Stockton v. State, 690 S.E.2d 623 (Ga. Ct. App. 2010). · Go Syfert
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Stockton v. State, 690 S.E.2d 623 (Ga. Ct. App. 2010). Cases Citing This Book View Copy Cite
14 citation events (14 in the last 25 years) across 5 distinct courts.
Strongest positive: HANDLEY v. WERNER ENTERPRISES INC (gamd, 2022-01-11)
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) HANDLEY v. WERNER ENTERPRISES INC
M.D. Ga. · 2022 · confidence medium
Liberty Mutual therefore was entitled to judgment as a matter of law on this issue.”) (citation omitted); Werner Enters. v. Stanton, 302 Ga. App. 25, 26 , 690 S.E.2d 623, 625 (2010) (“Because Liberty Mutual was an excess insurer, the plaintiffs were not permitted to file suit against it under the direct 1 “Because this action is based on diversity, Georgia substantive standards of law must apply.” Wilson v. TASER Int'l, Inc., 303 F. App'x 708, 715 (11th Cir. 2008). action statute, and the trial court therefore erred in denying Liberty Mutual’s motions for summary judgment on this gro…
discussed Cited as authority (rule) Rosciti v. Liberty Mutual Insurance
D.R.I. · 2010 · signal: cf. · confidence medium
Cf. Werner Enters., Inc. v. Stanton, 302 Ga.App. 25 , 690 S.E.2d 623, 624-25 (2010) (holding that "an excess policy is not subject to suit under [Georgia’s] direct action statute,” which only applied to primary insurance policíes, and observing that "the direct action statute is in derogation of the common law, [and] the terms of that statute must be strictly construed”) (citation omitted). 3 .
cited Cited "see" Mornay v. National Union Fire Insurance
Ga. Ct. App. · 2015 · signal: see · confidence high
See Werner Enterprises v. Stanton, 302 Ga. App. 25, 26 ( 690 SE2d 623 ) (2010).
cited Cited "see" Kenneth D. Mornay, Sr v. National Union Fire Insurance Company of Pittsburgh, P. A.
Ga. Ct. App. · 2015 · signal: see · confidence high
See Werner Enterprises, Inc. v. Stanton, 302 Ga. App. 25, 26 ( 690 SE2d 623 ) (2010).
cited Cited "see" McGill v. American Trucking & Transportation, Ins.
N.D. Ga. · 2015 · signal: see · confidence high
See Werner Enterprises, Inc., 690 S.E.2d at 623 .
discussed Cited "see, e.g." Rli Insurance Company v. Duncan. (2×)
Ga. Ct. App. · 2018 · signal: see, e.g. · confidence low
See, e.g., Werner Enterprises, Inc. v. Stanton , 302 Ga. App. 25 , 26, 690 S.E.2d 623 (2010) ; Jackson v. Sluder , 256 Ga. App. 812 , 818, 569 S.E.2d 893 (2002).
Retrieving the full opinion text from the archive…
Stockton
v.
the State
A09A2326.
Court of Appeals of Georgia.
Jan 13, 2010.
690 S.E.2d 623
M. V. Booker, for appellant., Samuel H. Altman, District Attorney, Durwood R. Davis, Kevin R. Majeska, Assistant District Attorneys, for appellee.
Smith, Phipps, Bernes.
Published
SMITH, Presiding Judge.

In this out-of-time appeal, Antonio Stockton appeals from the trial court’s order denying his motion to withdraw his plea of guilty to armed robbery and theft by taking. [1] He contends that he received ineffective assistance of counsel because his lawyer failed to investi[*43] gate his mental competence before he pled guilty. Before denying his motion, the trial court did not conduct an evidentiary hearing to determine whether Stockton’s plea was rendered involuntary because of ineffective assistance of counsel. We therefore vacate the trial court’s order denying the motion to withdraw and remand this case to the trial court to hold an evidentiary hearing on Stockton’s motion to withdraw his guilty plea. Johnson v. State, 273 Ga. App. 11 (614 SE2d 477) (2005).

Decided January 13, 2010. M. V. Booker, for appellant. Samuel H. Altman, District Attorney, Durwood R. Davis, Kevin R. Majeska, Assistant District Attorneys, for appellee.

The State’s contention that Stockton’s only remedy is to pursue a habeas corpus petition is without merit. The State relies upon cases in which the defendant seeks to appeal from a guilty plea, not an order denying a motion to withdraw a guilty plea. See, e.g., Manion v. State, 228 Ga. App. 270-271 (491 SE2d 506) (1997); compare Caine v. State, 266 Ga. 421-422 (467 SE2d 570) (1996) (comparing a direct appeal from a guilty plea with a direct appeal from a motion to withdraw a guilty plea); Frost v. State, 286 Ga. App. 694 (649 SE2d 878) (2007) (direct appeal after hearing held on motion to withdraw guilty plea).

Judgment vacated and case remanded with direction.

Phipps and Bernes, JJ., concur.
1

In Stockton v. State, 298 Ga. App. 84, 86 (679 SE2d 109) (2009), this court concluded that Stockton was entitled to an out-of-time appeal from the trial court’s order denying his motion to withdraw his guilty plea.