Wilson motion (Georgia) · Go Syfert
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Wilson motion in Georgia

34 Georgia opinions name it 2 courts 1973–2026 3 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.

Followed or applied (32)

CaseFollowedCited
Brown v. Stategreen
ga · 2014 · cited in 2 Georgia opinions naming this issue, 2017–2017
2 sentences

2017See Ballard v. State, 297 Ga. 248, 251 (4) ( 773 SE2d 254 ) (2015) (motion to bifurcate is properly denied where felon-in-possession count serves as predicate for felony murder); Brown v. State, 295 Ga. 804, 806 (3) ( 764 SE2d 376 ) (2014) (same).

2017See Ballard v. State, 297 Ga. 248, 251 (4) ( 773 SE2d 254 ) (2015) (motion to bifurcate is properly denied where felon-in-possession count serves as predicate for felony murder); Brown v. State, 295 Ga. 804, 806 (3) ( 764 SE2d 376 ) (2014) (same).

22
Ballard v. State v. Stategreen
ga · 2015 · cited in 2 Georgia opinions naming this issue, 2017–2017
2 sentences

2017See Ballard v. State, 297 Ga. 248, 251 (4) ( 773 SE2d 254 ) (2015) (motion to bifurcate is properly denied where felon-in-possession count serves as predicate for felony murder); Brown v. State, 295 Ga. 804, 806 (3) ( 764 SE2d 376 ) (2014) (same).

2017See Ballard v. State, 297 Ga. 248, 251 (4) ( 773 SE2d 254 ) (2015) (motion to bifurcate is properly denied where felon-in-possession count serves as predicate for felony murder); Brown v. State, 295 Ga. 804, 806 (3) ( 764 SE2d 376 ) (2014) (same).

22
Jackson v. Virginiared
scotus · 1979 · cited in 2 Georgia opinions naming this issue, 1993–1998
2 sentences

1998This evidence is sufficient to meet the standard of proof required by Jackson v. Virginia, supra, and the trial court therefore did not err in denying Wilson’s motion for a directed verdict of acquittal.

1993The question for this court in reviewing the denial of a motion for directed verdict under OCGA § 17-9-1 is whether the evidence was sufficient under Jackson v. Virginia, 443 U. S. 307, 310 (99 SC 2781, 61 LE2d 560) (1979); Humphrey v. State, 252 Ga. 525, 527 ( 314 SE2d 436 ) (1984).

12
Dunbar v. Stategreen
ga · 2020 · cited in 1 Georgia opinions naming this issue, 2021–2021
2 sentences

2021See Dunbar, 309 Ga. at 258 (3).

2021See Dunbar, 309 Ga. at 258 (3).

11
Adams v. Stategreen
ga · 2011 · cited in 1 Georgia opinions naming this issue, 2021–2021
1 sentence

2021See Adams, 288 Ga. at 703 (Hunstein, C.J., concurring specially). 13 But this is not the case for us to reconsider Adams, because we are reviewing Wilson’s claim for plain error, and plain error cannot be based on an extension of existing precedent, much less on the overruling of existing precedent.

11
Bell v. Cohrangreen
gactapp · 2000 · cited in 1 Georgia opinions naming this issue, 2019–2019
2 sentences

2019See Bell v. Cohran, 244 Ga. App. 510 , 510- 511 ( 536 SE2d 187 ) (2000); Savage v. Newsome, 173 Ga. App. 271, 271 ( 326 SE2d 5 ) (1985). to Set Aside” the summary judgment order, filed in this Court on December 3, 2018, and her motions to supplement the record, filed in this Court on January 3, 2019 and January 7, 2019, likewise are DENIED as MOOT.

2019See Bell v. Cohran, 244 Ga. App. 510 , 510- 511 ( 536 SE2d 187 ) (2000); Savage v. Newsome, 173 Ga. App. 271, 271 ( 326 SE2d 5 ) (1985). to Set Aside” the summary judgment order, filed in this Court on December 3, 2018, and her motions to supplement the record, filed in this Court on January 3, 2019 and January 7, 2019, likewise are DENIED as MOOT.

11
Moody v. Stategreen
gactapp · 1914 · cited in 1 Georgia opinions naming this issue, 2019–2019
1 sentence

2019Cf. Mimms v. State, 254 Ga. App. 483, 485-86 (1) ( 562 SE2d 754 ) (2002) (trial court did not err in denying a motion for new trial without a hearing when the defendant’s attorney failed to show up to the scheduled hearing without a valid leave of absence in place), aff’d sub nom., Jones v. State, 276 10 Ga. 171 ( 575 SE2d 456 ) (2003); Page v. Ginn, 187 Ga. App. 143, 145 (1) ( 369 SE2d 517 ) (1988) (trial court was “justified in deciding the motion [for new trial] on the briefs originally submitted” where parties had abandoned their right to a hearing on the motion); Moody v. State, 14 Ga. Ap

11
Page v. Guingreen
gactapp · 1988 · cited in 1 Georgia opinions naming this issue, 2019–2019
2 sentences

2019Cf. Mimms v. State, 254 Ga. App. 483, 485-86 (1) ( 562 SE2d 754 ) (2002) (trial court did not err in denying a motion for new trial without a hearing when the defendant’s attorney failed to show up to the scheduled hearing without a valid leave of absence in place), aff’d sub nom., Jones v. State, 276 10 Ga. 171 ( 575 SE2d 456 ) (2003); Page v. Ginn, 187 Ga. App. 143, 145 (1) ( 369 SE2d 517 ) (1988) (trial court was “justified in deciding the motion [for new trial] on the briefs originally submitted” where parties had abandoned their right to a hearing on the motion); Moody v. State, 14 Ga. Ap

2019Cf. Mimms v. State, 254 Ga. App. 483, 485-86 (1) ( 562 SE2d 754 ) (2002) (trial court did not err in denying a motion for new trial without a hearing when the defendant’s attorney failed to show up to the scheduled hearing without a valid leave of absence in place), aff’d sub nom., Jones v. State, 276 10 Ga. 171 ( 575 SE2d 456 ) (2003); Page v. Ginn, 187 Ga. App. 143, 145 (1) ( 369 SE2d 517 ) (1988) (trial court was “justified in deciding the motion [for new trial] on the briefs originally submitted” where parties had abandoned their right to a hearing on the motion); Moody v. State, 14 Ga. Ap

11
Savage v. Newsomegreen
gactapp · 1985 · cited in 1 Georgia opinions naming this issue, 2019–2019
2 sentences

2019See Bell v. Cohran, 244 Ga. App. 510 , 510- 511 ( 536 SE2d 187 ) (2000); Savage v. Newsome, 173 Ga. App. 271, 271 ( 326 SE2d 5 ) (1985). to Set Aside” the summary judgment order, filed in this Court on December 3, 2018, and her motions to supplement the record, filed in this Court on January 3, 2019 and January 7, 2019, likewise are DENIED as MOOT.

2019See Bell v. Cohran, 244 Ga. App. 510 , 510- 511 ( 536 SE2d 187 ) (2000); Savage v. Newsome, 173 Ga. App. 271, 271 ( 326 SE2d 5 ) (1985). to Set Aside” the summary judgment order, filed in this Court on December 3, 2018, and her motions to supplement the record, filed in this Court on January 3, 2019 and January 7, 2019, likewise are DENIED as MOOT.

11
Mimms v. Stategreen
gactapp · 2002 · cited in 1 Georgia opinions naming this issue, 2019–2019
2 sentences

2019Cf. Mimms v. State, 254 Ga. App. 483, 485-86 (1) ( 562 SE2d 754 ) (2002) (trial court did not err in denying a motion for new trial without a hearing when the defendant’s attorney failed to show up to the scheduled hearing without a valid leave of absence in place), aff’d sub nom., Jones v. State, 276 10 Ga. 171 ( 575 SE2d 456 ) (2003); Page v. Ginn, 187 Ga. App. 143, 145 (1) ( 369 SE2d 517 ) (1988) (trial court was “justified in deciding the motion [for new trial] on the briefs originally submitted” where parties had abandoned their right to a hearing on the motion); Moody v. State, 14 Ga. Ap

2019Cf. Mimms v. State, 254 Ga. App. 483, 485-86 (1) ( 562 SE2d 754 ) (2002) (trial court did not err in denying a motion for new trial without a hearing when the defendant’s attorney failed to show up to the scheduled hearing without a valid leave of absence in place), aff’d sub nom., Jones v. State, 276 10 Ga. 171 ( 575 SE2d 456 ) (2003); Page v. Ginn, 187 Ga. App. 143, 145 (1) ( 369 SE2d 517 ) (1988) (trial court was “justified in deciding the motion [for new trial] on the briefs originally submitted” where parties had abandoned their right to a hearing on the motion); Moody v. State, 14 Ga. Ap

11
Rubiani v. Stategreen
ga · 2005 · cited in 1 Georgia opinions naming this issue, 2017–2017
2 sentences

2017See Rubiani v. State, 279 Ga. 299 , 299 n.1 ( 612 SE2d 798 ) (2005) (the substance of a motion, rather than its nomenclature, controls).

2017See Rubiani v. State, 279 Ga. 299 , 299 n.1 ( 612 SE2d 798 ) (2005) (the substance of a motion, rather than its nomenclature, controls).

11
Kelley v. BLUE LINE CARRIERS, LLCgreen
gactapp · 2009 · cited in 1 Georgia opinions naming this issue, 2014–2014
1 sentence

2014See Kelley v. Blue Line Carriers, 300 Ga. App. at 580 (2).

11
Lawrence v. Stategreen
gactapp · 1981 · cited in 1 Georgia opinions naming this issue, 2011–2011
2 sentences

2011“A witness who satisfactorily shows that he had opportunity to observe, and did observe, the condition of another, may testify whether that person was under the influence of intoxicants and the extent thereof, stating the facts upon which the opinion is based.” Lawrence v. State, 157 Ga. App. 264, 265 ( 277 SE2d 60 ) (1981).

2011“A witness who satisfactorily shows that he had opportunity to observe, and did observe, the condition of another, may testify whether that person was under the influence of intoxicants and the extent thereof, stating the facts upon which the opinion is based.” Lawrence v. State, 157 Ga. App. 264, 265 ( 277 SE2d 60 ) (1981).

11
Mitchell v. Stategreen
gactapp · 2001 · cited in 1 Georgia opinions naming this issue, 2010–2010
2 sentences

2010See Mitchell v. State, 250 Ga. App. 292, 296 (2) (a) ( 551 SE2d 404 ) (2001).

2010See Mitchell v. State, 250 Ga. App. 292, 296 (2) (a) ( 551 SE2d 404 ) (2001).

11
Smith v. Stategreen
gactapp · 2006 · cited in 1 Georgia opinions naming this issue, 2010–2010
2 sentences

2010If “the issue of trial counsel’s effectiveness has been raised . . . any claims of ineffective assistance by trial counsel not raised at that time are waived.” (Punctuation omitted.) Smith v. State, 282 Ga. App. 339, 344 (4) ( 638 SE2d 791 ) (2006). 11 The State claims that Wilson did not raise any grounds of ineffective assistance of counsel before the trial court, and this Court should, therefore, decline to review this enumeration of error.

2010If “the issue of trial counsel’s effectiveness has been raised . . . any claims of ineffective assistance by trial counsel not raised at that time are waived.” (Punctuation omitted.) Smith v. State, 282 Ga. App. 339, 344 (4) ( 638 SE2d 791 ) (2006). 11 The State claims that Wilson did not raise any grounds of ineffective assistance of counsel before the trial court, and this Court should, therefore, decline to review this enumeration of error.

11
Fisch v. Randall Mill Corp.green
ga · 1993 · cited in 1 Georgia opinions naming this issue, 2010–2010
2 sentences

2010Under OCGA § 44-5-168, “the owner of the mineral rights loses them by nonuse plus nonpayment of taxes, as opposed to losing such rights by adverse possession of the fee simple owner.” Fisch v. Randall Mill Corp., 262 Ga. 861, 861 (1) ( 426 SE2d 883 ) (1993) *476 (citation and punctuation omitted).

2010Under OCGA § 44-5-168, “the owner of the mineral rights loses them by nonuse plus nonpayment of taxes, as opposed to losing such rights by adverse possession of the fee simple owner.” Fisch v. Randall Mill Corp., 262 Ga. 861, 861 (1) ( 426 SE2d 883 ) (1993) *476 (citation and punctuation omitted).

11
Glover v. Stategreen
gactapp · 2002 · cited in 1 Georgia opinions naming this issue, 2010–2010
2 sentences

2010See also Glover v. State, 258 Ga. App. 527, 529 ( 574 SE2d 565 ) (2002). 10 To the extent that Wilson contends that his counsel was ineffective for failing to inform him about statutory requirements for imposing a recidivist sentence or for allowing him to plead guilty to three counts that should have been merged for sentencing (which Wilson styles as a double jeopardy violation), Wilson’s claim is procedurally barred because he failed to raise these claims before the trial court.

2010See also Glover v. State, 258 Ga. App. 527, 529 ( 574 SE2d 565 ) (2002). 10 To the extent that Wilson contends that his counsel was ineffective for failing to inform him about statutory requirements for imposing a recidivist sentence or for allowing him to plead guilty to three counts that should have been merged for sentencing (which Wilson styles as a double jeopardy violation), Wilson’s claim is procedurally barred because he failed to raise these claims before the trial court.

11
Gearin v. Stategreen
gactapp · 2002 · cited in 1 Georgia opinions naming this issue, 2006–2006
2 sentences

2006See, e.g., Gearin v. State, 255 Ga. App. 329, 333 (1) ( 565 SE2d 540 ) (2002).

2006See, e.g., Gearin v. State, 255 Ga. App. 329, 333 (1) ( 565 SE2d 540 ) (2002).

11
Shelton v. Stategreen
gactapp · 2003 · cited in 1 Georgia opinions naming this issue, 2003–2003
2 sentences

2003See Shelton v. State, 260 Ga. App. 855 ( 581 SE2d 378 ) (2003) (conflicts in the evidence are matters for the jury to resolve).

2003See Shelton v. State, 260 Ga. App. 855 ( 581 SE2d 378 ) (2003) (conflicts in the evidence are matters for the jury to resolve).

11
Tucker v. Stynchcombegreen
ga · 1977 · cited in 1 Georgia opinions naming this issue, 2000–2000
2 sentences

2000See also Tucker v. Stynchcombe, 239 Ga. 356 ( 236 SE2d 623 ) (1977).

2000See also Tucker v. Stynchcombe, 239 Ga. 356 ( 236 SE2d 623 ) (1977).

11
Aikens v. Stategreen
gactapp · 2000 · cited in 1 Georgia opinions naming this issue, 2000–2000
2 sentences

2000The superior court no longer had jurisdiction to consider Wilson’s motion to withdraw because the term of court in which the judgment of conviction was entered had expired. 2 Aikens v. State, 241 Ga. App. 816, 817 ( 527 SE2d 916 ) (2000).

2000The superior court no longer had jurisdiction to consider Wilson’s motion to withdraw because the term of court in which the judgment of conviction was entered had expired. 2 Aikens v. State, 241 Ga. App. 816, 817 ( 527 SE2d 916 ) (2000).

11
Spann v. Whitworthgreen
ga · 1992 · cited in 1 Georgia opinions naming this issue, 2000–2000
11
Mize v. Stategreen
gactapp · 1988 · cited in 1 Georgia opinions naming this issue, 1999–1999
11
Diaz v. Stategreen
ga · 1993 · cited in 1 Georgia opinions naming this issue, 1999–1999
11
Ely v. Stategreen
gactapp · 1989 · cited in 1 Georgia opinions naming this issue, 1997–1997
11
Linares v. Stategreen
ga · 1996 · cited in 1 Georgia opinions naming this issue, 1997–1997
11
Monell v. New York City Dept. of Social Servs.green
scotus · 1978 · cited in 1 Georgia opinions naming this issue, 1994–1994
11
Humphrey v. Stategreen
ga · 1984 · cited in 1 Georgia opinions naming this issue, 1993–1993
11
Durden v. Stategreen
ga · 1982 · cited in 1 Georgia opinions naming this issue, 1988–1988
11
Hickman v. Stategreen
gactapp · 1988 · cited in 1 Georgia opinions naming this issue, 1988–1988
11
Dupree v. Stategreen
ga · 1981 · cited in 1 Georgia opinions naming this issue, 1988–1988
11
Wilson v. Northside Plumbing Co.green
gactapp · 1971 · cited in 1 Georgia opinions naming this issue, 1973–1973
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (16)

CaseCitedYears
City of Atlanta v. Wilson green
ga · 1877
2 sentences

2026Wilson’s claim was not that the embankment itself should have been designed differently, or not constructed at all, but that the city was negligent in failing to “erect any railing or other means of protection along the embankment, for 31 the safety of vehicles.” Wilson, 59 Ga. at 544 .

2026Wilson’s claim was not that the embankment itself should have been designed differently, or not constructed at all, but that the city was negligent in failing to “erect any railing or other means of protection along the embankment, for 31 the safety of vehicles.” Wilson, 59 Ga. at 544 .

22026–2026
Black v. State neutral
gactapp · 1914
1 sentence

2019Cf. Mimms v. State, 254 Ga. App. 483, 485-86 (1) ( 562 SE2d 754 ) (2002) (trial court did not err in denying a motion for new trial without a hearing when the defendant’s attorney failed to show up to the scheduled hearing without a valid leave of absence in place), aff’d sub nom., Jones v. State, 276 10 Ga. 171 ( 575 SE2d 456 ) (2003); Page v. Ginn, 187 Ga. App. 143, 145 (1) ( 369 SE2d 517 ) (1988) (trial court was “justified in deciding the motion [for new trial] on the briefs originally submitted” where parties had abandoned their right to a hearing on the motion); Moody v. State, 14 Ga. Ap

12019–2019
Jones v. State green
ga · 2003
1 sentence

2019Cf. Mimms v. State, 254 Ga. App. 483, 485-86 (1) ( 562 SE2d 754 ) (2002) (trial court did not err in denying a motion for new trial without a hearing when the defendant’s attorney failed to show up to the scheduled hearing without a valid leave of absence in place), aff’d sub nom., Jones v. State, 276 10 Ga. 171 ( 575 SE2d 456 ) (2003); Page v. Ginn, 187 Ga. App. 143, 145 (1) ( 369 SE2d 517 ) (1988) (trial court was “justified in deciding the motion [for new trial] on the briefs originally submitted” where parties had abandoned their right to a hearing on the motion); Moody v. State, 14 Ga. Ap

12019–2019
La Cosecha, Inc. v. Hall green
gactapp · 2000
2 sentences

2019"In reviewing the grant or denial of a motion for summary judgment, we apply a de novo standard of review and consider the evidence with all reasonable inferences therefrom in favor of the party opposing summary judgment." (Citation omitted.) La Cosecha, Inc. v. Hall , 246 Ga. App. 441 , 442, 540 S.E.2d 659 (2000).

2019"In reviewing the grant or denial of a motion for summary judgment, we apply a de novo standard of review and consider the evidence with all reasonable inferences therefrom in favor of the party opposing summary judgment." (Citation omitted.) La Cosecha, Inc. v. Hall , 246 Ga. App. 441 , 442, 540 S.E.2d 659 (2000).

12019–2019
Wilson v. State green
ga · 2000
1 sentence

2018In so doing, we expressly pretermitted and did not decide "whether Wilson's motion was properly filed in the court in which he was convicted." Id.

12018–2018
Plaza Properties, Ltd. v. Prime Business Investments, Inc. green
ga · 2000
1 sentence

2018In so doing, we expressly pretermitted and did not decide “whether Wilson’s motion was properly filed in the court in which he was convicted.” Id.

12018–2018
State v. Pickett green
ga · 2011
1 sentence

2011Pretermitting whether a delay of eleven months and ten days is presumptively prejudicial, see Pickett, supra, we conclude that Wilson has not met his burden under the second stage of the Barker inquiry.

12011–2011
Wilson v. State green
gactapp · 1993
1 sentence

2004Id. at 439 .

12004–2004
Casario v. State neutral
gactapp · 1984
2 sentences

2000Pretermitting whether Wilson’s motion was properly filed in the court in which he was convicted, see Casario v. State, 169 Ga. App. 515 ( 313 SE2d 772 ) (1984), the court did not err in denying the motion. “[T]he provisions in OCGA §§ 17-10-9; 17-10-11 for crediting prison sentences with time spent in confinement applies only to persons who would not be confined but for the charges which give rise to the sentence for which credit is sought.” Spann v. Whitworth, 262 Ga. 21, 23-24 (2) ( 413 SE2d 713 ) (1992).

2000Pretermitting whether Wilson’s motion was properly filed in the court in which he was convicted, see Casario v. State, 169 Ga. App. 515 ( 313 SE2d 772 ) (1984), the court did not err in denying the motion. “[T]he provisions in OCGA §§ 17-10-9; 17-10-11 for crediting prison sentences with time spent in confinement applies only to persons who would not be confined but for the charges which give rise to the sentence for which credit is sought.” Spann v. Whitworth, 262 Ga. 21, 23-24 (2) ( 413 SE2d 713 ) (1992).

12000–2000
State v. Bymes green
ga · 1989
11994–1994
Moore v. State green
gactapp · 1988
11993–1993
Larkin v. State green
ga · 1981
11988–1988
James v. State green
ga · 1983
11988–1988
Terry v. Ohio green
scotus · 1968
11986–1986
Frankum v. State green
gactapp · 1985
11986–1986
Anderson v. State green
gactapp · 1970
11986–1986

Statutes the citing opinions construe

GA § 17-10-11 (3) GA § 24-4-404 (3) GA § 5-5-20 (3)

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.

Where else courts name it

TX 48 (1924–2025) IL 44 (1982–2024) CA 43 (1946–2025) GA 34 (1973–2026) OH 31 (1996–2025) NJ 31 (1982–2022) IN 26 (1977–2023) FL 23 (1990–2026) WA 22 (1981–2024) AL 19 (1993–2025) MS 19 (1993–2026) NY 15 (1913–2019) PA 13 (2011–2025) MO 12 (1968–2021) VA 11 (1976–2025) IA 11 (1963–2021) KS 10 (1998–2026) NC 10 (1958–2022) AR 10 (1998–2025) MD 10 (1974–2025) MI 8 (1973–2024) MT 8 (1982–2024) AZ 7 (1989–2024) HI 7 (1999–2014) WI 6 (1988–2026) CT 5 (1994–2023) OK 4 (1993–2002) OR 4 (1912–2025) KY 4 (1999–2026) CO 4 (1983–2024) ME 3 (1994–2012) TN 3 (2003–2004) SC 3 (2002–2025) DE 3 (1999–2019) LA 3 (1995–2012) NE 2 (1990–2008) UT 2 (2009–2025) DC 2 (1998–2013) MN 2 (1996–2017) WY 2 (2002–2024) NM 2 (2008–2009)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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