green
Positive treatment
Quoted verbatim 1×
28.6 score
“house under construction which is so far completed as to be capable of providing shelter to people, animals, or property constitutes a building under (the burglary) statute”
Treatment trajectory · 2009 → 2026 · click a year to view as-of
2009
2017
2026
Top citers, strongest first. 10 distinct citers.
examined
Cited as authority (quoted)
Davis v. State
(4×)
also: Cited as authority (rule), Cited "see, e.g."
house under construction which is so far completed as to be capable of providing shelter to people, animals, or property constitutes a building under (the burglary) statute
discussed
Cited as authority (rule)
Perkins v. State
(2×)
But none of those cases are availing: one rejected a similar argument, see Edward v. State, 261 Ga. App. 57, 58 (581 SE2d 691) (2003); one held that a house under construction satisfied the requirements of the burglary statute, see Sanders v. State, 293 Ga. App. 534, 537 (667 SE2d 396) (2008); and another held that a house that was occasionally occupied by the victim constituted his “dwelling house,” see Earnest v. State, 216 Ga. App. 271, 271 (543 SE2d 818) (1995). 20 and killed Menefee, and because there was “no evidence that Glover refused to open the door or first asked the men to re…
discussed
Cited as authority (rule)
Dillard v. State
Moore v. State, 280 Ga. App. 894, 898 (6) (c) ( 635 SE2d 253 ) (2006) (charge not required where evidence showed defendant was present either for a lawful purpose or with intent to commit theft); Sanders v. State, 293 Ga. App. 534, 536 (2) (a) ( 667 SE2d 396 ) (2008) (charge not required where evidence showed defendant was present either to perform electrical repairs or with intent to commit theft or felony).
discussed
Cited as authority (rule)
Leroy Dillard v. State
Moore v. State, 280 Ga. App. 894, 898 (6) (c) ( 635 SE2d 253 ) (2006) (charge not required where evidence showed defendant was present either for a lawful purpose or with intent to commit theft); Sanders v. State, 293 Ga. App. 534, 536 (2) (a) ( 667 SE2d 396 ) (2008).(charge not required where evidence showed defendant was present either to perform electrical repairs or with intent to commit theft or felony).
discussed
Cited as authority (rule)
Anthony v. State
(2×)
also: Cited "see"
See Reidling v. State, 309 Ga. App. 719, 720 (2) ( 710 SE2d 903 ) (2011); Sanders, 293 Ga. App. at 536 (2) (a); Moore v. State, 280 Ga. App. 894, 898 (6) (c) ( 635 SE2d 253 ) (2006).
discussed
Cited as authority (rule)
Jesse Anthony v. State
(2×)
also: Cited "see"
See Reidling v. State, 309 Ga. App. 719, 720 (2) ( 710 SE2d 903 ) (2011); Sanders, 293 Ga. App. at 536 (2) (a); Moore v. State, 280 Ga. App. 894, 898 (6) (c) ( 635 SE2d 253 ) (2006).
discussed
Cited as authority (rule)
Woods v. State
“Where . . . the evidence shows either the commission of the completed offense as charged, or the commission of no offense, the trial court is not required to charge the jury on a lesser included offense.” (Punctuation and footnote omitted.) Sanders v. State, 293 Ga. App. 534, 536 (2) (a) ( 667 SE2d 396 ) (2008).
discussed
Cited as authority (rule)
Waldrop v. State
Compare Johnson v. State, 164 Ga. App. 429, 429-430 (1) ( 296 SE2d 775 ) (1982) (charge not required where the theft is established but defendants deny having been on the premises); Moore v. State, 280 Ga. App. 894, 898 (6) (c) ( 635 SE2d 253 ) (2006) (charge not required where defendant testified to being present for a lawful purpose and state’s evidence showed intent to commit theft); Adams v. State, 284 Ga. App. 534, 541 (4) ( 644 SE2d 426 ) (2007) (charge not required where defendant denied having entered the burglarized premises); Sanders, 293 Ga. App. at 536 (2) (a) (charge not require…
cited
Cited as authority (rule)
Williams v. State
See Bell v. State, 278 Ga. 69, 73 (6) ( 597 SE2d 350 ) (2004); Sanders v. State, 293 Ga. App. 534, 539-540 (3) ( 667 SE2d 396 ) (2008).
discussed
Cited "see, e.g."
Carmichael v. State
See also Sanders v. State, 293 Ga. App. 534, 539-540 (3) ( 667 SE2d 396 ) (2008) (defense counsel’s failure to take photographs of the home at the time of the alleged crimes did not constitute ineffective assistance because the photographs would have been cumulative of witness testimony concerning the home).
Athens Newspapers, LLC
v.
Unified Government of Athens-Clarke County
v.
Unified Government of Athens-Clarke County
A06A1786.
Court of Appeals of Georgia.
Sep 15, 2008.
Hull, Towill, Norman, Barrett & Salley, David E. Hudson, Davis Dunaway, for appellant., William C. Berryman, Jr., for appellee.
Ellington, Johnson, Miller.
Published
Citer courts: Court of Appeals of Georgia (1)
In Unified Govt. of Athens-Clarke County v. Athens Newspapers, 284 Ga. 192 (663 SE2d 248) (2008), the Supreme Court of Georgia reversed Division 1 of this Court’s opinion in Athens Newspapers v. Unified Govt. of Athens-Clarke County, 284 Ga. App. 465 (643 SE2d 774) (2007). Therefore, we vacate Division 1 of our earlier opinion and adopt the opinion of the Supreme Court as our own in its place. Our opinion in all other respects remains undisturbed.
Judgment affirmed in part and reversed in part.