Cuvas v. State (2010)

green · 37 citation events across 2 courts. Showing the 13 strongest citers on record (one row per citing case, strongest signal kept).

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green Calloway v. State (2012)

Rule Authority · Ga. Ct. App. · 3 citations in this opinion

VI. 9 Shaw v. State, 251 Ga. 109, 111 ( 303 SE2d 448 ) (1983) (punctuation omitted). 10 Id. 11 Id. 12 The record suggests that Calloway’s prior counsel withdrew due to having conflicts with Calloway. 13 Compare Shaw, 251 Ga. at 109 (defendant sought new counsel 76 days before commencement of trial); Turman v. State, 272 Ga. App. 570, 571 ( 613 SE2d 126 ) (2005) (physical precedent only) (defendant sought new counsel the week before trial). 14 Compare Shaw, 251 Ga. at 112 (fa…

green Thompson v. the State (2015)

Rule Authority · Ga. Ct. App. · 2 citations in this opinion

If the defendant’s sentence falls within the statutory range of punishment for the crime set by the legislature, a presumption arises that the sentence does not violate the Eighth Amendment, and the “presumption remains until a defendant sets forth a factual predicate showing that such legislatively authorized punishment was so overly severe or excessive in proportion to the offense as to shock the conscience.” (Citation omitted.) Cuvas v. State, 306 Ga. App. 679, 683 (2) ( …

green Minor v. State (2012)

Quote Authority · Ga. Ct. App. · 2 citations in this opinion

We find this argument unpersuasive. 11 (Punctuation omitted.) Bond v. State, 271 Ga. App. 849, 853 (2) ( 610 SE2d 609 ) (2005). 12 See Smith v. State, 264 Ga. 857, 859 (3) ( 452 SE2d 494 ) (1995). 13 See McGhee v. State, 303 Ga. App. 297, 300, n. 14 ( 692 SE2d 864 ) (2010). 14 See Baez v. State, 297 Ga. App. 893, 895 (1) ( 678 SE2d 583 ) (2009). 15 466 U. S. 668, 687 (104 SC 2052, 80 LE2d 674) (1984). 16 (Citations and punctuation omitted.) Jackson v. State, 284 Ga. App. 619…

“When trial counsel’s failure to file a motion to suppress is the basis for a claim of ineffective assistance, the defendant must make a strong showing that the damaging evidence would have been suppressed had counsel made the motion.”

green Vincent Lamont Easley, Jr. v. State (2019)

Rule Authority · Ga. Ct. App.

Although another lawyer may have conducted the defense in a different manner and taken another course of action, the fact that [the Appellant] and his present counsel disagree with the decisions made by trial counsel does not require a finding that [the Appellant’s] original representation was inadequate.39 We also find no error in the trial court’s decision that the Appellant’s custodial statement was freely and voluntarily given.40 Thus, the Appellant has failed to meet 38…

defense counsel’s failure to request a Jackson-Denno hearing not ineffective assistance because the defendant failed to show that her custodial statements were involuntary

green Bray v. the State (2015)

Rule Authority · Ga. Ct. App.

If the defendant’s sentence falls within the statutory range of punishment set by the legislature, a presumption arises that the sentence does not violate the Eighth Amendment, and the “presumption remains until a defendant sets forth a factual predicate showing that such legislatively authorized punishment was so overly severe or excessive in proportion to the offense as to shock the conscience.” (Citation omitted.) Cuvas v. State, 306 Ga. App. 679, 683 (2) ( 703 SE2d 116 )…

green Mark Bay Jones v. State (2014)

Rule Authority · Ga. Ct. App.

If the sentence falls within the statutory range of punishment set by the legislature, the presumption is that the sentence does not violate the Eighth Amendment, and the “presumption remains until a defendant sets forth a factual predicate showing that such legislatively authorized punishment was so overly severe or excessive in proportion to the offense as to shock the conscience.” (Citation omitted.) Cuvas v. State, 306 Ga. App. 679, 683 (2) ( 703 SE2d 116 ) (2010).

green Jones v. State (2014)

Rule Authority · Ga. Ct. App.

green Middleton v. State (2011)

Rule Authority · Ga. Ct. App.

Significantly, however, “[a] presumption arises when a defendant is sentenced within the statutory limits set by the legislature that such sentence does not violate the Eighth Amendment’s guarantee against cruel and unusual punishment.” (Citation omitted.) Cuvas v. State, 306 Ga. App. 679, 683 (2) ( 703 SE2d 116 ) (2010).

green Oniel W. Clarke v. State (2020)

Cited (see also) · Ga. Ct. App. · signal: see also · 2 citations in this opinion

See also Cuvas v. State, 306 Ga. App. 679, 681 (1) (b) ( 703 SE2d 116 ) (2010) (counsel’s failure to seek a Jackson-Denno hearing not ineffective where defendant failed to establish that her statement was not freely and voluntarily given).

green Calhoun v. State (2014)

Cited · Ga. Ct. App. · signal: see · 2 citations in this opinion

See Cuvas v. State, 306 Ga. App. 679, 681 (1) (b) ( 703 SE2d 116 ) (2010) (counsel’s failure to file meritless motion is not ineffective assistance).

green James M. Calhoun v. State (2014)

Cited · Ga. Ct. App. · signal: see · 2 citations in this opinion

See Cuvas v. State, 306 Ga. App. 679, 681 (1) (b) ( 703 SE2d 116 ) (2010) (counsel’s failure to file meritless motion is not ineffective assistance).

green Maurice Emeil Brooks v. State (2013)

Cited · Ga. Ct. App. · signal: see · 2 citations in this opinion

See Cuvas v. State, 306 Ga. App. 679, 681 (1) (b) ( 703 SE2d 116 ) (2010). 7 c.

green Brooks v. State (2013)

Cited · Ga. Ct. App. · signal: see · 2 citations in this opinion

See Cuvas v. State, 306 Ga. App. 679, 681 (1) (b) ( 703 SE2d 116 ) (2010). (c) Brooks contends that his trial counsel was ineffective in failing to timely object during closing argument when the prosecutor made statements of prejudicial matters not in evidence, contrary to OCGA § 17-8-75.