d 542 ) (1996). 12 Gary v. State, 244 Ga. App. 577, 578 ( 536 SE2d 220 ) (2000); see Williams v. D…
examined
Cited as authority (rule)
Gillis v. City of Waycross
(4×)
(Citations and punctuation omitted.) Birt v. State, 256 Ga. 483, 486 (4), 350 S.E.2d 241 (1986). "[T]he alleged bias must stem from an extra-judicial source and result in an opinion on the merits on some basis other than what the judge learned from his participation in the case." (Punctuation omitted.) Id. at 485 (4), 350 S.E.2d 241 .
discussed
Cited as authority (rule)
Vaughn v. State
(2×)
Alleged bias requiring recusal "must stem from an extra-judicial source and result in an opinion on the merits on some basis other than what the judge learned from *432 his participation in the case." (Citations and punctuation omitted.) Birt v. State, 256 Ga. 483, 485 (4), 350 S.E.2d 241 (1986).
discussed
Cited as authority (rule)
Christensen v. State
"Georgia law has never required proof of unavailability of the declarant to admit res gestae. [Cit.]" (Punctuation omitted.) Stovall v. State, 216 Ga.App. 138 (1), 453 S.E.2d 110 (1995). [19] Rayburn v. State, 194 Ga.App. 676, 677-678 (4), 391 S.E.2d 780 (1990). [20] Huzzie v. State, 236 Ga.App. 192, 197 (6), 512 S.E.2d 5 (1999). [21] Lawson v. State, 224 Ga.App. 645, 649 (4), 481 S.E.2d 856 (1997). [22] Compare Jackson v. State, 237 Ga.App. 746, 747 , 516 S.E.2d 792 (1999). [23] Wainwright v. State, 197 Ga.App. 43, 44-45 (2), 397 S.E.2d 456 (1990). [24] State v. Fleming, 245 Ga. 700 , 267 S.E…
discussed
Cited as authority (rule)
Dickerson v. State
(2×)
(Punctuation and emphasis omitted.) Birt v. State, 256 Ga. 483, 484 (1) ( 350 SE2d 241 ) (1986).
discussed
Cited as authority (rule)
Henderson v. McVay
Wills § 318 (1957) (refusal of probate in common form does not prevent subsequent presentation of instrument for probate in solemn form). 12 Birt v. State, 256 Ga. 483, 484 ( 350 SE2d 241 ) (1986); Unif.
discussed
Cited as authority (rule)
In Re Phillips
The fact that his impartiality might reasonably be questioned suffices for his disqualification.” (Citations and punctuation omitted; emphasis in original.) Birt v. State, 256 Ga. 483, 485-486 ( 350 SE2d 241 ) (1986).
discussed
Cited as authority (rule)
Bevil v. State
The alleged bias of the judge must be of such a nature and intensity to prevent the defendant from obtaining a trial uninfluenced by the court’s prejudgment.” (Citations and punctuation omitted.) Birt v. State, 256 Ga. 483, 485-486 ( 350 SE2d 241 ) (1986).
cited
Cited as authority (rule)
Wellons v. State
Birt v. State, 256 Ga. 483, 485-486 ( 350 SE2d 241 ) (1986).
discussed
Cited as authority (rule)
Edmonds v. State
However, failure to respond with these specific objections will not always result in a waiver. “[I]t is an elementary rule of pleading that substance, not mere nomenclature, controls. [Cits.]” Birt v. State, 256 Ga. 483, 484 (3), 485 ( 350 SE2d 241 ).
cited
Cited as authority (rule)
In the Interest of JO
Birt v. State, 256 Ga. 483, 485 (3) ( 350 SE2d 241 ) (1986).
discussed
Cited as authority (rule)
Stevens v. Myers
Accordingly, appellee’s motion to dismiss this appeal is denied. 2. “ ‘In order to be disqualifying the alleged bias “must stem from an extra-judicial source and result in an opinion on the merits on some basis other than what the judge learned from his participation in the case.” ’ [Cits.] The alleged bias of the judge must be ‘ “of such a nature and intensity to prevent the [party] . . . from obtaining a (trial) uninfluenced by the court’s prejudgment.” [Cit.] To warrant disqualification of a trial judge the affidavit supporting the recusal motion “must give fair suppor…
discussed
Cited "see"
TIM SUNDY v. FRIENDSHIP PAVILION ACQUISITIONS CO., LLC
See Burt v. State, 256 Ga. 483 , 485 (4) ( 350 SE2d 241 ) (1986) (“In order to be disqualifying the alleged bias must stem from an extra-judicial source and result in an opinion on the merits on some basis other than what the judge learned from his participation in the case.”) (citation and punctuation omitted).
discussed
Cited "see"
Forehand v. State
(2×)
See Smith v. State, 256 Ga. 483 ( 351 SE2d 641 ) (1986); Gibbs v. State, 213 Ga. App. 117, 118 (1) ( 443 SE2d 708 ) (1994). (b) , (c) At the conclusion of the first hearing on the motions for new trial, and in response to a direct inquiry from the court, Forehand avowed that he had no further arguments to make concerning ineffective assistance of counsel.
examined
Cited "see"
Phillips v. State
(3×)
See Birt v. State, 256 Ga. 483 ( 350 SE2d 241 ) (1986). 19 Birt, 256 Ga. at 485-486 , quoting United States v. Grinnell Corp., 384 U. S. 563, 583 (86 SC 1698, 16 LE2d 778) (1966).
discussed
Cited "see"
Thomas v. State
(2×)
Accord Hudson v. State, 218 Ga. App. 671, 673 (1) (b) ( 462 SE2d 775 ) (1995). 7 Smith v. State, 256 Ga. 483 ( 351 SE2d 641 ) (1986).
cited
Cited "see"
DeKalb County v. Adams
See generally Birt v. State, 256 Ga. 483 ( 350 SE2d 241 ) (1986).
discussed
Cited "see"
Knight v. State
(2×)
Sheppard, Assistant District Attorney, for appellee. 1 OCGA § 16-13-31 (a) (1). 2 (Citations and punctuation omitted.) Harrison v. State, 259 Ga. 486, 488 (1) ( 384 SE2d 643 ) (1989). 3 See Sharpe v. State, 213 Ga. App. 280, 282 (1) ( 444 SE2d 600 ) (1994) and cits. 4 See id. and cits.; compare Reid v. State, 212 Ga. App. 787 ( 442 SE2d 852 ) (1994). 5 See Bentley v. State, 214 Ga. App. 580, 582 (2) ( 448 SE2d 479 ) (1994). 6 (Citations and punctuation omitted.) VonLinsowe v. State, 213 Ga. App. 619, 621 (1) ( 445 SE2d 371 ) (1994); see Thomas v. State, 231 Ga. App. 173 ( 498 SE2d 760 ) (1998…
cited
Cited "see"
Matter of Inquiry Concerning a Judge No. 97-61
See Birt v. State, 256 Ga. 483, 485 (4) ( 350 SE2d 241 ) (1986); King v. State, 246 Ga. 386, 390 (7) ( 271 SE2d 630 ) (1980).
cited
Cited "see"
Baptiste v. State
Id.; accord Birt v. State, 256 Ga. 483, 486 ( 350 SE2d 241 ) (1986).
cited
Cited "see"
Berry v. State
See Birt v. State, 256 Ga. 483, 485 (4) ( 350 SE2d 241 ) (1986); Jones v. State, 247 Ga. 268, 271 (4) ( 275 SE2d 67 ) (1981). 4.
discussed
Cited "see"
Department of Transportation v. City of Atlanta
(2×)
See Birt v. State, 256 Ga. 483, 485-486 (4) ( 350 SE2d 241 ) (1986); Jones v. State, 247 Ga. 268, 271 (4) ( 275 SE2d 67 ) (1981).
cited
Cited "see"
Patterson v. Butler
See Birt v. State, 256 Ga. 483 (4) ( 350 SE2d 241 ) (1986); Moon v. State, 154 Ga. App. 312 (4) ( 268 SE2d 366 ) (1980).
cited
Cited "see"
Sweatman v. State
See generally Birt v. State, 256 Ga. 483 (3) ( 350 SE2d 241 ) (1986).
Smith
v.
the State
v.
the State
43876.
Supreme Court of Georgia.
Nov 25, 1986.
Brown, Katz, Flatau & Hasty, Sandra J. Popson, for appellant., Willis B. Sparks III, District Attorney, Wayne G. Tillis, Assistant District Attorney, Michael J. Bowers, Attorney General, Dennis R. Dunn, Assistant Attorney General, for appellee.
Weltner.
Cited by 49 opinions | Published
Johnny Smith was convicted and sentenced to life imprisonment for his participation in a murder and armed robbery. His conviction was affirmed by this court. Smith v. State, 255 Ga. 654 (341 SE2d 5) (1986). In his appeal Smith raised for the first time the contention that he had been denied effective assistance of counsel. We remanded to the trial court for a determination of that issue. The trial court held a hearing, made findings of fact, and entered an order holding that Smith had not been denied effective assistance of counsel. We have reviewed the record, and because the findings of the trial court are not shown to be clearly erroneous, we affirm. Crawford v. State, 245 Ga. 89 (2) (263 SE2d 131) (1980).
Judgment affirmed.