Skip to main content

Gresham v. State

Citations

  • 635 S.E.2d 316
  • 281 Ga. App. 116
  • 2006 Fulton County D. Rep. 2517
  • 2006 Ga. App. LEXIS 924

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that failure to exercise discretion based on mistaken belief that no discretion exists can constitute abuse of discretion
  • holding an abuse of discretion occurred when the court failed to exercise discretion as to admission of evidence based on an erroneous finding that a non-applicable statute prohibited said admission
  • conviction reversed where application of rape shield statute in child molestation case precluded admission of any evidence of child’s prior sexual history
  • “[I]n order for an error to be grounds for reversal, the appellant must show not only error but ensuing harm.” (punctuation omitted)
  • “On appeal from a criminal conviction, the evidence must be construed in a light most favorable to the verdict, and [the defendant] no longer enjoys a presumption of innocence.” (punctuation omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Blackburn, Mikell, Adams

Read full opinion on CourtListener

Cited by

10 cases in this archive cite this case.

Cites

14 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.