261 Ga. App. 716 - Anderson v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We must seek to effectuate the intent of the legislature, OCGA § 1-3-1 (a), and to give each part of the statute meaning and avoid constructions that make some language mere surplusage. All parts of a statute should be harmonized and given sensible and intelligent effect, because it is not presumed that the legislature intended to enact meaningless language.”

   2 later decisions quote this exact passage
   e.g. 299 Ga. App. 356 - Jackson v. State · 286 Ga. App. 616 - Gillen v. State

2. ““If the plain language of the statute is susceptible of only one meaning, courts must follow that meaning unless to do so would produce contradiction or absurdity.” Sizemore v. State, 262 Ga. 214, 216 ( 416 SE2d 500 ) (1992). OCGA § 17-10-3 expressly mentions OCGA § 42-8-35.4. Under its plain language, any misdemeanor sentence imposing a term in a probation detention center must be governed by OCGA § 42-8-35.4. The legislature could have provided simply that all misdemeanors may be punished by confinement in such centers. Instead, it chose to word the amendment so that it provides that misdemeanors may be punished by confinement in state probation detention centers “pursuant to Code Sections 42-8-35.4 and 42-8-35.5.” We cannot render that language meaningless.”

   1 later decision quote this exact passage
   e.g. Wilson v. Windsor

3. “(a) Except as otherwise provided by law, every crime declared to be a misdemeanor shall be punished as follows: . . . (2) By confinement under the jurisdiction of the Board of Corrections in a state probation detention center or diversion center pursuant to Code Sections 42-8-35.4 and 42-8-35.5 for a determinate term of months which shall not exceed a total term of 12 months.”

   1 later decision quote this exact passage
   e.g. Wilson v. Windsor