233 Ga. App. 838 - Gibson v. State’s Empirical Analysis
1998
Citation profile
15 state decisions
How this case has been cited
Cited by 15 later decisions — most recently March 2010
15 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.
Relationships
Relies on Johnson v. State · Roberts v. State · Ortiz v. State · 166 Ga. App. 662 - Helton v. State · Sims v. State
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“For a kidnapping conviction, the State must prove an unlawful asportation of a person against his will. The determinative factor with regard to the element of asportation is whether appellant even momentarily caused the victims, without lawful authority or warrant, through intimidation and coercion, to engage in actions (including moving from one place to another) against their wills. 4”
2 later decisions quote this exact passage“[E]ven if the testimony were improper, the trial court did not err in denying the motion for mistrial and giving curative instructions. Whether to grant a mistrial based on improper character evidence is within the discretion of the trial judge. In reviewing the trial court’s decision, an appellate court may consider the nature of the statement, the other evidence in the case, and the court’s and counsel’s action in dealing with the impropriety. ... In light of the overwhelming nature and sheer volume of the evidence against [Sweeder], it is extremely doubtful that a single reference to [Sweeder’s incarceration] would have materially influenced the jury’s decision whether to acquit or convict. Accordingly, we cannot say that the trial judge’s decision to deny a mistrial and instead issue curative instructions was an abuse of discretion.”
1 later decision quote this exact passage“A person commits the offense of kidnapping when such person abducts or steals away another person without lawful authority or warrant and holds such other person against his or her will.”
1 later decision quote this exact passagee.g. In Re Ds
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.