269 Ga. App. 284 - Lanier v. State’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[i]t is up to the trial court to decide whether a mistrial must be granted as the only corrective measure or whether the prejudicial effect can be corrected by withdrawing the testimony from the consideration of the jury under proper instructions. Whether to grant a motion for mistrial lies largely within the trial court’s discretion, especially if the motion is triggered by a witness’s remark that was not invited by the court or opposing counsel. If the trial court properly instructs the jury and the remark is not so prejudicial that it violates the defendant’s right to a fair trial, we will not reverse the court’s decision. Additionally, mere mention that a defendant has been in jail falls short of placing his character at issue.”

   1 later decision quote this exact passage
   e.g. Baughcum v. State

2. “The standard of review for the denial of a motion for a directed verdict of acquittal is the same as that for determining the sufficiency of the evidence to support a conviction. On appeal, we view the evidence in the light most favorable to the jury’s verdict, and the defendant no longer enjoys the presumption of innocence. This Court does not weigh the evidence or determine witness credibility, but only determines if the evidence was sufficient for a rational trier of fact to find [James] guilty of the charged offense beyond a reasonable doubt. Jackson v. Virginia. 3”

   1 later decision quote this exact passage
   e.g. 274 Ga. App. 498 - James v. State