159 Ga. App. 892 - Bearden v. State’s Empirical Analysis

Citation profile

31 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The Supreme Court has repeatedly held references should not be made to the reviewing courts by court or counsel except to cite their decisions. [Cits.]” [Cit.] However, not every reference to the appellate courts during trial is reversible error. [Cits.] The references here to the curative powers of the appellate courts must be considered in the context of juror orientation of the judicial system and how it functions. Juror orientation is recommended by the American Bar Association but only by use of a juror handbook — thus avoiding the pitfalls encountered in the instant case. [Cit.] Where, as here, this form of orientation occurred before any evidence was introduced, did not convey or intimate any opinion of the trial judge ([cit.]), nor lessen the sense of responsibility of the jurors ([cit.]), we find such abstract references to the appellate courts not to require reversal. [Cit.]”

   1 later decision quote this exact passage
   e.g. State v. Clements

2. “The trial court's determination of competency will not be disturbed absent abuse of discretion.”

   1 later decision quote this exact passage
   e.g. 173 Ga. App. 907 - Barnes v. State