262 Ga. App. 492 - Thomas v. State’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In determining the sufficiency of the circumstantial evidence to support a conviction of cruelty to a child (or to withstand a motion for a new trial), the trial court as well as this [C]ourt will apply a “reasonable hypothesis rule.” This is to say that a conviction based solely upon circumstantial evidence must be supported by facts which not only are consistent with guilt of the accused, but should exclude every reasonable hypothesis save that of the guilt of the accused. This does not mean that the state must exclude every possible hypothesis showing innocence, but any reasonable hypothesis showing innocence. The yardstick by which we determine what in a given case is a reasonable hypothesis is in the first instance a question for the jury. Thus, except where the guilty verdict is unsupportable as a matter of law, this [C] ourt will not substitute its judgment as to what is a reasonable hypothesis for that of the jury or the trial court.”

   1 later decision quote this exact passage
   e.g. 273 Ga. App. 430 - Hood v. State

2. “[A] statement is not inadmissible simply because an interviewing officer harbors a “secret intention of charging the suspect at a future time.” (Footnote omitted.) Taylor v. State, 259 Ga. App. 457, 459 ( 576 SE2d 916 ) (2003). Instead, although a court must examine all circumstances surrounding the interrogation in deciding whether a suspect is in custody for Miranda purposes, “the ultimate inquiry is whether there was a formal arrest or restraint on freedom of movement of the degree associated with a formal arrest.” (Footnote omitted.) Id.”

   1 later decision quote this exact passage
   e.g. 267 Ga. App. 236 - Alwin v. State