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

19 Georgia opinions name it 2 courts 1978–2022 1 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 (13)

CaseFollowedCited
Huguley v. Stategreen
ga · 1985 · cited in 3 Georgia opinions naming this issue, 1985–1997
2 sentences

1997See Fields v. State, 189 Ga. App. 532, 533 ( 376 SE2d 912 ), where we followed Huguley v. State, 253 Ga. 709, 710 ( 324 SE2d 729 ) which decried being forced to “[review] the entire record and transcript with very little assistance from counsel who is in a far better position to perceive error than is an appellate court looking at a cold record,” and we therefore held and announced that “the Anders motion will no longer be entertained in this court.” In Fields and later cases when an appellant’s attorney avers his criminal appeal is frivolous, we have reviewed each record for substantive error

1997See Fields v. State, 189 Ga. App. 532, 533 ( 376 SE2d 912 ), where we followed Huguley v. State, 253 Ga. 709, 710 ( 324 SE2d 729 ) which decried being forced to “[review] the entire record and transcript with very little assistance from counsel who is in a far better position to perceive error than is an appellate court looking at a cold record,” and we therefore held and announced that “the Anders motion will no longer be entertained in this court.” In Fields and later cases when an appellant’s attorney avers his criminal appeal is frivolous, we have reviewed each record for substantive error

23
Anders v. Californiagreen
scotus · 1967 · cited in 12 Georgia opinions naming this issue, 1978–1989
2 sentences

1989During appeal, an Anders motion (Anders v. California, 386 U. S. 738 (87 SC 1396, 18 LE2d 493)) was filed in this case.

1985However, since the instant case was docketed in this court on June 14, 1984, and since the parties have proceeded under the guidelines of Anders v. California, supra, we will not apply the rule of Huguley , but will instead entertain the Anders motion filed by Rich’s counsel.

112
Farmer v. Georgia Department of Corrections.green
gactapp · 2018 · cited in 1 Georgia opinions naming this issue, 2022–2022
2 sentences

2022We conclude that the Anders motion is unduly burdensome in that it tends to force the court to assume the role of counsel for the appellant.”). 4 argument related to any of the legal authorities he lists, much less any argument regarding the sufficiency of the evidence underlying his convictions.3 In reaching the foregoing conclusion, we acknowledge the significant liberty interests at stake when reviewing the sufficiency of the evidence to support a 3 See Farmer v. Dep’t of Corr., 346 Ga. App. 387, 394 (2) ( 816 SE2d 376 (2018) (“[M]ere conclusory statements are not the type of meaningful arg

2022We conclude that the Anders motion is unduly burdensome in that it tends to force the court to assume the role of counsel for the appellant.”). 4 argument related to any of the legal authorities he lists, much less any argument regarding the sufficiency of the evidence underlying his convictions.3 In reaching the foregoing conclusion, we acknowledge the significant liberty interests at stake when reviewing the sufficiency of the evidence to support a 3 See Farmer v. Dep’t of Corr., 346 Ga. App. 387, 394 (2) ( 816 SE2d 376 (2018) (“[M]ere conclusory statements are not the type of meaningful arg

11
Reed v. City of Atlantagreen
gactapp · 1975 · cited in 1 Georgia opinions naming this issue, 2022–2022
2 sentences

2022We conclude that the Anders motion is unduly burdensome in that it tends to force the court to assume the role of counsel for the appellant.”). 4 argument related to any of the legal authorities he lists, much less any argument regarding the sufficiency of the evidence underlying his convictions.3 In reaching the foregoing conclusion, we acknowledge the significant liberty interests at stake when reviewing the sufficiency of the evidence to support a 3 See Farmer v. Dep’t of Corr., 346 Ga. App. 387, 394 (2) ( 816 SE2d 376 (2018) (“[M]ere conclusory statements are not the type of meaningful arg

2022We conclude that the Anders motion is unduly burdensome in that it tends to force the court to assume the role of counsel for the appellant.”). 4 argument related to any of the legal authorities he lists, much less any argument regarding the sufficiency of the evidence underlying his convictions.3 In reaching the foregoing conclusion, we acknowledge the significant liberty interests at stake when reviewing the sufficiency of the evidence to support a 3 See Farmer v. Dep’t of Corr., 346 Ga. App. 387, 394 (2) ( 816 SE2d 376 (2018) (“[M]ere conclusory statements are not the type of meaningful arg

11
Time Warner Entertainment Co. v. Six Flags Over Georgia, LLCgreen
gactapp · 2002 · cited in 1 Georgia opinions naming this issue, 2022–2022
2 sentences

2022We conclude that the Anders motion is unduly burdensome in that it tends to force the court to assume the role of counsel for the appellant.”). 4 argument related to any of the legal authorities he lists, much less any argument regarding the sufficiency of the evidence underlying his convictions.3 In reaching the foregoing conclusion, we acknowledge the significant liberty interests at stake when reviewing the sufficiency of the evidence to support a 3 See Farmer v. Dep’t of Corr., 346 Ga. App. 387, 394 (2) ( 816 SE2d 376 (2018) (“[M]ere conclusory statements are not the type of meaningful arg

2022We conclude that the Anders motion is unduly burdensome in that it tends to force the court to assume the role of counsel for the appellant.”). 4 argument related to any of the legal authorities he lists, much less any argument regarding the sufficiency of the evidence underlying his convictions.3 In reaching the foregoing conclusion, we acknowledge the significant liberty interests at stake when reviewing the sufficiency of the evidence to support a 3 See Farmer v. Dep’t of Corr., 346 Ga. App. 387, 394 (2) ( 816 SE2d 376 (2018) (“[M]ere conclusory statements are not the type of meaningful arg

11
Woods v. Hallgreen
gactapp · 2012 · cited in 1 Georgia opinions naming this issue, 2022–2022
2 sentences

2022We conclude that the Anders motion is unduly burdensome in that it tends to force the court to assume the role of counsel for the appellant.”). 4 argument related to any of the legal authorities he lists, much less any argument regarding the sufficiency of the evidence underlying his convictions.3 In reaching the foregoing conclusion, we acknowledge the significant liberty interests at stake when reviewing the sufficiency of the evidence to support a 3 See Farmer v. Dep’t of Corr., 346 Ga. App. 387, 394 (2) ( 816 SE2d 376 (2018) (“[M]ere conclusory statements are not the type of meaningful arg

2022We conclude that the Anders motion is unduly burdensome in that it tends to force the court to assume the role of counsel for the appellant.”). 4 argument related to any of the legal authorities he lists, much less any argument regarding the sufficiency of the evidence underlying his convictions.3 In reaching the foregoing conclusion, we acknowledge the significant liberty interests at stake when reviewing the sufficiency of the evidence to support a 3 See Farmer v. Dep’t of Corr., 346 Ga. App. 387, 394 (2) ( 816 SE2d 376 (2018) (“[M]ere conclusory statements are not the type of meaningful arg

11
Jackson v. Virginiared
scotus · 1979 · cited in 1 Georgia opinions naming this issue, 1997–1997
1 sentence

1997See Fields v. State, 189 Ga. App. 532, 533 ( 376 SE2d 912 ), where we followed Huguley v. State, 253 Ga. 709, 710 ( 324 SE2d 729 ) which decried being forced to “[review] the entire record and transcript with very little assistance from counsel who is in a far better position to perceive error than is an appellate court looking at a cold record,” and we therefore held and announced that “the Anders motion will no longer be entertained in this court.” In Fields and later cases when an appellant’s attorney avers his criminal appeal is frivolous, we have reviewed each record for substantive error

11
Scott v. Stategreen
gactapp · 1989 · cited in 1 Georgia opinions naming this issue, 1997–1997
2 sentences

1997See Scott v. State, 193 Ga. App. 577 ( 388 SE2d 416 ).

1997See Scott v. State, 193 Ga. App. 577 ( 388 SE2d 416 ).

11
Fields v. Stategreen
gactapp · 1988 · cited in 1 Georgia opinions naming this issue, 1997–1997
2 sentences

1997See Fields v. State, 189 Ga. App. 532, 533 ( 376 SE2d 912 ), where we followed Huguley v. State, 253 Ga. 709, 710 ( 324 SE2d 729 ) which decried being forced to “[review] the entire record and transcript with very little assistance from counsel who is in a far better position to perceive error than is an appellate court looking at a cold record,” and we therefore held and announced that “the Anders motion will no longer be entertained in this court.” In Fields and later cases when an appellant’s attorney avers his criminal appeal is frivolous, we have reviewed each record for substantive error

1997See Fields v. State, 189 Ga. App. 532, 533 ( 376 SE2d 912 ), where we followed Huguley v. State, 253 Ga. 709, 710 ( 324 SE2d 729 ) which decried being forced to “[review] the entire record and transcript with very little assistance from counsel who is in a far better position to perceive error than is an appellate court looking at a cold record,” and we therefore held and announced that “the Anders motion will no longer be entertained in this court.” In Fields and later cases when an appellant’s attorney avers his criminal appeal is frivolous, we have reviewed each record for substantive error

11
Whittle v. Stategreen
gactapp · 1993 · cited in 1 Georgia opinions naming this issue, 1997–1997
2 sentences

1997Id., quoting Whittle v. State, 210 Ga. App. 841, 842 ( 437 SE2d 842 ) (dissent).

1997Id., quoting Whittle v. State, 210 Ga. App. 841, 842 ( 437 SE2d 842 ) (dissent).

11
Simpson v. Stategreen
gactapp · 1987 · cited in 1 Georgia opinions naming this issue, 1988–1988
2 sentences

1988In Simpson v. State, 183 Ga. App. 377, 378 ( 359 SE2d 13 ) (1987), we denied an Anders motion based, in part, on the inadequacy of the supporting brief, stating: "[C]ounsel should, at a minimum, endeavor to provide the court with a statement of the facts of the case, identifying the offense of which the defendant was convicted and summarizing the evidence presented at trial.

1988In Simpson v. State, 183 Ga. App. 377, 378 ( 359 SE2d 13 ) (1987), we denied an Anders motion based, in part, on the inadequacy of the supporting brief, stating: "[C]ounsel should, at a minimum, endeavor to provide the court with a statement of the facts of the case, identifying the offense of which the defendant was convicted and summarizing the evidence presented at trial.

11
O'NEAL v. Stategreen
ga · 1985 · cited in 1 Georgia opinions naming this issue, 1985–1985
2 sentences

1985See O’Neal v. State, 254 Ga. 1 ( 325 SE2d 759 ) (1985). 3 See State v. Johnston, 249 Ga. 413 (3) ( 291 SE2d 543 ) (1982), concerning the trial court’s discretion, pursuant to a motion in limine, to make its decision as to the admissibility of evidence either before or during trial.

1985See O’Neal v. State, 254 Ga. 1 ( 325 SE2d 759 ) (1985). 3 See State v. Johnston, 249 Ga. 413 (3) ( 291 SE2d 543 ) (1982), concerning the trial court’s discretion, pursuant to a motion in limine, to make its decision as to the admissibility of evidence either before or during trial.

11
State v. Johnstongreen
ga · 1982 · cited in 1 Georgia opinions naming this issue, 1985–1985
2 sentences

1985See O’Neal v. State, 254 Ga. 1 ( 325 SE2d 759 ) (1985). 3 See State v. Johnston, 249 Ga. 413 (3) ( 291 SE2d 543 ) (1982), concerning the trial court’s discretion, pursuant to a motion in limine, to make its decision as to the admissibility of evidence either before or during trial.

1985See O’Neal v. State, 254 Ga. 1 ( 325 SE2d 759 ) (1985). 3 See State v. Johnston, 249 Ga. 413 (3) ( 291 SE2d 543 ) (1982), concerning the trial court’s discretion, pursuant to a motion in limine, to make its decision as to the admissibility of evidence either before or during trial.

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 (10)

CaseCitedYears
Bethay v. State green
ga · 1976
2 sentences

1981In my opinion, Anders v. California, 386 U. S. 738 (87 SC 1396, 18 LE2d 493) (1966) and Bethay v. State, 237 Ga. 625 ( 229 SE2d 406 ) (1976), require us to find the appeal to be “wholly frivolous” rather than “ample evidence to support the conviction” before we can grant a so-called Anders motion.

1981In my opinion, Anders v. California, 386 U. S. 738 (87 SC 1396, 18 LE2d 493) (1966) and Bethay v. State, 237 Ga. 625 ( 229 SE2d 406 ) (1976), require us to find the appeal to be “wholly frivolous” rather than “ample evidence to support the conviction” before we can grant a so-called Anders motion.

31981–1988
Hughes v. State neutral
ga · 1983
2 sentences

2001In Hughes v. State, 251 Ga. 393 ( 306 SE2d 242 ) (1983), this Court granted appellate counsel’s Anders motion and dismissed the appeal as frivolous.

2001In Hughes v. State, 251 Ga. 393 ( 306 SE2d 242 ) (1983), this Court granted appellate counsel’s Anders motion and dismissed the appeal as frivolous.

12001–2001
Rowland v. State green
ga · 1995
1 sentence

1997Id., quoting Whittle v. State, 210 Ga. App. 841, 842 ( 437 SE2d 842 ) (dissent).

11997–1997
Jackson v. State neutral
gactapp · 1984
2 sentences

1986When an Anders motion is filed, we conscientiously examine “the record and transcript to determine independently if there are any meritorious errors of law.” Jackson v. State, 169 Ga. App. 701 ( 314 SE2d 716 ) (1984).

1986When an Anders motion is filed, we conscientiously examine “the record and transcript to determine independently if there are any meritorious errors of law.” Jackson v. State, 169 Ga. App. 701 ( 314 SE2d 716 ) (1984).

11986–1986
Laster v. State green
ga · 1983
1 sentence

1984Givens v. State, 251 Ga. 346 ( 305 SE2d 589 ).

11984–1984
Givens v. State neutral
ga · 1983
1 sentence

1984Givens v. State, 251 Ga. 346 ( 305 SE2d 589 ).

11984–1984
Smith v. Hart green
ga · 1979
2 sentences

1980Smith v. Hart, 243 Ga. 59 ( 252 SE2d 470 ) (1979); Frazier v. Rutledge, 243 Ga. 39 ( 252 SE2d 465 ) (1979).

1980Smith v. Hart, 243 Ga. 59 ( 252 SE2d 470 ) (1979); Frazier v. Rutledge, 243 Ga. 39 ( 252 SE2d 465 ) (1979).

11980–1980
Frazier v. Rutledge neutral
ga · 1979
2 sentences

1980Smith v. Hart, 243 Ga. 59 ( 252 SE2d 470 ) (1979); Frazier v. Rutledge, 243 Ga. 39 ( 252 SE2d 465 ) (1979).

1980Smith v. Hart, 243 Ga. 59 ( 252 SE2d 470 ) (1979); Frazier v. Rutledge, 243 Ga. 39 ( 252 SE2d 465 ) (1979).

11980–1980
Corn v. State green
ga · 1977
1 sentence

1978This court affirmed the death sentence in Corn v. State, 240 Ga. 130 (1977), and the Court of Appeals dismissed his appeal on an Anders motion (Anders v. California, 386 U. S. 738 (1966)) by his counsel in Corn v. State, 142 Ga. App. 361 ( 255 SE2d 687 ) (1977).

11978–1978
Corn v. State green
gactapp · 1977
1 sentence

1978This court affirmed the death sentence in Corn v. State, 240 Ga. 130 (1977), and the Court of Appeals dismissed his appeal on an Anders motion (Anders v. California, 386 U. S. 738 (1966)) by his counsel in Corn v. State, 142 Ga. App. 361 ( 255 SE2d 687 ) (1977).

11978–1978

Where else courts name it

TX 5327 (1925–2026) PA 2839 (1970–2026) OH 509 (1994–2026) LA 346 (1995–2025) NY 157 (1989–2026) FL 125 (1972–2026) CA 65 (1992–2026) IL 64 (1973–2026) AZ 56 (1970–2022) AR 54 (2001–2026) KY 34 (2001–2026) WA 29 (1969–2024) NC 23 (1994–2025) UT 21 (1978–2023) CT 21 (1986–2019) GA 19 (1978–2022) MT 15 (1992–2025) WY 14 (1989–2023) AL 10 (1986–2015) SC 9 (2002–2024) OR 6 (1984–2025) IN 6 (1972–2026) VT 5 (2005–2014) MI 4 (1984–2022) CO 4 (2006–2010) WI 4 (1974–2001) AK 3 (1988–2023) DC 3 (1981–2026) TN 3 (1997–2000) SD 2 (2004–2015) HI 2 (1996–2001) IA 2 (2021–2021) ND 2 (2020–2020) VA 2 (2003–2022)

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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