motion to withdraw hearing (Georgia) · Go Syfert
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motion to withdraw hearing in Georgia

12 Georgia opinions name it 2 courts 2007–2022 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 (17)

CaseFollowedCited
Rice v. Stategreen
ga · 2017 · cited in 2 Georgia opinions naming this issue, 2019–2019
2 sentences

2019See, e.g., Rice v. State , 301 Ga. 746 , 748, 804 S.E.2d 5 (2017) ("[T]here exists no magic amount of time which counsel must spend in actual conference with his client." (citation and punctuation omitted)).

2019See, e.g., Rice v. State , 301 Ga. 746 , 748, 804 S.E.2d 5 (2017) ("[T]here exists no magic amount of time which counsel must spend in actual conference with his client." (citation and punctuation omitted)).

22
Crouch v. Stategreen
ga · 2019 · cited in 1 Georgia opinions naming this issue, 2022–2022
1 sentence

2022But “a lawyer second-guessing his own performance with the benefit of hindsight has no significance for an ineffective assistance of counsel claim.” Crouch v. State, 305 Ga. 391, 400 (3) ( 825 SE2d 199 ) (2019) (citation and punctuation omitted).

11
Bradley v. Stategreen
ga · 2019 · cited in 1 Georgia opinions naming this issue, 2020–2020
2 sentences

2020See Bradley, 305 Ga. at 862 .

2020See Davis, 306 Ga. at 432-433 ; Bradley, 305 Ga. at 862 .

11
Davis v. Stategreen
ga · 2019 · cited in 1 Georgia opinions naming this issue, 2020–2020
1 sentence

2020See Davis, 306 Ga. at 432-433 ; Bradley, 305 Ga. at 862 .

11
McGuyton v. Stategreen
ga · 2016 · cited in 1 Georgia opinions naming this issue, 2018–2018
1 sentence

2018The credibility of that testimony was for the trial court to determine, see McGuyton at 355, 782 S.E.2d 21 , and the court plainly rejected that self-serving account.

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

2017See Gomez v. State, 300 Ga. 571, 573 ( 797 SE2d 478 ) (2017).

2017See Gomez v. State, 300 Ga. 571, 573 ( 797 SE2d 478 ) (2017).

11
Francis v. Stategreen
ga · 2014 · cited in 1 Georgia opinions naming this issue, 2017–2017
2 sentences

2017See, e.g., Francis v. State, 296 Ga. 190 (4) ( 766 SE2d 52 ) (2014) (noting that this Court accepts a trial court’s credibility determinations regarding testimony given at a motion for new trial hearing).

2017See, e.g., Francis v. State, 296 Ga. 190 (4) ( 766 SE2d 52 ) (2014) (noting that this Court accepts a trial court’s credibility determinations regarding testimony given at a motion for new trial hearing).

11
Niako v. Stategreen
gactapp · 2005 · cited in 1 Georgia opinions naming this issue, 2016–2016
2 sentences

2016Gresham v. State, 300 Ga. App. 158 ( 684 SE2d 336 ) (2009) (involving a motion to withdraw guilty plea); see also Niako v. State, 271 Ga. App. 222, 226 ( 609 SE2d 154 ) (2005) (contradiction between the defendant’s testimony at the plea hearing and his testimony at the motion to withdraw hearing is a matter of witness credibility for the trial court).

2016Gresham v. State, 300 Ga. App. 158 ( 684 SE2d 336 ) (2009) (involving a motion to withdraw guilty plea); see also Niako v. State, 271 Ga. App. 222, 226 ( 609 SE2d 154 ) (2005) (contradiction between the defendant’s testimony at the plea hearing and his testimony at the motion to withdraw hearing is a matter of witness credibility for the trial court).

11
Blass v. Stategreen
gactapp · 2008 · cited in 1 Georgia opinions naming this issue, 2009–2009
2 sentences

2009See Blass v. State, 293 Ga. App. 346, 347 ( 667 SE2d 140 ) (2008); Weeks, 260 Ga. App. at 131 (1); Carter, 272 Ga. App. at 161 (2). (b) Williams also contends that he should have been permitted to withdraw his guilty plea because he received ineffective assistance of counsel.

2009See Blass v. State, 293 Ga. App. 346, 347 ( 667 SE2d 140 ) (2008); Weeks, 260 Ga. App. at 131 (1); Carter, 272 Ga. App. at 161 (2). (b) Williams also contends that he should have been permitted to withdraw his guilty plea because he received ineffective assistance of counsel.

11
Collier v. Stategreen
gactapp · 2006 · cited in 1 Georgia opinions naming this issue, 2009–2009
2 sentences

2009Moreover, Williams’s trial counsel testified at the motion to withdraw hearing and explicitly denied threatening or coercing Williams in any way; instead, he explained that he had encouraged Williams to accept the state’s plea offer prior to trial and advised Williams in his professional opinion that Williams’s rejection of the plea in the face of the overwhelming evidence of guilt was a “misjudgment.” “The evidence at the hearing supports *273 a conclusion that any coercion [Williams] may have experienced in connection with the guilty plea arose from the circumstances in which he found himsel

2009Moreover, Williams’s trial counsel testified at the motion to withdraw hearing and explicitly denied threatening or coercing Williams in any way; instead, he explained that he had encouraged Williams to accept the state’s plea offer prior to trial and advised Williams in his professional opinion that Williams’s rejection of the plea in the face of the overwhelming evidence of guilt was a “misjudgment.” “The evidence at the hearing supports *273 a conclusion that any coercion [Williams] may have experienced in connection with the guilty plea arose from the circumstances in which he found himsel

11
Weeks v. Stategreen
gactapp · 2003 · cited in 1 Georgia opinions naming this issue, 2009–2009
1 sentence

2009See Blass v. State, 293 Ga. App. 346, 347 ( 667 SE2d 140 ) (2008); Weeks, 260 Ga. App. at 131 (1); Carter, 272 Ga. App. at 161 (2). (b) Williams also contends that he should have been permitted to withdraw his guilty plea because he received ineffective assistance of counsel.

11
Nash v. Stategreen
ga · 1999 · cited in 1 Georgia opinions naming this issue, 2009–2009
2 sentences

2009Nash v. State, 271 Ga. 281, 285 ( 519 SE2d 893 ) (1999).

2009Nash v. State, 271 Ga. 281, 285 ( 519 SE2d 893 ) (1999).

11
Carter v. Stategreen
gactapp · 2005 · cited in 1 Georgia opinions naming this issue, 2009–2009
1 sentence

2009See Blass v. State, 293 Ga. App. 346, 347 ( 667 SE2d 140 ) (2008); Weeks, 260 Ga. App. at 131 (1); Carter, 272 Ga. App. at 161 (2). (b) Williams also contends that he should have been permitted to withdraw his guilty plea because he received ineffective assistance of counsel.

11
Strickland v. Washingtongreen
scotus · 1984 · cited in 1 Georgia opinions naming this issue, 2007–2007
2 sentences

2007The Clerk will kindly take notice that a transcript of evidence will be included with a record on appeal, including: a guilty plea hearing on May 19, 2005; a motion to withdraw hearing on August 26, 2005[;] and a motion to withdraw guilty plea hearing on June 8, 2005.” The notice does not specifically reference a transcript from May 18,2005, the date that the trial began and Connolly’s motion to withdraw was denied. 3 See Johnson v. State, 254 Ga. 591, 598 (10) ( 331 SE2d 578 ) (1985); Thompson v. State, 248 Ga. App. 74 ( 544 SE2d 510 ) (2001). 4 See Johnson, supra. 5 See State v. Heath, 277 G

2007The Clerk will kindly take notice that a transcript of evidence will be included with a record on appeal, including: a guilty plea hearing on May 19, 2005; a motion to withdraw hearing on August 26, 2005[;] and a motion to withdraw guilty plea hearing on June 8, 2005.” The notice does not specifically reference a transcript from May 18,2005, the date that the trial began and Connolly’s motion to withdraw was denied. 3 See Johnson v. State, 254 Ga. 591, 598 (10) ( 331 SE2d 578 ) (1985); Thompson v. State, 248 Ga. App. 74 ( 544 SE2d 510 ) (2001). 4 See Johnson, supra. 5 See State v. Heath, 277 G

11
Lynd v. Stategreen
ga · 1992 · cited in 1 Georgia opinions naming this issue, 2007–2007
2 sentences

2007Lynd v. State, 262 Ga. 58, 62 (9) (a) ( 414 SE2d 5 ) (1992).

2007Lynd v. State, 262 Ga. 58, 62 (9) (a) ( 414 SE2d 5 ) (1992).

11
State v. Heathgreen
ga · 2003 · cited in 1 Georgia opinions naming this issue, 2007–2007
2 sentences

2007The Clerk will kindly take notice that a transcript of evidence will be included with a record on appeal, including: a guilty plea hearing on May 19, 2005; a motion to withdraw hearing on August 26, 2005[;] and a motion to withdraw guilty plea hearing on June 8, 2005.” The notice does not specifically reference a transcript from May 18,2005, the date that the trial began and Connolly’s motion to withdraw was denied. 3 See Johnson v. State, 254 Ga. 591, 598 (10) ( 331 SE2d 578 ) (1985); Thompson v. State, 248 Ga. App. 74 ( 544 SE2d 510 ) (2001). 4 See Johnson, supra. 5 See State v. Heath, 277 G

2007The Clerk will kindly take notice that a transcript of evidence will be included with a record on appeal, including: a guilty plea hearing on May 19, 2005; a motion to withdraw hearing on August 26, 2005[;] and a motion to withdraw guilty plea hearing on June 8, 2005.” The notice does not specifically reference a transcript from May 18,2005, the date that the trial began and Connolly’s motion to withdraw was denied. 3 See Johnson v. State, 254 Ga. 591, 598 (10) ( 331 SE2d 578 ) (1985); Thompson v. State, 248 Ga. App. 74 ( 544 SE2d 510 ) (2001). 4 See Johnson, supra. 5 See State v. Heath, 277 G

11
Johnson v. Stategreen
ga · 1985 · cited in 1 Georgia opinions naming this issue, 2007–2007
2 sentences

2007The Clerk will kindly take notice that a transcript of evidence will be included with a record on appeal, including: a guilty plea hearing on May 19, 2005; a motion to withdraw hearing on August 26, 2005[;] and a motion to withdraw guilty plea hearing on June 8, 2005.” The notice does not specifically reference a transcript from May 18,2005, the date that the trial began and Connolly’s motion to withdraw was denied. 3 See Johnson v. State, 254 Ga. 591, 598 (10) ( 331 SE2d 578 ) (1985); Thompson v. State, 248 Ga. App. 74 ( 544 SE2d 510 ) (2001). 4 See Johnson, supra. 5 See State v. Heath, 277 G

2007The Clerk will kindly take notice that a transcript of evidence will be included with a record on appeal, including: a guilty plea hearing on May 19, 2005; a motion to withdraw hearing on August 26, 2005[;] and a motion to withdraw guilty plea hearing on June 8, 2005.” The notice does not specifically reference a transcript from May 18,2005, the date that the trial began and Connolly’s motion to withdraw was denied. 3 See Johnson v. State, 254 Ga. 591, 598 (10) ( 331 SE2d 578 ) (1985); Thompson v. State, 248 Ga. App. 74 ( 544 SE2d 510 ) (2001). 4 See Johnson, supra. 5 See State v. Heath, 277 G

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 (5)

CaseCitedYears
Dawson v. State green
gactapp · 2010
2 sentences

2013However, as fully explained in the similar case of Dawson v. State, 302 Ga. App. 842 ( 691 SE2d 886 ) (2010), this ineffective assistance claim is procedurally barred because Biggs, who had the opportunity to raise it in the trial court, failed to do so.

2013However, as fully explained in the similar case of Dawson v. State, 302 Ga. App. 842 ( 691 SE2d 886 ) (2010), this ineffective assistance claim is procedurally barred because Biggs, who had the opportunity to raise it in the trial court, failed to do so.

22013–2013
Crouch v. State green
ga · 2019
1 sentence

2022But “a lawyer second-guessing his own performance with the benefit of hindsight has no significance for an ineffective assistance of counsel claim.” Crouch v. State, 305 Ga. 391, 400 (3) ( 825 SE2d 199 ) (2019) (citation and punctuation omitted).

12022–2022
Loggins v. State green
gactapp · 1997
1 sentence

2022Indeed, Cosby testified at the motion to withdraw hearing that when he asked the judge to “spare” him, he was looking for “just any leniency.” 12 App. 713 , 716 (5) ( 484 SE2d 758 ) (1997) (hostility toward attorney does not necessarily indicate incompetency).

12022–2022
Gresham v. State green
gactapp · 2009
2 sentences

2016Gresham v. State, 300 Ga. App. 158 ( 684 SE2d 336 ) (2009) (involving a motion to withdraw guilty plea); see also Niako v. State, 271 Ga. App. 222, 226 ( 609 SE2d 154 ) (2005) (contradiction between the defendant’s testimony at the plea hearing and his testimony at the motion to withdraw hearing is a matter of witness credibility for the trial court).

2016Gresham v. State, 300 Ga. App. 158 ( 684 SE2d 336 ) (2009) (involving a motion to withdraw guilty plea); see also Niako v. State, 271 Ga. App. 222, 226 ( 609 SE2d 154 ) (2005) (contradiction between the defendant’s testimony at the plea hearing and his testimony at the motion to withdraw hearing is a matter of witness credibility for the trial court).

12016–2016
Thompson v. State green
gactapp · 2001
2 sentences

2007The Clerk will kindly take notice that a transcript of evidence will be included with a record on appeal, including: a guilty plea hearing on May 19, 2005; a motion to withdraw hearing on August 26, 2005[;] and a motion to withdraw guilty plea hearing on June 8, 2005.” The notice does not specifically reference a transcript from May 18,2005, the date that the trial began and Connolly’s motion to withdraw was denied. 3 See Johnson v. State, 254 Ga. 591, 598 (10) ( 331 SE2d 578 ) (1985); Thompson v. State, 248 Ga. App. 74 ( 544 SE2d 510 ) (2001). 4 See Johnson, supra. 5 See State v. Heath, 277 G

2007The Clerk will kindly take notice that a transcript of evidence will be included with a record on appeal, including: a guilty plea hearing on May 19, 2005; a motion to withdraw hearing on August 26, 2005[;] and a motion to withdraw guilty plea hearing on June 8, 2005.” The notice does not specifically reference a transcript from May 18,2005, the date that the trial began and Connolly’s motion to withdraw was denied. 3 See Johnson v. State, 254 Ga. 591, 598 (10) ( 331 SE2d 578 ) (1985); Thompson v. State, 248 Ga. App. 74 ( 544 SE2d 510 ) (2001). 4 See Johnson, supra. 5 See State v. Heath, 277 G

12007–2007

Where else courts name it

GA 12 (2007–2022) CA 10 (1954–2022) OH 7 (2006–2020) TX 6 (2008–2023) IL 5 (2011–2026) KS 4 (1969–2018) DC 4 (2005–2022) OR 4 (1982–2020) NC 3 (2008–2021) MO 2 (1983–2019) IN 2 (1975–1986) VA 2 (2010–2018) WA 2 (1969–2001) UT 2 (2013–2017) NE 2 (2016–2016)

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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