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Simmons v. State

Citations

  • 291 Ga. 705
  • 733 S.E.2d 280
  • 2012 Fulton County D. Rep. 3167
  • 2012 WL 4856997
  • 2012 Ga. LEXIS 775

How courts have described this case

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

  • explaining that OCGA § 17-8- 11 57 “‘is violated only when the trial court’s instruction, considered as a whole, assumes certain things as facts and intimates to the jury what the judge believes the evidence to be’” (citation omitted)
  • explaining that “[wjhether the evidence excluded every other reasonable hypothesis but that of guilt is a question for the jury” and an appellate court “will not disturb the jury’s verdict unless it is insupportable as a matter of law” (citation omitted)
  • placing the burden on the State to show its opening remarks were made in good faith
  • explaining that OCGA § 17-8-57 “ ‘is violated only when the trial court’s instruction, considered as a whole, assumes certain things as facts and intimates to the jury what the judge believes the evidence to be’ ” (citation and punctuation omitted)
  • explaining that “[w]hether the evidence excluded every other reasonable hypothesis but that of guilt is a question for the jury” and an appellate court “will not disturb the jury’s verdict unless it is insupportable as a matter of law” (citation omitted)
  • addressing photographs taken during the use of medical instruments such as forceps

Source: CourtListener parenthetical corpus (CC0).

Judges: Hunstein

Read full opinion on CourtListener

Cited by

45 cases in this archive cite this case; the 20 most cited are listed.

Cites

22 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

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