Phelps v. State

How courts have described this case

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

• reversing conviction of burglary with intent to commit rape where court failed to charge the jury on the underlying offense of rape
• substantial errors in charge on essential elements “are usually harmful as a matter of law so as to invoke OCGA § 5-5-24 (c)”
• \[s]ubstantial errors in the charge on the essential elements are usually harmful as a matter of law so as to invoke OCGA § 5-5-24 (c). [Cit.]\
• “ [substantial errors in the charge on the essential elements are usually harmful as a matter of law so as to invoke OCGA § 5-5-24 (c). [Cit.]”
• the defendant was charged with burglary with intent to commit rape, and the trial court failed to define the crime of rape in its charge to the jury and made gratuitous references to irrelevant matters
• the defendant was charged with burglary with intent to commit rape, and the trial court failed to define the crime of rape in its charge to the jury and made gratuitous references to irrelevant matters

Source: CourtListener parenthetical corpus (CC0).

Cited by

16 cases in this archive cite this case.

• McGee v. State
  Court of Appeals of Georgia· 1992-09-08· cited 34×
• Jackson v. State
  Court of Appeals of Georgia· 1992-09-21· cited 21×
• Shaver v. State
  Court of Appeals of Georgia· 1991-03-15· cited 19×
• Ancrum v. State
  Court of Appeals of Georgia· 1990-11-30· cited 16×
• State v. Sears
  Court of Appeals of Georgia· 1991-12-02· cited 15×
• Roura v. State
  Court of Appeals of Georgia· 1994-06-23· cited 15×
• Bowman v. State
  Court of Appeals of Georgia· 1996-09-05· cited 12×
• Hunter v. State
  Court of Appeals of Georgia· 1997-10-20· cited 10×
• Lawyers Title Insurance v. New Freedom Mortgage Corp.
  Court of Appeals of Georgia· 2007-11-29· cited 8×
• Essuon v. State
  Court of Appeals of Georgia· 2007-07-30· cited 8×
• Moore v. State
  Court of Appeals of Georgia· 1998-11-09· cited 6×
• Hubbard v. State
  Court of Appeals of Georgia· 1996-03-14· cited 6×
• Kelley v. State
  Court of Appeals of Georgia· 1991-09-03· cited 6×
• Brown v. State
  Court of Appeals of Georgia· 2000-03-17· cited 5×
• Steele v. State
  Court of Appeals of Georgia· 2005-09-28· cited 3×
• Lawyers Title Insurance v. New Freedom Mortgage Corp.
  Court of Appeals of Georgia· 2007-11-09· cited 2×

Cites

7 cases in this archive are cited by this case.

• Foskey v. Foskey
  Supreme Court of Georgia· 1988-01-14· cited 72×
• Gaines v. State
  Court of Appeals of Georgia· 1986-02-05· cited 29×
• Turner v. State
  Court of Appeals of Georgia· 1986-05-02· cited 22×
• Christopher v. State
  Court of Appeals of Georgia· 1989-02-21· cited 20×
• Barnett v. State
  Court of Appeals of Georgia· 1986-04-07· cited 19×
• Laney v. State
  Court of Appeals of Georgia· 1987-09-22· cited 14×
• Williams v. State
  Court of Appeals of Georgia· 1966-01-18· cited 4×