296 Ga. App. 792 - Gardner 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. “A trial judge may propound questions to a witness to develop the truth of the case, to clarify testimony, to comment on pertinent evidentiary rules and to exercise its discretion when controlling the conduct of counsel or witnesses in order to enforce its duty to ensure a fair trial to both sides. Dickens v. State, 280 Ga. 320, 324 (3) ( 627 SE2d 587 ) (2006). A trial court may not, however, express or intimate an opinion as to what had or had not been proved including, in this instance, venue.”

   1 later decision quote this exact passage
   e.g. 297 Ga. App. 733 - Anderson v. State

2. “It is error for any judge in any criminal case, during its progress or in his charge to the jury, to express or intimate his opinion as to what has or has not been proved or as to the guilt of the accused. Should any judge violate this Code section, the violation shall be held by the Supreme Court or Court of Appeals to be error and the decision in the case reversed, and a new trial granted in the court below with such directions as the Supreme Court or Court of Appeals may lawfully give.”

   1 later decision quote this exact passage
   e.g. 297 Ga. App. 733 - Anderson v. State

3. “State: That’s all we have, Judge. The Court: Prove venue. Did you prove venue? State: I have not as of yet. The Court: Why don’t we go ahead and do that before we forget it.”

   1 later decision quote this exact passage
   e.g. 297 Ga. App. 733 - Anderson v. State