Defusco v. Free’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]n Georgia the injection into a case of testimony pertaining to liability insurance does not automatically require a grant of a motion for a mistrial. It is only where the testimony is so obviously prejudicial in its nature that its adverse effect cannot be eradicated from the minds of the jury or its consequences avoided by proper cautionary instructions from the court, that a mistrial should be granted. The determination as to whether these harmful factors are present in a case necessarily rests in the discretion of the trial judge. Appellate courts should never interfere with the exercise of that discretion unless it is made to appear that wrong or oppression has resulted from its abuse. This principle is historically respected in this jurisdiction.”

   1 later decision quote this exact passage
   e.g. 307 Ga. App. 841 - Park v. Nichols

2. “suffered wrong or oppression as a result of the trial court's exercise of discretion, which is what we must conclude in order to interfere with that discretion.”

   1 later decision quote this exact passage
   e.g. 347 Ga. App. 410 - Southwestern Emergency Physicians, P.C. v. Douglas L. Quinney