240 Ga. App. 280 - Abney v. State’s Empirical Analysis

Citation profile

25 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We no longer adhere to an overly technical application of the fatal variance rule, focusing instead on materiality. The true inquiry, therefore, is not whether there has been a variance in proof, but whether there has been such a variance as to affect the substantial rights of the accused. It is the underlying reasons for the rule which must be served: 1) the allegations must definitely inform the accused as to the charges against him as to enable him to present his defense and not to be taken by surprise, and 2) the allegations must be adequate to protect the accused against another prosecution for the same offense. (Cit.) Only if the allegations fail to meet these tests is the variance “fatal.” (Punctuation and footnotes omitted.) Turner v. State, 231 Ga. App. 747 -748 (1) ( 500 SE2d 628 ) (1998).”

   1 later decision quote this exact passage
   e.g. 265 Ga. App. 122 - Flanagan v. State

2. “`Without authority' is defined as without legal right or privilege or without permission of a person legally entitled to withhold the right.”

   1 later decision quote this exact passage
   e.g. In Re Sk

3. “mislead [defendant] in such a manner that impeded his ability to present a defense or surprise him at trial”

   1 later decision quote this exact passage
   e.g. 265 Ga. App. 381 - In Re Mm