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Supreme Court of Georgia· 10/9/2018

State v. Almanza

Citations

  • 820 S.E.2d 1
  • 304 Ga. 553

How courts have described this case

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

  • concluding that if a rule under the new Evidence Code “materially mirrors” a Federal Rule of Evidence, “we look to federal appellate precedent until a 15 Georgia appellate court decides the issue under the new Code”
  • holding that, where a new Georgia evidence rule mirrors a federal evidence rule, “we look to federal appellate precedent until a Georgia appellate court decides the issue 16 under the new Code,” even where the old Georgia rule also mirrored the federal rule
  • noting that “although Advisory Committee Notes [to the Federal Rules of Evidence] are not binding precedent and cannot change the plain meaning of the law or rules, they are highly persuasive (unlike ordinary legislative history)”
  • explaining circumstances in which Georgia courts consider federal case law construing Federal Rules of Evidence in considering the meaning of our current Evidence Code
  • explaining that Georgia Rule 408 follows the federal rule
  • explaining that when a rule in our current Evidence Code is materially identical to a Federal Rule of Evidence and there are conflicts “‘among the decisions of the various circuit courts of appeal in interpreting the federal rules of evidence,’ the precedent of the Eleventh Circuit prevails”

Source: CourtListener parenthetical corpus (CC0).

Judges: Peterson

Read full opinion on CourtListener

Cited by

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

Cites

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

Other cases named State v. Almanza

6 other CourtListener records share this case 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.