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Higgins v. State

251 Ga. App. 175 (Ga. Ct. App. 2001)
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Higgins v. State

14 Citing cases

  1. Calhoun v. Harrell

    904 S.E.2d 383 (Ga. Ct. App. 2024)

    But Harrell specifies no particular language in OCGA § 19-13-4 that she purports created a presumption; she identifies no case authority interpreting the statute as such; and she puts forth no legal analysis in her brief that the statute contemplates any such presumption. See generally Yash Solutions v. New York Global Consultants Corp., 352 Ga. App. 127, 137 (1) (b), n. 30, 834 S.E.2d 126 (2019) (noting principles that "[m]ere conclusory statements are not the type of meaningful argument contemplated by our rules" and that "cogent legal analysis … is, at a minimum, a discussion of the appropriate law as applied to the relevant facts") (citations and punctuation omitted); Higgins v. State, 251 Ga. App. 175, 178 (3), n. 3, 554 S.E.2d 212 (2001) ("An assertion of error followed by a case citation is not legal argument. As we have explained, legal analysis is, at a minimum, a discussion of the appropriate law as applied to the relevant facts.")

  2. Cawthon v. State

    350 Ga. App. 741 (Ga. Ct. App. 2019)   Cited 22 times
    Noting that "this Court will not typically address arguments in the complete absence of record and transcript citations"

    " (punctuation and footnotes omitted)).Higgins v. State , 251 Ga. App. 175, 178 (3), 554 S.E.2d 212 (2001) ; see Flowers v. State , 269 Ga. App. 443, 445 (1), 604 S.E.2d 285 (2004) ("[L]egal analysis is, at a minimum, a discussion of the appropriate law as applied to the relevant facts." (punctuation omitted)).

  3. Phillips v. Phillips

    347 Ga. App. 524 (Ga. Ct. App. 2018)   Cited 8 times
    Holding that, under federal statute and Howell decision, military retirement pay that had been waived by husband in order to receive veterans’ disability benefits was not marital property divisible upon divorce

    Cf. Howell , 137 S.Ct. at 1402 (citing specific statutory language that exempts from a state court’s authority to divide as community property any amount waived by a veteran in order to collect disability benefits). See Gunn v. State , 342 Ga. App. 615, 623-624 (3), 804 S.E.2d 118 (2017) (deeming abandoned and thus refusing to address claims of error, where claims were not supported by meaningful argument, because beyond one or two case citations relating to basic legal principles, appellant provided no authority in support of his specific contentions); Higgins v. State , 251 Ga. App. 175, 178 (3), n. 3, 554 S.E.2d 212 (2001) ("An assertion of error followed by a case citation is not legal argument. As we have explained, legal analysis is, at a minimum, a discussion of the appropriate law as applied to the relevant facts.") (citation and punctuation omitted).

  4. DiMauro v. State

    341 Ga. App. 710 (Ga. Ct. App. 2017)   Cited 14 times
    Holding that appellant abandoned arguments by failing to cite to record or any relevant legal authority in support, and noting that burden is on party alleging error to show it affirmatively in record

    See Flowers v. State, 269 Ga. App. 443 , 445 (1) (604 SE2d 285 ) (2004) (noting that “legal analysis is, at a minimum, a discussion of the appropriate law as applied to the relevant facts” (punctuation omitted)); Higgins v. State, 251 Ga. App. 175 , 178 (3) n.3 (554 SE2d 212 ) (2001) (same). 67

  5. Guilford v. Marriott

    296 Ga. App. 503 (Ga. Ct. App. 2009)   Cited 21 times
    Deeming a claim of error abandoned when it was simply an assertion of error followed by a single case citation

    Time Warner Entertainment Co. v. Six Flags Over Ga., 254 Ga. App. 598, 605 (3) (a) ( 563 SE2d 178) (2002).Higgins v. State, 251 Ga. App. 175, 178 (3), n. 3 ( 554 SE2d 212) (2001). For these reasons, we deem all of Guilford's enumerations abandoned.

  6. Hill v. State

    290 Ga. App. 140 (Ga. Ct. App. 2008)   Cited 21 times
    Explaining that "alibi is not an affirmative defense; since the true effect of an alibi defense is to traverse the State’s proof that the defendant committed the crime, the charge that the burden is on the state to prove that the defendant committed the crime beyond a reasonable doubt itself necessarily covers the question of whether the evidence of alibi was sufficient to create a reasonable doubt"

    The trial court heard evidence on the motion before the start of trial and denied it. As this enumeration is not supported by the record, it necessarily provides no basis for a claim of error. See Higgins v. State, 251 Ga. App. 175, 178 (3) ( 554 SE2d 212) (2001). (e) Hill alleges that trial counsel was ineffective because he failed to request a jury charge on the lesser included offense of robbery or theft by taking.

  7. Currid v. Dekalb State Court Prob. Dept

    274 Ga. App. 704 (Ga. Ct. App. 2005)   Cited 34 times
    Explaining that an appellant may not raise an argument for the first time in their reply brief

    See Dixon v. MARTA, 242 Ga. App. 262, 266 (4) ( 529 SE2d 398) (2000). See Higgins v. State, 251 Ga. App. 175, 178 (3) ( 554 SE2d 212) (2001). (c) Appellants allege that genuine issues of material fact exist as to whether Gabriel and Carter were grossly negligent, reckless or committed wilful misconduct in assigning Currid to a community service program and supervising him.

  8. Flowers v. State

    269 Ga. App. 443 (Ga. Ct. App. 2004)   Cited 17 times

    (Citation and punctuation omitted.) Higgins v. State, 251 Ga. App. 175, 178, n. 3 ( 554 SE2d 212) (2001). Consequently, this argument is deemed abandoned pursuant to Court of Appeals Rule 27 (c) (2). Dixon v. MARTA, 242 Ga. App. 262, 266 (4) ( 529 SE2d 398) (2000).

  9. Swain v. State

    268 Ga. App. 135 (Ga. Ct. App. 2004)   Cited 8 times

    (Citation and punctuation omitted.) Higgins v. State, 251 Ga. App. 175, 178, n. 3 ( 554 SE2d 212) (2001). "Our requirements as to the form of appellate briefs were created, not to provide an obstacle, but to aid parties in presenting their arguments in a manner most likely to be fully and efficiently comprehended by this Court."

  10. Hopper v. State

    267 Ga. App. 218 (Ga. Ct. App. 2004)   Cited 4 times

    Hopper admitted to an investigator that he fondled his niece's vagina, but he could not recall whether he placed his hands on her buttocks because he was intoxicated. Higgins v. State, 251 Ga. App. 175 (1) ( 554 SE2d 212) (2001). Shortly after his release from prison on these charges in March 2000, Hopper reconciled with his wife and moved in with her and their two sons, aged nine and eleven.