Legal Opinion

Kesterson v. Jarrett

Supreme Court of Georgia

Decided June 18, 2012No. S11G0590PublishedCited by 12 opinions

1Opinion of the Court

Nahmias, Justice.

Under the longstanding law of Georgia, the parties to a lawsuit. have a fundamental right to be present in court during the trial of their case. The issue presented in this appeal is whether a party máy be denied that right and excluded from the courtroom because her *381physical and mental condition may evoke undue sympathy from the jury and thereby improperly prejudice the other party. This appears to be a question of first impression for Georgia’s appellate courts, likely because exclusion of a party from trial for this reason is such an exceptional event in this State. In…

2Cases cited35 opinions

  1. Smith v. PhillipsSupreme Court of the United States · 1982
  2. Snyder v. MassachusettsSupreme Court of the United States · 1934
  3. Rushen v. SpainSupreme Court of the United States · 1983
  4. Eckles v. Atlanta Technology Group, Inc.Supreme Court of Georgia · 1997
  5. Georgia Railroad & Banking Co. v. TiceSupreme Court of Georgia · 1905

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3Cited by12 opinions

  1. Phillips v. HarmonSupreme Court of Georgia · 2015
  2. Hardy v. StateSupreme Court of Georgia · 2019
  3. PHILLIPS Et Al. v. HARMON Et Al.Court of Appeals of Georgia · 2014
  4. In the Interest of J. C. W.Court of Appeals of Georgia · 2012
  5. Morris v. Turnkey Medical Engineering, Inc.Court of Appeals of Georgia · 2012

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