Thayer v. State

Decided November 1, 1988

Court of Appeals of Georgia · decided 1988-11-01

Key passage — most relied on by later courts

“[a] decision by a federal circuit court is not binding but may be persuasive; however, it has no efficacy if it contravenes our appellate decisions.”

quoted by 1 later decision, including 198 Ga. App. 67 - Slater v. Brigadier Homes, Inc.

Relies on 143 Ga. App. 779 - Whitfield v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1988-11-01

How this case has been cited

Cited by 14 later decisions — most recently July 2008

14 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1On Motion for Rehearing.

¶2Movants have cited no new authority and furnish no new basis *327for overturning our decision. With regard to the contention that we overlooked two cases previously cited in briefs to this court, the following observations are pertinent. A decision by a federal circuit court is not binding but may be persuasive; however, it has no efficacy if it contravenes our appellate decisions. Concerning Whitfield v. State, 143 Ga. App. 779 (240 SE2d 189) (1977), insofar as it conflicts with decisions of the Georgia Supreme Court it must yield to them. 1983 Ga. Const., Art. VI, Sec. VI, Par. VI.

Decided November 1, 1988 —Rehearing denied November 18, 1988Janet G. Scott, Michelle G. Lundy, for appellants.Johnnie L. Caldwell, Jr., District Attorney, J. David Fowler, Assistant District Attorney, for appellee.

¶3Motion for rehearing denied.