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19 Georgia opinions name it 1 courts 1985–2018 0 in the last five years
The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Maddox v. Stategreen2 sentences1997In Maddox v. State, 218 Ga.App. 320, 322 (1), 461 S.E.2d 286 we held that a defendant seeking acquittal under OCGA § 17-7-170 must "demonstrate strict compliance with the demand statute." The statute requires service on the prosecutor. 1997In Maddox v. State, 218 Ga.App. 320, 322 (1), 461 S.E.2d 286 we held that a defendant seeking acquittal under OCGA § 17-7-170 must "demonstrate strict compliance with the demand statute." The statute requires service on the prosecutor. | 2 | 2 |
Cook v. Stategreen2 sentences1989See Cook v. State, 183 Ga. App. 720 (1) ( 359 SE2d 716 ) (1987). 1989See Cook v. State, 183 Ga. App. 720 (1) ( 359 SE2d 716 ) (1987). | 2 | 2 |
Goodwin v. Stategreen2 sentences2015See Maddox v. State, 218 Ga. App. 320, 321 (1) ( 461 SE2d 286 ) (1995); Goodwin v. State, 202 Ga. App. 655, 656 ( 415 SE2d 472 ) (1992). 4. 2015See Maddox v. State, 218 Ga. App. 320, 321 (1) ( 461 SE2d 286 ) (1995); Goodwin v. State, 202 Ga. App. 655, 656 ( 415 SE2d 472 ) (1992). 4. | 1 | 2 |
Hubbard v. Stategreen2 sentences1999Compare Patterson v. State, 248 Ga. 875 ( 287 SE2d 7 ) (denial of double jeopardy plea is directly appealable); Hubbard v. State, 254 Ga. 694 ( 333 SE2d 827 ) (denial of demand for discharge and acquittal under OCGA § 17-7-170 is directly appealable). 1999Compare Patterson v. State, 248 Ga. 875 ( 287 SE2d 7 ) (denial of double jeopardy plea is directly appealable); Hubbard v. State, 254 Ga. 694 ( 333 SE2d 827 ) (denial of demand for discharge and acquittal under OCGA § 17-7-170 is directly appealable). | 1 | 2 |
Sechler v. Stategreen2 sentences2018Johnson v. State , 313 Ga. App. 895 , 897, 723 S.E.2d 100 (2012) ; see Sechler , 316 Ga. App. at 677 , 730 S.E.2d 142 ("The template for deciding constitutional speedy trial claims is well established and involves application of the [ Barker -Doggett ] analysis[.]") (citations omitted). 2018Johnson v. State , 313 Ga. App. 895 , 897, 723 S.E.2d 100 (2012) ; see Sechler , 316 Ga. App. at 677 , 730 S.E.2d 142 ("The template for deciding constitutional speedy trial claims is well established and involves application of the [ Barker -Doggett ] analysis[.]") (citations omitted). | 1 | 1 |
Jones v. Stategreen2 sentences2018See Jones v. State , 304 Ga. App. 445 , 448-449 (2) (b), 696 S.E.2d 346 (2010) (there was no merit to appeal from denial of speedy trial motion where the purported statutory speedy trial demand was not a separate, distinct and individual document as required by OCGA § 17-7-170 ; the defendant failed to demonstrate that he served the State with a copy of the demand; and he waived the right to speedy trial by announcing "not ready" for trial on two separate dates); compare Rogers , supra at 25 , 795 S.E.2d 328 (where the speedy trial demand was filed separately, was clearly and distinctly titled 2018See Jones v. State , 304 Ga. App. 445 , 448-449 (2) (b), 696 S.E.2d 346 (2010) (there was no merit to appeal from denial of speedy trial motion where the purported statutory speedy trial demand was not a separate, distinct and individual document as required by OCGA § 17-7-170 ; the defendant failed to demonstrate that he served the State with a copy of the demand; and he waived the right to speedy trial by announcing "not ready" for trial on two separate dates); compare Rogers , supra at 25 , 795 S.E.2d 328 (where the speedy trial demand was filed separately, was clearly and distinctly titled | 1 | 1 |
Rogers v. the Stategreen1 sentence2018See Jones v. State , 304 Ga. App. 445 , 448-449 (2) (b), 696 S.E.2d 346 (2010) (there was no merit to appeal from denial of speedy trial motion where the purported statutory speedy trial demand was not a separate, distinct and individual document as required by OCGA § 17-7-170 ; the defendant failed to demonstrate that he served the State with a copy of the demand; and he waived the right to speedy trial by announcing "not ready" for trial on two separate dates); compare Rogers , supra at 25 , 795 S.E.2d 328 (where the speedy trial demand was filed separately, was clearly and distinctly titled | 1 | 1 |
Patterson v. Stategreen2 sentences1999Compare Patterson v. State, 248 Ga. 875 ( 287 SE2d 7 ) (denial of double jeopardy plea is directly appealable); Hubbard v. State, 254 Ga. 694 ( 333 SE2d 827 ) (denial of demand for discharge and acquittal under OCGA § 17-7-170 is directly appealable). 1999Compare Patterson v. State, 248 Ga. 875 ( 287 SE2d 7 ) (denial of double jeopardy plea is directly appealable); Hubbard v. State, 254 Ga. 694 ( 333 SE2d 827 ) (denial of demand for discharge and acquittal under OCGA § 17-7-170 is directly appealable). | 1 | 1 |
State v. Stanggreen2 sentences1998See State v. Stang, 228 Ga. App. 204 ( 491 SE2d 382 ) (1997). 1998See State v. Stang, 228 Ga. App. 204 ( 491 SE2d 382 ) (1997). | 1 | 1 |
Ballew v. Stategreen2 sentences1994See Ballew v. State, 211 Ga. App. 672 ( 440 SE2d 76 ); Goodwin v. State, 202 Ga. App. 655 ( 415 SE2d 472 ); Wells v. State, 201 Ga. App. 398 ( 411 SE2d 125 ). 1994See Ballew v. State, 211 Ga. App. 672 ( 440 SE2d 76 ); Goodwin v. State, 202 Ga. App. 655 ( 415 SE2d 472 ); Wells v. State, 201 Ga. App. 398 ( 411 SE2d 125 ). | 1 | 1 |
Ould v. Stategreen1 sentence1988See Hubbard v. State, 254 Ga. 694 ( 333 SE2d 827 ) (1985); see also Cook v. State, 183 Ga. App. 720 (1) ( 359 SE2d 716 ) (1987), and Ould v. State, 186 Ga. App. 55 (1) ( 366 SE2d 55 ) (1988), a physical precedent. | 1 | 1 |
Huckeba v. Stategreen2 sentences1985Huckeba v. State, 157 Ga. App. 795, 798 ( 278 SE2d 703 ) (1981) (which did not involve the 1981 amendment to the Gwinnett County State Court Act discussed herein); Bush v. State, 152 Ga. App. 598 ( 263 SE2d 499 ) (1979). 1985Huckeba v. State, 157 Ga. App. 795, 798 ( 278 SE2d 703 ) (1981) (which did not involve the 1981 amendment to the Gwinnett County State Court Act discussed herein); Bush v. State, 152 Ga. App. 598 ( 263 SE2d 499 ) (1979). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Benton
green
2 sentences2000See OCGA § 5-7-1; State v. Benton, 246 Ga. 132 ( 269 SE2d 470 ) (1980). 2000See OCGA § 5-7-1; State v. Benton, 246 Ga. 132 ( 269 SE2d 470 ) (1980). | 2 | 1994–2000 |
State v. Adamczyk
green
2 sentences1986It is undisputed that the language of this demand met the requirements of State v. Adamczyk, 162 Ga. App. 288 ( 290 SE2d 149 ) (1982), so as to invoke the automatic acquittal provisions of OCGA § 17-7-170 (a). 1986It is undisputed that the language of this demand met the requirements of State v. Adamczyk, 162 Ga. App. 288 ( 290 SE2d 149 ) (1982), so as to invoke the automatic acquittal provisions of OCGA § 17-7-170 (a). | 2 | 1985–1986 |
Webb v. State
green
2 sentences2018OCGA § 17-7-170 (a) states in pertinent part: "[T]he demand for speedy trial shall be filed with the clerk of court and served upon the prosecutor and upon the judge to whom the case is assigned or, if the case is not assigned, upon the chief judge of the court in which the case is pending." See Webb v. State , 278 Ga. App. 9 , 10 (1), 627 S.E.2d 925 (2006) (The trial court correctly denied the defendant's demand for discharge and acquittal under OCGA § 17-7-170 because the certificate of service did not show that the motion was served on either the prosecutor or the judge.). 407 U.S. 514 , 53 2018OCGA § 17-7-170 (a) states in pertinent part: "[T]he demand for speedy trial shall be filed with the clerk of court and served upon the prosecutor and upon the judge to whom the case is assigned or, if the case is not assigned, upon the chief judge of the court in which the case is pending." See Webb v. State , 278 Ga. App. 9 , 10 (1), 627 S.E.2d 925 (2006) (The trial court correctly denied the defendant's demand for discharge and acquittal under OCGA § 17-7-170 because the certificate of service did not show that the motion was served on either the prosecutor or the judge.). 407 U.S. 514 , 53 | 1 | 2018–2018 |
Hudson v. State
green
2 sentences2018See Jones v. State , 304 Ga. App. 445 , 448-449 (2) (b), 696 S.E.2d 346 (2010) (there was no merit to appeal from denial of speedy trial motion where the purported statutory speedy trial demand was not a separate, distinct and individual document as required by OCGA § 17-7-170 ; the defendant failed to demonstrate that he served the State with a copy of the demand; and he waived the right to speedy trial by announcing "not ready" for trial on two separate dates); compare Rogers , supra at 25 , 795 S.E.2d 328 (where the speedy trial demand was filed separately, was clearly and distinctly titled 2018See Jones v. State , 304 Ga. App. 445 , 448-449 (2) (b), 696 S.E.2d 346 (2010) (there was no merit to appeal from denial of speedy trial motion where the purported statutory speedy trial demand was not a separate, distinct and individual document as required by OCGA § 17-7-170 ; the defendant failed to demonstrate that he served the State with a copy of the demand; and he waived the right to speedy trial by announcing "not ready" for trial on two separate dates); compare Rogers , supra at 25 , 795 S.E.2d 328 (where the speedy trial demand was filed separately, was clearly and distinctly titled | 1 | 2018–2018 |
Johnson v. State
green
2 sentences2018Johnson v. State , 313 Ga. App. 895 , 897, 723 S.E.2d 100 (2012) ; see Sechler , 316 Ga. App. at 677 , 730 S.E.2d 142 ("The template for deciding constitutional speedy trial claims is well established and involves application of the [ Barker -Doggett ] analysis[.]") (citations omitted). 2018Johnson v. State , 313 Ga. App. 895 , 897, 723 S.E.2d 100 (2012) ; see Sechler , 316 Ga. App. at 677 , 730 S.E.2d 142 ("The template for deciding constitutional speedy trial claims is well established and involves application of the [ Barker -Doggett ] analysis[.]") (citations omitted). | 1 | 2018–2018 |
Barker v. Wingo
green
2 sentences2018OCGA § 17-7-170 (a) states in pertinent part: "[T]he demand for speedy trial shall be filed with the clerk of court and served upon the prosecutor and upon the judge to whom the case is assigned or, if the case is not assigned, upon the chief judge of the court in which the case is pending." See Webb v. State , 278 Ga. App. 9 , 10 (1), 627 S.E.2d 925 (2006) (The trial court correctly denied the defendant's demand for discharge and acquittal under OCGA § 17-7-170 because the certificate of service did not show that the motion was served on either the prosecutor or the judge.). 407 U.S. 514 , 53 2018OCGA § 17-7-170 (a) states in pertinent part: "[T]he demand for speedy trial shall be filed with the clerk of court and served upon the prosecutor and upon the judge to whom the case is assigned or, if the case is not assigned, upon the chief judge of the court in which the case is pending." See Webb v. State , 278 Ga. App. 9 , 10 (1), 627 S.E.2d 925 (2006) (The trial court correctly denied the defendant's demand for discharge and acquittal under OCGA § 17-7-170 because the certificate of service did not show that the motion was served on either the prosecutor or the judge.). 407 U.S. 514 , 53 | 1 | 2018–2018 |
Weldon v. State
green
2 sentences2003Following this Court’s reversal of his conviction for sale of cocaine, possession of cocaine with intent to distribute, and obstruction or hindering of an officer in Weldon v. State, 247 Ga. App. 17 ( 543 SE2d 56 ) (2000), Weldon appeals the trial court’s denial of his motion for discharge and acquittal pursuant to OCGA § 17-7-170 and the Constitutions of the United States and the State of Georgia. 2003Following this Court’s reversal of his conviction for sale of cocaine, possession of cocaine with intent to distribute, and obstruction or hindering of an officer in Weldon v. State, 247 Ga. App. 17 ( 543 SE2d 56 ) (2000), Weldon appeals the trial court’s denial of his motion for discharge and acquittal pursuant to OCGA § 17-7-170 and the Constitutions of the United States and the State of Georgia. | 1 | 2003–2003 |
Freeman v. State
green
2 sentences2003Freeman v. State, 232 Ga. App. 715 (2) ( 503 SE2d 601 ) (1998); Little v. State, 188 Ga. App. 410 (1) ( 373 SE2d 260 ) (1988). 2. 2003Freeman v. State, 232 Ga. App. 715 (2) ( 503 SE2d 601 ) (1998); Little v. State, 188 Ga. App. 410 (1) ( 373 SE2d 260 ) (1988). 2. | 1 | 2003–2003 |
Little v. State
green
2 sentences2003Freeman v. State, 232 Ga. App. 715 (2) ( 503 SE2d 601 ) (1998); Little v. State, 188 Ga. App. 410 (1) ( 373 SE2d 260 ) (1988). 2. 2003Freeman v. State, 232 Ga. App. 715 (2) ( 503 SE2d 601 ) (1998); Little v. State, 188 Ga. App. 410 (1) ( 373 SE2d 260 ) (1988). 2. | 1 | 2003–2003 |
Smith v. State
green
1 sentence2001On the contrary, the Supreme Court’s decision in Hubbard , like this Court’s decision in Smith, supra, is based squarely on the automatic acquittal feature of OCGA § 17-7-170. | 1 | 2001–2001 |
Ferris v. State
green
2 sentences1994In Ferris v. State, 172 Ga. App. 729 (1) ( 324 SE2d 762 ) (1984), we found the defendant’s demand which sought a “speed[y] trial of any or all charges” was insufficient to invoke the sanction of acquittal of OCGA § 17-7-170 solely because it did not identify the charges against the defendant by name, date, term of court or case number. 1994In Ferris v. State, 172 Ga. App. 729 (1) ( 324 SE2d 762 ) (1984), we found the defendant’s demand which sought a “speed[y] trial of any or all charges” was insufficient to invoke the sanction of acquittal of OCGA § 17-7-170 solely because it did not identify the charges against the defendant by name, date, term of court or case number. | 1 | 1994–1994 |
Wells v. State
green
2 sentences1994See Ballew v. State, 211 Ga. App. 672 ( 440 SE2d 76 ); Goodwin v. State, 202 Ga. App. 655 ( 415 SE2d 472 ); Wells v. State, 201 Ga. App. 398 ( 411 SE2d 125 ). 1994See Ballew v. State, 211 Ga. App. 672 ( 440 SE2d 76 ); Goodwin v. State, 202 Ga. App. 655 ( 415 SE2d 472 ); Wells v. State, 201 Ga. App. 398 ( 411 SE2d 125 ). | 1 | 1994–1994 |
Bennett v. State
green
2 sentences1989Bennett v. State, 158 Ga. App. 421 ( 280 SE2d 429 )) is clearly erroneous. 1989Bennett v. State, 158 Ga. App. 421 ( 280 SE2d 429 )) is clearly erroneous. | 1 | 1989–1989 |
Bush v. State
green
2 sentences1985Huckeba v. State, 157 Ga. App. 795, 798 ( 278 SE2d 703 ) (1981) (which did not involve the 1981 amendment to the Gwinnett County State Court Act discussed herein); Bush v. State, 152 Ga. App. 598 ( 263 SE2d 499 ) (1979). 1985Huckeba v. State, 157 Ga. App. 795, 798 ( 278 SE2d 703 ) (1981) (which did not involve the 1981 amendment to the Gwinnett County State Court Act discussed herein); Bush v. State, 152 Ga. App. 598 ( 263 SE2d 499 ) (1979). | 1 | 1985–1985 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.