Glover v. State, 465 S.E.2d 659 (Ga. 1996). · Go Syfert
Glover v. State, 465 S.E.2d 659 (Ga. 1996). Cases Citing This Book View Copy Cite
262 citation events (133 in the last 25 years) across 2 distinct courts.
Strongest positive: Sanders v. State (ga, 2026-03-03)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) Sanders v. State
Ga. · 2026 · confidence medium
In Simpson, we cited no legal authority in support of this 4 rule, which eventually was refined into a requirement that ineffectiveness claims “be raised before appeal if the opportunity to do so is available[.]” Glover v. State, 266 Ga. 183, 184 (1996) (emphasis omitted).
discussed Cited as authority (rule) Sanders v. State
Ga. · 2026 · confidence medium
In Simpson, we cited no legal authority in support of this 4 rule, which eventually was refined into a requirement that ineffectiveness claims “be raised before appeal if the opportunity to do so is available[.]” Glover v. State, 266 Ga. 183, 184 (1996) (emphasis omitted).
discussed Cited as authority (rule) Giacobi Trevell Kelly v. State
Ga. Ct. App. · 2022 · confidence medium
Kelly’s claim of ineffective assistance of counsel, which he raises for the first time on appeal, has not been preserved for our review. 21 A claim of ineffective assistance of trial counsel must be asserted “at the earliest practicable moment.” Glover v. State, 266 Ga. 183, 184 (2) ( 465 SE2d 659 ) (1996) (punctuation and footnote omitted).
discussed Cited as authority (rule) Larry Dunbar v. State
Ga. Ct. App. · 2022 · confidence medium
Generally, an ineffectiveness claim must be raised “at the earliest practicable moment[,]” meaning that the “claim [must] be raised before appeal if the opportunity to do so is available[.]” Glover v. State, 266 Ga. 183, 184 (2) ( 465 SE2d 659 ) (1996) (citation and punctuation omitted; emphasis in original).
discussed Cited as authority (rule) Travis Betterson v. State
Ga. Ct. App. · 2022 · confidence medium
But it is axiomatic that “a claim of ineffectiveness of trial counsel must be asserted at the earliest practicable moment.” Glover v. State, 266 Ga. 183, 184 (2) ( 465 SE2d 659 ) (1996) (citation and punctuation omitted).
discussed Cited as authority (rule) Larry Wayne Price v. State (2×)
Ga. Ct. App. · 2018 · confidence medium
This rule “requires that [the] claim be raised before appeal if the opportunity to do so is available; that the ability to raise the issue on motion for new trial represents such an opportunity; and that the failure to seize that opportunity is a procedural bar to raising the issue at a later time.” Glover v. State, 266 Ga. 183, 184 (2) ( 465 SE2d 659 ) (1996) (emphasis and footnote omitted).
discussed Cited as authority (rule) Price v. State
Ga. Ct. App. · 2018 · confidence medium
Glover , 266 Ga. at 184 (2), 465 S.E.2d 659 ; see also Owens v. State , 263 Ga. 99 , 101 (3), 428 S.E.2d 793 (1993) (appellate counsel who represented defendant at hearing on motion for new trial and failed to raise issue of trial counsel's ineffectiveness at that hearing could not do so on appeal).
discussed Cited as authority (rule) Holloway v. the State
Ga. Ct. App. · 2017 · confidence medium
We have not set forth facts relating to Holloway’s conviction for burglary because he has not challenged the sufficiency of the evidence against him on that count and because, as set forth in Division 1, we do not reach the merits of his other enumeration of error. 2 266 Ga. 183, 183-184 (2) ( 465 SE2d 659 ) (1996). 3 Cf., e.g., Haggard v. State, 273 Ga.App. 295, 295-296 ( 614 SE2d 903 ) (2005).
discussed Cited as authority (rule) Danley v. the State
Ga. Ct. App. · 2017 · confidence medium
By “earliest practicable moment,” we mean that *68 the ineffectiveness claim must “be raised before appeal if the opportunity to do so is available.” (Emphasis in original.) Glover v. State, 266 Ga. 183, 184 ( 465 SE2d 659 ) (1996).
discussed Cited as authority (rule) Calloway v. the State (2×)
Ga. Ct. App. · 2015 · confidence medium
Although Calloway obtained new post-conviction counsel more than a year before the trial court ruled on the motion for new trial, Calloway did not amend the motion to add a claim for ineffective assistance. “[T]he rule that an ineffectiveness claim must be raised at the earliest practicable moment requires that the claim be raised before appeal if the opportunity to do so is available[.]” Glover v. State, 266 Ga. 183, 184 (2) ( 465 SE2d 659 ) (1996) (citations and punctuation omitted; emphasis in original).
discussed Cited as authority (rule) Phyllip Becoats v. State
Ga. Ct. App. · 2012 · confidence medium
This rule requires that an ineffective assistance claim be raised before an appeal of the defendant’s conviction, “if the opportunity to do so is available[.]” Glover v. State, 266 Ga. 183, 184 (2) ( 465 SE2d 659 ) (1996).
discussed Cited as authority (rule) Becoats v. State
Ga. Ct. App. · 2012 · confidence medium
This rule requires that an ineffective assistance claim be raised before an appeal of the defendant’s conviction, “if the opportunity to do so is available[.]” Glover v. State, 266 Ga. 183, 184 (2) ( 465 SE2d 659 ) (1996).
discussed Cited as authority (rule) Lewis v. State
Ga. · 2012 · confidence medium
This Court has stated that claims of ineffective assistance of trial counsel must be raised at the earliest practicable moment, and thus must be raised before appeal if the opportunity to do so is available; that the ability to raise the issue on motion for new trial represents such an opportunity; and that the failure to seize that opportunity is a procedural bar to raising the issue at a later time. [Cits.] Glover v. State, 266 Ga. 183, 184 (2) ( 465 SE2d 659 ) (1996) (Emphasis in original).
discussed Cited as authority (rule) Williams v. Moody
Ga. · 2010 · confidence medium
In order to avoid a waiver of a claim of ineffective assistance against trial counsel, the claim must be raised at the earliest practicable moment, and that moment is “before appeal if the opportunity to do so is available....” Glover v. State, 266 Ga. 183, 184 ( 465 SE2d 659 ) (1996).
discussed Cited as authority (rule) Dawson v. State
Ga. Ct. App. · 2010 · confidence medium
See, e.g., Ruiz v. State, 286 Ga. 146, 148-149 (2) (a), (b) ( 686 SE2d 253 ) (2009); Garland v. State, 283 Ga. 201, 202 ( 657 SE2d 842 ) (2008); Simmons v. State, 281 Ga. 437, 438 (2) ( 637 SE2d 709 ) (2006); Glover v. State, 266 Ga. 183, 183-184 (2) ( 465 SE2d 659 ) (1996).
discussed Cited as authority (rule) Williams v. State (2×) also: Cited "see"
Ga. Ct. App. · 2009 · confidence medium
Glover v. State, 266 Ga. 183, 184 (2) ( 465 SE2d 659 ) (1996).
discussed Cited as authority (rule) Wilson v. State (2×)
Ga. · 2009 · confidence medium
In other words, this is the “‘earliest practicable moment,’” see Glover v. State, 266 Ga. 183, 184 (2) ( 465 SE2d 659 ) (1996), at which Wilson could raise the issue of first appellate counsel’s alleged ineffective assistance.
discussed Cited as authority (rule) MacHado v. State
Ga. Ct. App. · 2009 · signal: cf. · confidence medium
Smith, P. J., and Bernes, J., concur. 1 Martinez v. State, 278 Ga. App. 500 ( 629 SE2d 485 ) (2006) (citations omitted). 2 OCGA § 16-6-4 (a) (1). 3 OCGA § 16-4-1. 4 See Cornelius v. State, 213 Ga. App. 766, 768 (1) ( 445 SE2d 800 ) (1994); Chapman v. State, 170 Ga. App. 779, 780 (1) ( 318 SE2d 213 ) (1984); see also Klausen v. State, 294 Ga. App. 463, 465 (1) ( 669 SE2d 460 ) (2008) (jury could infer from defendant’s actions in the child’s presence that he acted with the intent to arouse or satisfy his own sexual desires). 5 See Colbert v. State, 255 Ga. App. 182 ( 564 SE2d 787 ) (2002);…
discussed Cited as authority (rule) Mangrum v. State (2×)
Ga. · 2009 · confidence medium
Glover v. State, 266 Ga. 183, 184 (2) ( 465 SE2d 659 ) (1996).
discussed Cited as authority (rule) Jones v. State
Ga. Ct. App. · 2008 · confidence medium
James, Jr., Solicitor-General, Matthew Ciccarelli, Assistant Solicitor-General, for appellee. 1 Glover v. State, 266 Ga. 183, 184 (2) ( 465 SE2d 659 ) (1996). 2 Id. 3 Id. 4 See Terrell v. State, 268 Ga. App. 173, 176 (5) ( 601 SE2d 500 ) (2004). 5 Id.; Grimes v. State, 245 Ga. App. 277, 279 (3) ( 537 SE2d 720 ) (2000); Cf. Bridges v. State, 279 Ga. 351, 357 (11) ( 613 SE2d 621 ) (2005) (ineffective assistance claim timely raised where appellant represented by trial counsel until after notice of appeal filed).
discussed Cited as authority (rule) Garland v. State
Ga. · 2008 · confidence medium
By “earliest practicable moment,” we mean that the ineffectiveness claim must “be raised before appeal if the opportunity to do so is available.” (Emphasis in original.) Glover v. State, 266 Ga. 183, 184 ( 465 SE2d 659 ) (1996). *203 However, appellant’s trial counsel could not reasonably be expected to assert or argue his own ineffectiveness on appeal.
discussed Cited as authority (rule) Cooper v. State
Ga. Ct. App. · 2007 · confidence medium
NOTES [1] OCGA § 16-6-4(a). [2] OCGA § 16-6-3(a). [3] OCGA § 16-6-22.2(b). [4] Eady v. State, 256 Ga.App. 696 , 569 S.E.2d 603 (2002). [5] Carter v. State, 275 Ga.App. 846, 846-847 (2), 622 S.E.2d 60 (2005). [6] Jackson v. State, 270 Ga. 436, 437 (2), 510 S.E.2d 815 (1999). [7] Glover v. State, 266 Ga. 183, 184 (2), 465 S.E.2d 659 (1996). [8] Dotson v. State, 276 Ga.App. 418, 421 (2), 623 S.E.2d 252 (2005). [9] Freeland v. State, 223 Ga.App. 326, 327 (2), 477 S.E.2d 633 (1996). [10] Allison v. State, 256 Ga. 851, 853 (5), 353 S.E.2d 805 (1987). [11] OCGA § 24-3-16. [12] Knopp v. State, 190…
discussed Cited as authority (rule) Hamilton v. State (2×)
Ga. · 2007 · confidence medium
The "failure to raise a claim *30 of ineffectiveness before appeal under the circumstances of this case is a procedural bar to raising the claim at a later date." Glover v. State, 266 Ga. 183, 184 (2), 465 S.E.2d 659 (1996).
discussed Cited as authority (rule) Simmons v. State
Ga. · 2006 · confidence medium
The case was docketed in this Court on July 27, 2006, and submitted for decision on the briefs. 2 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 Glover v. State, 266 Ga. 183, 184 ( 465 SE2d 659 ) (1996). 4 The record indicates that original trial counsel and counsel who filed the amended motion for new trial were not part of the same firm or public defender’s office.
discussed Cited as authority (rule) Hood v. State
Ga. Ct. App. · 2006 · confidence medium
This issue is controlled by our Supreme Court’s decisions in Glover v. State, 266 Ga. 183, 184 (2) ( 465 SE2d 659 ) (1996); Ponder v. State, 260 Ga. 840 ( 400 SE2d 922 ) (1991); and White v. Kelso, 261 Ga. 32 ( 401 SE2d 733 ) (1991).
discussed Cited as authority (rule) Wilson v. State
Ga. Ct. App. · 2006 · confidence medium
Johnson, Assistant District Attorneys, for appellee. 1 Dixon v. State, 278 Ga. 4, 5 (1) ( 596 SE2d 147 ) (2004). 2 279 Ga. 69 ( 608 SE2d 602 ) (2005). 3 Id. at 70 (2) (footnote omitted); but compare Barnes v. State, 244 Ga. 302, 303 (1) ( 260 SE2d 40 ) (1979) (even though a defendant’s challenge to the constitutionality of a statute has not been ruled upon at trial, Supreme Court has discretion to decide the question on direct appeal to preclude later habeas challenge). 4 See generally Glover v. State, 266 Ga. 183, 184 (2) ( 465 SE2d 659 ) (1996). 5 273 Ga. 353 ( 541 SE2d 29 ) (2001). 6 270 …
discussed Cited as authority (rule) Carter v. State
Ga. Ct. App. · 2005 · confidence medium
This requires that the “claim be raised before *847 appeal if the opportunity to do so is available; that the ability to raise the issue on motion for new trial represents such an opportunity; and that the failure to seize that opportunity is a procedural bar to raising the issue at a later time.” (Emphasis omitted.) Glover v. State, 266 Ga. 183, 184 (2) ( 465 SE2d 659 ) (1996).
discussed Cited as authority (rule) Haggard v. State
Ga. Ct. App. · 2005 · confidence medium
Andrews, P. J., and Phipps, J., concur. 1 (Footnote omitted; emphasis in original.) Glover v. State, 266 Ga. 183, 184 (2) ( 465 SE2d 659 ) (1996). 2 Id. at 183 (2). 3 Id. at 184 (2). 4 Holland v. State, 240 Ga. App. 169, 171 (4) ( 523 SE2d 33 ) (1999), citing Howard v. State, 233 Ga. App. 724, 729 (7) ( 505 SE2d 768 ) (1998). 5 (Citations omitted; emphasis supplied.) Landers v. State, 236 Ga. App. 368, 370 (3) ( 511 SE2d 889 ) (1999). 6 OCGA § 5-5-40 (b).
discussed Cited as authority (rule) Scieszka v. State
Ga. Ct. App. · 2003 · confidence medium
It is well settled that the arguments underlying a claim for ineffective assistance of counsel must be raised before appeal at the first opportunity, usually on motion for new trial, and “the failure to seize that opportunity is a procedural bar to raising that issue at a later time.” Glover v. State, 266 Ga. 183, 184 (2) ( 465 SE2d 659 ) (1996).
cited Cited as authority (rule) State v. Smith
Ga. · 2002 · confidence medium
This “requires that that claim be raised before appeal if the opportunity to do so is available. . . .” (Emphasis in original.) Glover v. State, 266 Ga. 183, 184 (2) ( 465 SE2d 659 ) (1996).
cited Cited as authority (rule) Williams v. State
Ga. Ct. App. · 2002 · confidence medium
(Emphasis omitted.) Glover v. State, 266 Ga. 183, 184 (2) ( 465 SE2d 659 ) (1996). 4.
cited Cited as authority (rule) Middlebrooks v. State
Ga. Ct. App. · 2002 · confidence medium
Glover v. State, 266 Ga. 183, 184 ( 465 SE2d 659 ) (1996).
cited Cited as authority (rule) White v. State
Ga. Ct. App. · 2002 · confidence medium
Glover v. State, 266 Ga. 183, 184 (2) ( 465 SE2d 659 ) (1996).
cited Cited as authority (rule) Brackins v. State
Ga. Ct. App. · 2001 · confidence medium
Glover v. State, 266 Ga. 183, 184 ( 465 SE2d 659 ) (1996).
discussed Cited as authority (rule) In Re ALE
Ga. Ct. App. · 2001 · confidence medium
It appears that she was in jail at the time, although the juvenile court was not aware of her incarceration. [6] The procedure was previously codified at OCGA § 15-11-81(a). [7] OCGA § 15-11-94(a), (b)(4)(A)(i)-(iv). [8] OCGA § 15-11-94(a); In the Interest of D.B., 242 Ga.App. 763, 764 , 531 S.E.2d 172 (2000); In the Interest of A.M.V., 222 Ga.App. 528, 529 , 474 S.E.2d 723 (1996). [9] In the Interest of B.L.S., 239 Ga.App. 771 , 774, 521 S.E.2d 906 (1999). [10] OCGA § 15-11-94(b)(4)(B)(i). [11] OCGA § 15-11-94(b)(4)(B)(ii) [12] See, e.g., In the Interest of J.W.H., 245 Ga. App. 468 , 538…
cited Cited as authority (rule) Rogers v. State
Ga. Ct. App. · 2000 · confidence medium
Glover v. State, 266 Ga. 183, 184 (2) ( 465 SE2d 659 ) (1996).
discussed Cited as authority (rule) Rowe v. State
Ga. Ct. App. · 2000 · confidence medium
Wilcox v. State, 236 Ga. App. 235, 239 (4) ( 511 SE2d 597 ) (1999). 2 Holman v. State, 236 Ga. App. 111, 114 (2) ( 511 SE2d 240 ) (1999). 3 McCloud v. State, 240 Ga. App. 335, 336 (2) ( 525 SE2d 701 ) (1999). 4 Bailey v. State, 264 Ga. 300 ( 443 SE2d 836 ) (1991). 5 Glover v. State, 266 Ga. 183, 184 (2) ( 465 SE2d 659 ) (1996).
cited Cited as authority (rule) Bryan v. State
Ga. Ct. App. · 2000 · confidence medium
(Emphasis in original.) Glover v. State, 266 Ga. 183, 184 (2) ( 465 SE2d 659 ) (1996).
discussed Cited as authority (rule) Grimes v. State
Ga. Ct. App. · 2000 · confidence medium
J., and Smith, P. J., concur. 1 Suggested Pattern Jury Instructions, Vol. II: Criminal Cases, p. 136 (2nd ed. 1991). 2 Nobles v. State, 201 Ga. App. 483, 484 (1) ( 411 SE2d 294 ) (1991). 3 Id. 4 Hall v. State, 239 Ga. 832, 833 (2) ( 238 SE2d 912 ) (1977). 5 See Bean v. State, 239 Ga. App. 106, 111 (7) ( 521 SE2d 19 ) (1999). 6 OCGA § 17-8-57. 7 Dyous v. State, 195 Ga. App. 99 (2) ( 392 SE2d 730 ) (1990). 8 OCGA § 16-2-21. 9 OCGA § 16-9-1 (a). 10 Taylor v. State, 128 Ga. App. 13 ( 195 SE2d 294 ) (1973). 11 Heard v. State, 181 Ga. App. 803 (2) ( 354 SE2d 11 ) (1987). 12 See Grant v. State, 22…
discussed Cited as authority (rule) Stevens v. State
Ga. Ct. App. · 2000 · confidence medium
Sheppard, Assistant District Attorney, for appellee. 1 OCGA § 16-13-31 (a) (1) (A). 2 Id. 3 Lawrence v. State, 238 Ga. App. 102, 103 (1) ( 517 SE2d 822 ) (1999). 4 Paden v. State, 216 Ga. App. 188, 189 (1) ( 453 SE2d 788 ) (1995). 5 Cooper v. State, 237 Ga. App. 837, 838 (2) ( 517 SE2d 85 ) (1999). 6 (Citation and punctuation omitted.) Mathis v. State, 204 Ga. App. 896, 898 (1) ( 420 SE2d 788 ) (1992); see also Childers v. State, 218 Ga. App. 457 ( 462 SE2d 412 ) (1995). 7 Compare Sing v. State, 217 Ga. App. 591 ( 458 SE2d 493 ) (1995), where defendant told police he leased the apartment and …
cited Cited as authority (rule) Avery v. State
Ga. Ct. App. · 2000 · confidence medium
Glover v. State, 266 Ga. 183, 184 (2) ( 465 SE2d 659 ) (1996).
discussed Cited as authority (rule) Wilder v. State
Ga. Ct. App. · 2000 · confidence medium
Moreover, there was no objection to the prosecutor’s remarks, and we do not find that *808 they were “of such a character that a jury would naturally and necessarily construe them as a comment on appellant’s failure to testify.” (Citation and punctuation omitted.) Id. at 741 . 4 See Manley v. State, 187 Ga. App. 773, 777 (6) ( 371 SE2d 438 ) (1988). 5 See Glover v. State, 266 Ga. 183, 184 (2) ( 465 SE2d 659 ) (1996).
cited Cited as authority (rule) Paul v. State
Ga. Ct. App. · 2000 · confidence medium
Glover v. State, 266 Ga. 183, 184 (2) ( 465 SE2d 659 ).
discussed Cited as authority (rule) Gafford v. State
Ga. Ct. App. · 1999 · confidence medium
Glover v. State, 266 Ga. 183, 184 (2) ( 465 SE2d 659 ) (failure to seize opportunity to raise issue of ineffectiveness at earliest practicable opportunity creates procedural bar to assert the issue later).
discussed Cited as authority (rule) Holland v. State
Ga. Ct. App. · 1999 · confidence medium
On appeal, Holland, for the first time, contends that his trial counsel rendered ineffective assistance of counsel. “[T]he rule that an ineffectiveness claim must be raised ‘at the earliest practicable moment’ requires that that claim be raised before appeal if the opportunity to do so is available.” (Emphasis in original.) Glover v. State, 266 Ga. 183, 184 (2) ( 465 SE2d 659 ) (1996).
discussed Cited as authority (rule) Simpson v. State (2×)
Ga. Ct. App. · 1999 · confidence medium
Glover v. State, 266 Ga. 183, 184 (2) ( 465 SE2d 659 ) (1996); Russell v. State, 230 Ga. App. 546, 550 (5) ( 497 SE2d 36 ) (1998). 3.
cited Cited as authority (rule) McGhee v. State
Ga. Ct. App. · 1999 · confidence medium
Glover v. State, 266 Ga. 183, 184 (2) ( 465 SE2d 659 ) (1996).
discussed Cited as authority (rule) Landers v. State
Ga. Ct. App. · 1999 · confidence medium
“Our Supreme Court has clearly stated that ‘the rule that an ineffectiveness claim must be raised at the earliest practicable moment requires that that claim be raised before appeal if the opportunity to do so is available; that the ability to raise the issue on motion for new trial represents such an opportunity; and that the failure to seize that opportunity is a procedural bar to raising that issue at a later time.’ (Punctuation omitted; emphasis in original.) Glover v. State, 266 Ga. 183, 184 (2) ( 465 SE2d 659 ) (1996).” Howard v. State, 233 Ga. App. 724, 730 ( 505 SE2d 768 ) (199…
cited Cited as authority (rule) Wilcox v. State
Ga. Ct. App. · 1999 · confidence medium
Glover v. State, 266 Ga. 183,184 (2) ( 465 SE2d 659 ) (1996).
cited Cited as authority (rule) Ramey v. State
Ga. Ct. App. · 1998 · confidence medium
Glover v. State, 266 Ga. 183, 184 (2) ( 465 SE2d 659 ) (1996).
Retrieving the full opinion text from the archive…
Glover
v.
the State
S95A1791.
Supreme Court of Georgia.
Jan 22, 1996.
465 S.E.2d 659
Bush, Crowley, Leverett & Leggett, Michelle L. Schieber, for appellant., Charles H. Weston, District Attorney, Laura D. Hogue, Assistant District Attorney, Michael J. Bowers, Attorney General, Susan V. Boleyn, Senior Assistant Attorney General, Wesley S. Homey, Assistant Attorney General, for appellee.
Sears.
Cited by 113 opinions  |  Published
Sears, Justice.

The appellant, Wayne Glover, was convicted of the malice murder of Ronnie Merriweather and sentenced to life in prison. [1] He raises three issues on appeal. We conclude that two of them are without merit. The third issue, however, necessitates that we overrule several cases concerning when the right to raise a claim of ineffective assistance of trial counsel is procedurally barred, and that we remand Glover’s case to the trial court for a hearing on his claim of ineffective assistance of trial counsel.

1. Glover contends that the evidence is insufficient to support the verdict. We disagree, however, as the evidence was sufficient for a rational trier of fact to find that Glover and Merriweather argued at a Labor Day cookout on September 5, 1994, because Merriweather ridiculed Glover’s construction of two stereo speakers, and that Glover became angry and shot Merriweather even though Merriweather was unarmed and made no threatening gestures toward Glover. We conclude that the evidence satisfies the standard of Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2. Glover next contends that his trial counsel rendered ineffective assistance in several respects. We need not, however, address the merits of this issue, as the ineffectiveness claim has yet to be addressed by a trial court, and is either procedurally barred or subject to remand for a hearing. The relevant facts are as follows: Glover was convicted on February 15,1995, and the verdict was filed on February 23. Glover was appointed new counsel for appeal on March 6, 1995, [2] and on March 14, appellate counsel elected to file a notice of appeal rather than a motion for new trial. The issue is whether Glover’s failure to raise the ineffectiveness claim by motion for new trial before appeal, when there was an adequate opportunity to do so, is a procedural bar[*184] to raising that claim at a later time. Both this Court and the Court of Appeals have held that there is no waiver under these circumstances, but that instead the claim must be remanded to the trial court for a hearing, with the defendant having the right to appeal again if he does not prevail on remand. [3]

We conclude, however, that these cases have been incorrectly decided and must be overruled. Sixayaketh v. State, 261 Ga. 690 (410 SE2d 112) (1991); Dozier v. State, 217 Ga. App. 835, 836 (3) (459 SE2d 463) (1995); and King v. State, 208 Ga. App. 77, 78-79 (2) (430 SE2d 640) (1993) are inconsistent with the “axiomatic [rule] that a claim of ineffectiveness of trial counsel must be asserted at ‘the earliest practicable moment.’ ” [4] In cases presenting similar but not identical factual contexts as this case, we have made clear that the rule that an ineffectiveness claim must be raised “at the earliest practicable moment” requires that that claim be raised before appeal if the opportunity to do so is available; that the ability to raise the issue on motion for new trial represents such an opportunity; and that the failure to seize that opportunity is a procedural bar to raising the issue at a later time. [5] We conclude that this line of cases represents a more reasoned approach to this issue than that expressed in Sixayaketh, Dozier, and King, 6 and thus overrule Sixayaketh, Dozier, and King. Accordingly, we hold that a defendant’s failure to raise a claim of ineffectiveness before appeal under the circumstances of this case is a procedural bar to raising the claim at a later date. We also conclude, however, that, given the holdings of Sixayaketh, Dozier, and King, it would be unfair to hold that Glover is procedurally barred from rais[*185] ing his claim. We therefore remand his ineffectiveness claim to the trial court for a hearing.

Decided January 22, 1996. Bush, Crowley, Leverett & Leggett, Michelle L. Schieber, for appellant. Charles H. Weston, District Attorney, Laura D. Hogue, Assistant District Attorney, Michael J. Bowers, Attorney General, Susan V. Boleyn, Senior Assistant Attorney General, Wesley S. Homey, Assistant Attorney General, for appellee.

3. We find no merit to Glover’s remaining contention that the trial court erred by limiting Glover’s cross-examination of a witness concerning a felony charge pending against the witness.

Judgment affirmed in part and case remanded in part.

All the Justices concur.
1

The crime occurred on September 5, 1994, and Glover was indicted on October 11, 1994. A jury found him guilty on February 15,1995, and the verdict was filed on February 23, 1995. Glover filed a notice of appeal on March 14, 1995, and the court reporter certified the trial transcript on July 14, 1995. The appeal was docketed in this Court on August 7, 1995, and was orally argued on January 8, 1996.

2

The record does not reflect the date of appellate counsel’s appointment, but appellate counsel states in Glover’s brief that she was appointed on March 6, 1995.

3

Sixayaketh v. State, 261 Ga. 690 (410 SE2d 112) (1991); Dozier v. State, 217 Ga. App. 835, 836 (3) (459 SE2d 463) (1995); King v. State, 208 Ga. App. 77, 78-79 (2) (430 SE2d 640) (1993).

4

Bailey v. State, 264 Ga. 300 (443 SE2d 836) (1994).

5

Chatman v. State, 265 Ga. 177 (2) (453 SE2d 694) (1995); Bailey v. State, 264 Ga. 300 (443 SE2d 836) (1994); Owens v. State, 263 Ga. 99, 102 (428 SE2d 793) (1993); Maxwell v. State, 262 Ga. 541, 542 (3) (422 SE2d 543) (1992); Ponder v. State, 260 Ga. 840, 841 (1) (400 SE2d 922) (1991).

6

The rule of Sixayaketh, Dozier, and King — that new appellate counsel may bypass an opportunity to raise ineffectiveness of trial counsel before appeal by way of a motion for new trial and then raise the issue on appeal and be entitled to a remand to the trial court for a resolution of the issue — unnecessarily wastes judicial resources by requiring an appellate court to twice engage its machinery to fully address a defendant’s case when once would suffice (this is so if the defendant is unsuccessful through the completion of the appellate process). Further, the initial appeal and remand permitted by Sixayaketh, Dozier, and King typically will cause the initial hearing on the ineffective assistance issue to occur substantially later than if it had been heard pursuant to a motion for new trial before appeal, and will accordingly delay the final resolution of the issue as well. The initial delay in hearing the issue also creates the possibility that key participants will have difficulty recalling facts critical to resolving the claim. The foregoing problems would not arise, or would be significantly alleviated, if new appellate counsel had to raise the ineffectiveness claim before appeal by way of motion for new trial.