Supreme Court of Georgia· 4/15/2002
State v. Thomas
Citations
- 562 S.E.2d 501
- 275 Ga. 167
- 2002 Fulton County D. Rep. 1163
- 2002 Ga. LEXIS 320
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that “[a] trial court’s findings of fact will not be deemed to be clearly erroneous if there is any evidence to support them” and holding that “the trial court’s findings were authorized by the evidence in the record and are not clearly erroneous”
- where prosecutor stood to gain by aborting trial because expert’s testimony favorable to defendant, record established prosecutor intended to goad defendant into moving for mistrial; double jeopardy bars retrial
- double jeopardy principles barred retrial where “the prosecutor did not seek curative instructions, or assert that the trial should continue[.]”
- the trial court’s personal knowledge of the prosecutor’s integrity is relevant but not controlling
- although trial court’s personal knowledge of the prosecutor caused it to believe him, the trial court nevertheless specifically found, based on the objective facts and circumstances, that the prosecutor intended to goad the defendant into moving for a mistrial
- although trial court's personal knowledge of the prosecutor caused it to believe him, the trial court nevertheless specifically found, based on the objective facts and circumstances, that the prosecutor intended to goad the defendant into moving for a mistrial
Source: CourtListener parenthetical corpus (CC0).
Judges: Carley, Hunstein, Thompson
Read full opinion on CourtListenerCited by
26 cases in this archive cite this case; the 20 most cited are listed.
- Ex Parte LewisCourt of Criminal Appeals of Texas· 2007-01-10· cited 491×
- State v. MillerSupreme Court of Kansas· 2011-10-28· cited 75×
- State v. MortonSupreme Court of Kansas· 2007-03-16· cited 52×
- Silva v. StateSupreme Court of Georgia· 2004-10-12· cited 39×
- Whatley v. StateCourt of Appeals of Georgia· 2014-03-10· cited 24×
- Roscoe v. StateSupreme Court of Georgia· 2009-11-09· cited 18×
- Davis v. StateSupreme Court of Georgia· 2004-09-13· cited 14×
- State v. TraylorSupreme Court of Georgia· 2007-03-19· cited 14×
- Mathis v. StateCourt of Appeals of Georgia· 2005-11-04· cited 12×
- State v. MuhannadNebraska Supreme Court· 2013-09-20· cited 11×
- Brown v. StateCourt of Appeals of Georgia· 2010-04-22· cited 6×
- Mora v. StateCourt of Appeals of Georgia· 2008-07-09· cited 5×
- State v. JacksonSupreme Court of Georgia· 2019-08-05· cited 5×
- Byrd v. StateCourt of Appeals of Georgia· 2006-01-27· cited 3×
- Beach v. StateCourt of Appeals of Georgia· 2003-03-19· cited 3×
- Paul v. StateCourt of Appeals of Georgia· 2004-03-04· cited 3×
- Delph v. StateCourt of Appeals of Georgia· 2006-05-11· cited 2×
- HARRIS v. the STATE.Court of Appeals of Georgia· 2018-01-03· cited 2×
- People v. AugustColorado Court of Appeals· 2016-04-21· cited 1×
- Capote v. StateSupreme Court of Georgia· 2024-10-31· cited 1×
Cites
25 cases in this archive are cited by this case; the 20 most cited are listed.
- Oregon v. KennedySupreme Court· 1982-05-24· cited 2,097×
- Commonwealth v. AndrewsMassachusetts Supreme Judicial Court· 1988-11-29· cited 95×
- State v. OliverCourt of Appeals of Georgia· 1988-07-11· cited 58×
- Williams v. StateSupreme Court of Georgia· 1988-05-26· cited 58×
- United States v. Abel Parama BorromeoFourth Circuit· 1992-01-22· cited 53×
- Walton v. StateSupreme Court of Georgia· 1997-03-17· cited 51×
- State v. FleerMissouri Court of Appeals· 1993-02-23· cited 44×
- Dinning v. StateSupreme Court of Georgia· 1997-04-28· cited 35×
- State v. TorresNew Jersey Superior Court App Division· 2000-02-10· cited 28×
- Wilson v. StateCourt of Appeals of Georgia· 1998-07-09· cited 26×
- Williams v. StateSupreme Court of Georgia· 1997-10-14· cited 22×
- Dumas v. StateCourt of Appeals of Georgia· 1999-07-16· cited 21×
- Robinson v. CommonwealthCourt of Appeals of Virginia· 1994-01-11· cited 19×
- Jones v. StateCourt of Appeals of Georgia· 2001-04-10· cited 18×
- State v. D'AURIACourt of Appeals of Georgia· 1997-10-27· cited 17×
- Beck v. StateSupreme Court of Georgia· 1992-01-29· cited 17×
- Reed v. StateCourt of Appeals of Georgia· 1996-07-30· cited 16×
- Turner v. StateCourt of Appeals of Georgia· 1999-06-04· cited 13×
- Steward v. StateCourt of Appeals of Georgia· 2001-09-27· cited 10×
- Blackwell v. StateCourt of Appeals of Georgia· 1998-06-16· cited 10×
Sourced from CourtListener / Free Law Project (CC0).
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