Rice v. State, 594 S.E.2d 335 (Ga. 2004). · Go Syfert
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Rice v. State, 594 S.E.2d 335 (Ga. 2004). Cases Citing This Book View Copy Cite
61 citation events (61 in the last 25 years) across 3 distinct courts.
Strongest positive: Shelby Peterson v. Lexington Intermodal, LLC (gactapp, 2026-03-24)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 19 distinct citers. How cited ↗
discussed Cited as authority (rule) Shelby Peterson v. Lexington Intermodal, LLC
Ga. Ct. App. · 2026 · confidence medium
The Supreme Court has determined that at least some preemption cases invoke its constitutional question jurisdiction, including “where a party asserts an affirmative claim of preemption.” Fox v. Norfolk S. Corp., 342 Ga. App. 38, 43 (1) ( 802 SE2d 319 ) (2017) (discussing, e.g., Ward v. McFall, 277 Ga. 649, 651 (1) ( 593 SE2d 340 ) (2004)).
discussed Cited as authority (rule) ESTATE OF MINNIE LEE TOMLINSON v. HOUSTON HEALTHCARE (2×)
Ga. Ct. App. · 2024 · confidence medium
Implied or conflict preemption occurs where a federal statute and state statute directly conflict so as to make “compliance with both federal and state [law] a physical impossibility, or where state law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.” Ward v. McFall, 277 Ga. 649, 651-652 (2) ( 593 SE2d 340 ) (2004), quoting Gade v. Nat.
cited Cited as authority (rule) Candice Reis v. Ooida Risk Retention Group, Inc.
Ga. Ct. App. · 2017 · confidence medium
Health, 293 Ga. 553, 554 (1) ( 748 SE2d 404 ) (2013); Ward v. McFall, 277 Ga. 649, 651 (1) ( 593 SE2d 340 ) (2004).
discussed Cited as authority (rule) RES-GA MCDONOUGH, LLC v. TAYLOR ENGLISH DUMA, LLP
Ga. · 2017 · confidence medium
II (1); Babies Right Start, Inc. v. Ga. Dept. of Public Health, 293 Ga. 553, 554 (1) ( 748 SE2d 404 ) (2013); Ward v. McFall, 277 Ga. 649, 651 (1) ( 593 SE2d 340 ) (2004). 2 as the plaintiff in the [u]nderlying [a]ction,” RES-GA informed Taylor English that in October 2008, Langino had transferred real property to his wife, Debbie Langino, in an apparent fraudulent transfer.
discussed Cited as authority (rule) C. Dean Alford v. Rigoberto Rivera Hernandez
Ga. Ct. App. · 2017 · confidence medium
II (1); Babies Right Start, 293 Ga. at 554 (1) (The Supreme Court of Georgia had jurisdiction over the Appellant’s preemption argument pursuant to its constitutional question jurisdiction.); Ward v. McFall, 277 Ga. 649, 651 (1) ( 593 SE2d 340 ) (2004) (The Supreme Court of Georgia has jurisdiction over whether a state statute is unconstitutional under the Supremacy Clause.).
cited Cited as authority (rule) Res-Ga Loganville, LLC v. Panola Crossings, LLC
Ga. Ct. App. · 2017 · confidence medium
Health, 293 Ga. 553, 554 (1) ( 748 SE2d 404 ) (2009), citing Ward v. McFall, 277 Ga. 649, 651 (1) ( 593 SE2d 340 ) (2004).
discussed Cited as authority (rule) C. Dean Alford v. Rigoberto Rivera Hernandez
Ga. Ct. App. · 2017 · confidence medium
II (1) and Ward v. McFall, 277 Ga. 649, 651 (1) ( 593 SE2d 340 ) (2004) (noting that the trial court had explicitly refused to apply a state statute based on its finding that the statute was TRANSFERRED to the Supreme Court of Georgia for disposition.
cited Cited as authority (rule) Res-Ga McDonough, LLC v. Taylor English Duma LLP
Ga. Ct. App. · 2017 · confidence medium
II (1).” Babies Right Start, Inc. v. Georgia Dept. of Public Health, 293 Ga. 553, 554 ( 748 SE2d 404 ) (2013); Ward v. McFall, 277 Ga. 649, 651 ( 593 SE2d 340 ) (2004).
discussed Cited as authority (rule) C. Dean Alford v. Rigoberto Rivera Hernandez
Ga. Ct. App. · 2017 · confidence medium
II (1) and Ward v. McFall, 277 Ga. 649, 651 (1) ( 593 SE2d 340 ) (2004) (noting that the trial court had explicitly refused to apply a state statute based on its finding that the statute was inconsistent with a federal regulation, and therefore, in violation of the Supremacy Clause; explaining that the trial court’s order “[could not] be construed to be anything other than a declaration that [the statute was] unconstitutional under the Supremacy Clause”; thus TRANSFERRED to the Supreme Court of Georgia for disposition.
cited Cited as authority (rule) G. B. A. Associates, LLC v. Sabal Trail Transmission, LLC
Ga. Ct. App. · 2016 · confidence medium
Health, 293 Ga. 553, 554 (1) ( 748 SE2d 404 ) (2013); Ward v. McFall, 277 Ga. 649, 651 (1) ( 593 SE2d 340 ) (2004).
discussed Cited as authority (rule) Community & Southern Bank v. Virgil E. Lovell
Ga. Ct. App. · 2016 · confidence medium
Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk. 3 293 Ga. 553, 554 (1) ( 748 SE2d 404 ) (2013) (citing Ward v. McFall, 277 Ga. 649, 651 (1) ( 593 SE2d 340 ) (2004)).
cited Cited as authority (rule) Babies Right Start, Inc. v. Georgia Department of Public Health
Ga. · 2013 · confidence medium
II (1); Ward v. McFall, 277 Ga. 649, 651 ( 593 SE2d 340 ) (2004).
discussed Cited as authority (rule) Hall v. State
Ga. Ct. App. · 2012 · confidence medium
Hutto, Assistant District Attorney, for appellee. 1 The truck was registered to Hall, who was subsequently arrested. 2 See OCGA § 16-7-1 (a). 3 Rice v. State, 277 Ga. 649, 649 ( 594 SE2d 335 ) (2004). 4 See OCGA § 15-6-3 (39) (A). 5 See Williams v. State, 301 Ga. App. 849, 851 (1) ( 689 SE2d 124 ) (2010) (holding that trial court lacked jurisdiction to consider defendant’s motion to withdraw guilty plea filed beyond term of court in which defendant was sentenced); Maples v. State, 293 Ga. App. 232, 233 (1) ( 666 SE2d 609 ) (2008) (same). 6 See Rice, 277 Ga. 649 ; Williams, 301 Ga. App. at …
discussed Cited as authority (rule) Murray v. State
Ga. Ct. App. · 2011 · confidence medium
Given that Mr. Murray pleaded guilty to the Emanuel County robbery charge in Toombs County Superior Court, we look to the statute defining that court’s terms to determine whether Murray’s attempt to withdraw that guilty plea was timely. 32 See Rice v. State, 277 Ga. 649, 649 ( 594 SE2d 335 ) (2004).
discussed Cited "see" WARREN MATHEW SCHMITZ, JR v. FULTON COUNTY BOARD OF REGISTRATION AND ELECTIONS
Ga. Ct. App. · 2020 · signal: see · confidence high
See Ward v. McFall, 277 Ga. 649, 651 (1) ( 593 SE2d 340 ) (2004) (Supreme Court exercised jurisdiction over preemption question where trial court order was construed as a declaration that Georgia statute was unconstitutional under the Supremacy Clause).
discussed Cited "see" Babies Right Start, Inc. v. Georgia Dch (2×)
Ga. Ct. App. · 2012 · signal: see · confidence high
See Ward v. McFall, 277 Ga. 649, 651 (1) ( 593 SE2d 340 ) (2004).
discussed Cited "see" Williams v. State (2×)
Ga. Ct. App. · 2010 · signal: see · confidence high
See Fortson v. State, 272 Ga. 457, 459 (1) ( 532 SE2d 102 ) (2000). 4 Rice v. State, 277 Ga. 649 ( 594 SE2d 335 ) (2004). 5 Maples v. State, 293 Ga. App. 232, 233 (1) ( 666 SE2d 609 ) (2008). 6 Isaac v. State, 275 Ga. App. 254, 258 (5) ( 620 SE2d 483 ) (2005).
discussed Cited "see" Richards v. Georgia Department of Community Health
Ga. · 2004 · signal: see · confidence high
See Ward v. McFall, 277 Ga. 649, 653 (2) ( 593 SE2d 340 ) (2004). 3 By statute, GDCH’s “negotiation matrix” must take into account an attorney’s lien before determining how much of the recovery GDCH may gain; essentially, attorneys are paid first.
discussed Cited "see, e.g." FOX v. NORFOLK SOUTHERN CORPORATION Et Al.
Ga. Ct. App. · 2017 · signal: see, e.g. · confidence medium
See, e.g., Ward v. McFall, 277 Ga. 649, 651 (1) ( 593 SE2d 340 ) (2004) (direct appeal to the Supreme Court where plaintiff sought a declaration that the child support guidelines set forth in OCGA § 19-6-15 (b) were preempted and therefore unconstitutional); Davis v. State, 248 Ga. 783 -784 ( 286 SE2d 430 ) (1982) (direct appeal to the Supreme Court from denial of defendant’s motion to dismiss indictment, in which defendant asserted that the Georgia statute punishing “criminal issuance of a bad check” was preempted in its entirety by federal law).
Retrieving the full opinion text from the archive…
Rice
v.
the State
S04A0338.
Supreme Court of Georgia.
Mar 8, 2004.
594 S.E.2d 335
Charles J. Rice, pro se., Robert E. Keller, District Attorney, Clifford A. Sticker, Assistant District Attorney, for appellee.
Thompson.
Cited by 9 opinions  |  Published
Thompson, Justice.

On September 17,1999, defendant Charles J. Rice pleaded guilty to murder and armed robbery pursuant to a negotiated plea agreement. Ten days later, the trial court sentenced Rice to two concurrent life terms.

Thereafter, on September 9, 2003, Rice filed a “motion to vacate and correct null and void sentence.” [1] In his motion, Rice attacked the voluntariness of his guilty plea on the ground, inter alia, of ineffective assistance of counsel. The trial court denied the motion and Rice appeals. We affirm.

It is well settled that when the term of court has expired in which a defendant was sentenced pursuant to a guilty plea the trial court lacks jurisdiction to allow the withdrawal of the plea. Jarrett v. State, 217 Ga. App. 627 (1) (458 SE2d 414) (1995). [Rice’s] only available means to withdraw his guilty plea is through habeas corpus proceedings, id. at 628, and the trial court therefore properly denied [Rice’s] motion.

Henry v. State, 269 Ga. 851, 853 (2) (507 SE2d 419) (1998).

Judgment affirmed.

All the Justices concur.
1

Previously, Rice filed a “motion for different counsel on appeal,” a “motion of discovery request and preservation of records,” and a motion for a copy of the record. On August 6, 2003, the trial court granted Rice’s record request, but denied his other motions.