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

12 Georgia opinions name it 2 courts 2002–2026 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 (11)

CaseFollowedCited
Pierce v. Stategreen
ga · 2014 · cited in 3 Georgia opinions naming this issue, 2019–2025
2 sentences

2025See Pierce v. State, 294 Ga. 842 (755 SE2d 732) (2014) (affirming denial of Pierce’s plea in bar based on double jeopardy); Pierce v. State, 289 Ga. 893 (717 SE2d 202) (2011) (reversing denial of motion to vacate void and illegal sentence and vacating sentences for malice murder convictions). 2 compel the clerk to transmit the case record to this Court a fifth time, the trial court, acting pursuant to OCGA § 23-3-110,2 entered the bill of peace.

2025See Pierce v. State, 294 Ga. 842 (755 SE2d 732) (2014) (affirming denial of Pierce’s plea in bar based on double jeopardy); Pierce v. State, 289 Ga. 893 (717 SE2d 202) (2011) (reversing denial of motion to vacate void and illegal sentence and vacating sentences for malice murder convictions). 2 compel the clerk to transmit the case record to this Court a fifth time, the trial court, acting pursuant to OCGA § 23-3-110,2 entered the bill of peace.

33
Humphrey v. Stategreen
ga · 2016 · cited in 2 Georgia opinions naming this issue, 2019–2019
2 sentences

2019See also Humphrey v. State , 299 Ga. 197 , 199 (1), 787 S.E.2d 169 (2016) (appellant *791 could not withdraw guilty plea as matter of right because only trial court's statement regarding eligibility for parole was vacated, leaving life sentence for murder intact); Pope v. State , 301 Ga. 528 , 531-532, 801 S.E.2d 830 (2017) (void sentence on one count did not render appellant's pleas on the remaining counts subject to withdrawal as a matter of right). 5 To the extent Hanna seeks to withdraw her guilty plea to the other crime for which she has been sentenced, **107 such a withdrawal would appea

2019See also Humphrey v. State , 299 Ga. 197 , 199 (1), 787 S.E.2d 169 (2016) (appellant *791 could not withdraw guilty plea as matter of right because only trial court's statement regarding eligibility for parole was vacated, leaving life sentence for murder intact); Pope v. State , 301 Ga. 528 , 531-532, 801 S.E.2d 830 (2017) (void sentence on one count did not render appellant's pleas on the remaining counts subject to withdrawal as a matter of right). 5 To the extent Hanna seeks to withdraw her guilty plea to the other crime for which she has been sentenced, **107 such a withdrawal would appea

22
Akins v. Stategreen
gactapp · 2004 · cited in 2 Georgia opinions naming this issue, 2013–2013
2 sentences

2013See Akins, supra, 266 Ga. App. at 216 (2).

2013See Akins, supra, 266 Ga. App. at 216 (2).

22
Pope v. Stategreen
ga · 2017 · cited in 2 Georgia opinions naming this issue, 2019–2019
2 sentences

2019See also Humphrey v. State , 299 Ga. 197 , 199 (1), 787 S.E.2d 169 (2016) (appellant *791 could not withdraw guilty plea as matter of right because only trial court's statement regarding eligibility for parole was vacated, leaving life sentence for murder intact); Pope v. State , 301 Ga. 528 , 531-532, 801 S.E.2d 830 (2017) (void sentence on one count did not render appellant's pleas on the remaining counts subject to withdrawal as a matter of right). 5 To the extent Hanna seeks to withdraw her guilty plea to the other crime for which she has been sentenced, **107 such a withdrawal would appea

2019See also Humphrey v. State , 299 Ga. 197 , 199 (1), 787 S.E.2d 169 (2016) (appellant *791 could not withdraw guilty plea as matter of right because only trial court's statement regarding eligibility for parole was vacated, leaving life sentence for murder intact); Pope v. State , 301 Ga. 528 , 531-532, 801 S.E.2d 830 (2017) (void sentence on one count did not render appellant's pleas on the remaining counts subject to withdrawal as a matter of right). 5 To the extent Hanna seeks to withdraw her guilty plea to the other crime for which she has been sentenced, **107 such a withdrawal would appea

12
Pierce v. Stategreen
ga · 2024 · cited in 1 Georgia opinions naming this issue, 2025–2025
2 sentences

2025In Pierce, we rejected an argument that the trial court abused its discretion in denying Pierce’s motion for mistrial, “even assuming that the prosecutor’s comments about Rosenau constituted improper comments about [Pierce’s] silence.” Pierce, 319 Ga. at 860 (7).

2025In Pierce, we rejected an argument that the trial court abused its discretion in denying Pierce’s motion for mistrial, “even assuming that the prosecutor’s comments about Rosenau constituted improper comments about [Pierce’s] silence.” Pierce, 319 Ga. at 860 (7).

11
Abdulkadir v. Stategreen
ga · 2005 · cited in 1 Georgia opinions naming this issue, 2009–2009
2 sentences

2009See Abdulkadir v. State, 279 Ga. 122, 125, n. 16 ( 610 SE2d 50 ) (2005).

2009See Abdulkadir v. State, 279 Ga. 122, 125, n. 16 ( 610 SE2d 50 ) (2005).

11
Johnson v. Californiagreen
scotus · 2005 · cited in 1 Georgia opinions naming this issue, 2009–2009
1 sentence

2009As Rodgers put it at the motion for new trial hearing, “I thought. . . the State would love him.” Apparently the State agreed, as the record shows that it was the defense, not the State, that used a strike - indeed, Pierce’s final strike - to remove this potential juror. 4 See Johnson, 545 U. S. at 171, n. 6 (“In the unlikely hypothetical in which the prosecutor declines to respond to a trial judge’s inquiry regarding his justification for making a strike, the evidence before the judge would consist not only of the original facts from which the prima facie case was established, but also the pr

11
Williamson v. Strickland & Smith, Inc.green
gactapp · 2003 · cited in 1 Georgia opinions naming this issue, 2005–2005
2 sentences

2005Miller and Bernes, JJ., concur. 1 Lyon v. State of Ga., 230 Ga. App. 264 ( 495 SE2d 899 ) (1998). 2 Authentic Architectural Millworks v. SCM Group USA, 262 Ga. App. 826, 831-832 (4) ( 586 SE2d 726 ) (2003). 3 Crosby v. Spencer, 207 Ga. App. 487, 488 (1) ( 428 SE2d 607 ) (1993). 4 Williamson v. Strickland & Smith, Inc., 263 Ga. App. 431, 435 (2) ( 587 SE2d 876 ) (2003). 5 We hereby deny Pierce’s motion to dismiss KAR’s appeal, in that the current Rules of the Court of Appeals do not require KAR to submit enumerations of error separate from its appellate brief, contrary to Pierce’s assertion.

2005Miller and Bernes, JJ., concur. 1 Lyon v. State of Ga., 230 Ga. App. 264 ( 495 SE2d 899 ) (1998). 2 Authentic Architectural Millworks v. SCM Group USA, 262 Ga. App. 826, 831-832 (4) ( 586 SE2d 726 ) (2003). 3 Crosby v. Spencer, 207 Ga. App. 487, 488 (1) ( 428 SE2d 607 ) (1993). 4 Williamson v. Strickland & Smith, Inc., 263 Ga. App. 431, 435 (2) ( 587 SE2d 876 ) (2003). 5 We hereby deny Pierce’s motion to dismiss KAR’s appeal, in that the current Rules of the Court of Appeals do not require KAR to submit enumerations of error separate from its appellate brief, contrary to Pierce’s assertion.

11
Crosby v. Spencergreen
gactapp · 1993 · cited in 1 Georgia opinions naming this issue, 2005–2005
2 sentences

2005Miller and Bernes, JJ., concur. 1 Lyon v. State of Ga., 230 Ga. App. 264 ( 495 SE2d 899 ) (1998). 2 Authentic Architectural Millworks v. SCM Group USA, 262 Ga. App. 826, 831-832 (4) ( 586 SE2d 726 ) (2003). 3 Crosby v. Spencer, 207 Ga. App. 487, 488 (1) ( 428 SE2d 607 ) (1993). 4 Williamson v. Strickland & Smith, Inc., 263 Ga. App. 431, 435 (2) ( 587 SE2d 876 ) (2003). 5 We hereby deny Pierce’s motion to dismiss KAR’s appeal, in that the current Rules of the Court of Appeals do not require KAR to submit enumerations of error separate from its appellate brief, contrary to Pierce’s assertion.

2005Miller and Bernes, JJ., concur. 1 Lyon v. State of Ga., 230 Ga. App. 264 ( 495 SE2d 899 ) (1998). 2 Authentic Architectural Millworks v. SCM Group USA, 262 Ga. App. 826, 831-832 (4) ( 586 SE2d 726 ) (2003). 3 Crosby v. Spencer, 207 Ga. App. 487, 488 (1) ( 428 SE2d 607 ) (1993). 4 Williamson v. Strickland & Smith, Inc., 263 Ga. App. 431, 435 (2) ( 587 SE2d 876 ) (2003). 5 We hereby deny Pierce’s motion to dismiss KAR’s appeal, in that the current Rules of the Court of Appeals do not require KAR to submit enumerations of error separate from its appellate brief, contrary to Pierce’s assertion.

11
Authentic Architectural Millworks, Inc. v. SCM Group USA, Inc.green
gactapp · 2003 · cited in 1 Georgia opinions naming this issue, 2005–2005
2 sentences

2005Miller and Bernes, JJ., concur. 1 Lyon v. State of Ga., 230 Ga. App. 264 ( 495 SE2d 899 ) (1998). 2 Authentic Architectural Millworks v. SCM Group USA, 262 Ga. App. 826, 831-832 (4) ( 586 SE2d 726 ) (2003). 3 Crosby v. Spencer, 207 Ga. App. 487, 488 (1) ( 428 SE2d 607 ) (1993). 4 Williamson v. Strickland & Smith, Inc., 263 Ga. App. 431, 435 (2) ( 587 SE2d 876 ) (2003). 5 We hereby deny Pierce’s motion to dismiss KAR’s appeal, in that the current Rules of the Court of Appeals do not require KAR to submit enumerations of error separate from its appellate brief, contrary to Pierce’s assertion.

2005Miller and Bernes, JJ., concur. 1 Lyon v. State of Ga., 230 Ga. App. 264 ( 495 SE2d 899 ) (1998). 2 Authentic Architectural Millworks v. SCM Group USA, 262 Ga. App. 826, 831-832 (4) ( 586 SE2d 726 ) (2003). 3 Crosby v. Spencer, 207 Ga. App. 487, 488 (1) ( 428 SE2d 607 ) (1993). 4 Williamson v. Strickland & Smith, Inc., 263 Ga. App. 431, 435 (2) ( 587 SE2d 876 ) (2003). 5 We hereby deny Pierce’s motion to dismiss KAR’s appeal, in that the current Rules of the Court of Appeals do not require KAR to submit enumerations of error separate from its appellate brief, contrary to Pierce’s assertion.

11
Green v. Stategreen
ga · 1983 · cited in 1 Georgia opinions naming this issue, 2002–2002
2 sentences

2002Green v. State, 250 Ga. 610, 611 (1) (c) ( 299 SE2d 544 ) (1983).

2002Green v. State, 250 Ga. 610, 611 (1) (c) ( 299 SE2d 544 ) (1983).

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Humphrey v. Stategreen
ga · 2016 · cited in 2 Georgia opinions naming this issue, 2019–2019
2 sentences

2019See also Humphrey v. State , 299 Ga. 197 , 199 (1), 787 S.E.2d 169 (2016) (appellant *791 could not withdraw guilty plea as matter of right because only trial court's statement regarding eligibility for parole was vacated, leaving life sentence for murder intact); Pope v. State , 301 Ga. 528 , 531-532, 801 S.E.2d 830 (2017) (void sentence on one count did not render appellant's pleas on the remaining counts subject to withdrawal as a matter of right). 5 To the extent Hanna seeks to withdraw her guilty plea to the other crime for which she has been sentenced, **107 such a withdrawal would appea

2019See also Humphrey v. State , 299 Ga. 197 , 199 (1), 787 S.E.2d 169 (2016) (appellant *791 could not withdraw guilty plea as matter of right because only trial court's statement regarding eligibility for parole was vacated, leaving life sentence for murder intact); Pope v. State , 301 Ga. 528 , 531-532, 801 S.E.2d 830 (2017) (void sentence on one count did not render appellant's pleas on the remaining counts subject to withdrawal as a matter of right). 5 To the extent Hanna seeks to withdraw her guilty plea to the other crime for which she has been sentenced, **107 such a withdrawal would appea

22

Also cited on this issue (5)

CaseCitedYears
Wilkins v. City of Conyers. green
gactapp · 2018
1 sentence

2026Accordingly, we vacate the trial court’s order granting Pierce’s motion for sanctions and remand this case to the trial court “to fashion a remedy more appropriate to the circumstances of this case and consistent with this opinion.” Id. at 474 .

12026–2026
Pierce v. State green
ga · 2011
2 sentences

2025See Pierce v. State, 294 Ga. 842 (755 SE2d 732) (2014) (affirming denial of Pierce’s plea in bar based on double jeopardy); Pierce v. State, 289 Ga. 893 (717 SE2d 202) (2011) (reversing denial of motion to vacate void and illegal sentence and vacating sentences for malice murder convictions). 2 compel the clerk to transmit the case record to this Court a fifth time, the trial court, acting pursuant to OCGA § 23-3-110,2 entered the bill of peace.

2025See Pierce v. State, 294 Ga. 842 (755 SE2d 732) (2014) (affirming denial of Pierce’s plea in bar based on double jeopardy); Pierce v. State, 289 Ga. 893 (717 SE2d 202) (2011) (reversing denial of motion to vacate void and illegal sentence and vacating sentences for malice murder convictions). 2 compel the clerk to transmit the case record to this Court a fifth time, the trial court, acting pursuant to OCGA § 23-3-110,2 entered the bill of peace.

12025–2025
State v. Pierce green
gactapp · 2004
2 sentences

2006In an earlier appeal, State v. Pierce, 266 Ga. App. 233 ( 596 SE2d 725 ) (2004), this court reversed the trial court’s grant of Pierce’s motion to suppress the results of the Intoxilyzer 5000 and statements about the horizontal gaze nystagmus (HGN) tests obtained when he was arrested for speeding and driving under the influence because the trial court found that no Miranda warnings were given.

2006In an earlier appeal, State v. Pierce, 266 Ga. App. 233 ( 596 SE2d 725 ) (2004), this court reversed the trial court’s grant of Pierce’s motion to suppress the results of the Intoxilyzer 5000 and statements about the horizontal gaze nystagmus (HGN) tests obtained when he was arrested for speeding and driving under the influence because the trial court found that no Miranda warnings were given.

12006–2006
Smart v. State green
ga · 2003
1 sentence

2006Id.

12006–2006
Lyon v. State green
gactapp · 1998
2 sentences

2005Miller and Bernes, JJ., concur. 1 Lyon v. State of Ga., 230 Ga. App. 264 ( 495 SE2d 899 ) (1998). 2 Authentic Architectural Millworks v. SCM Group USA, 262 Ga. App. 826, 831-832 (4) ( 586 SE2d 726 ) (2003). 3 Crosby v. Spencer, 207 Ga. App. 487, 488 (1) ( 428 SE2d 607 ) (1993). 4 Williamson v. Strickland & Smith, Inc., 263 Ga. App. 431, 435 (2) ( 587 SE2d 876 ) (2003). 5 We hereby deny Pierce’s motion to dismiss KAR’s appeal, in that the current Rules of the Court of Appeals do not require KAR to submit enumerations of error separate from its appellate brief, contrary to Pierce’s assertion.

2005Miller and Bernes, JJ., concur. 1 Lyon v. State of Ga., 230 Ga. App. 264 ( 495 SE2d 899 ) (1998). 2 Authentic Architectural Millworks v. SCM Group USA, 262 Ga. App. 826, 831-832 (4) ( 586 SE2d 726 ) (2003). 3 Crosby v. Spencer, 207 Ga. App. 487, 488 (1) ( 428 SE2d 607 ) (1993). 4 Williamson v. Strickland & Smith, Inc., 263 Ga. App. 431, 435 (2) ( 587 SE2d 876 ) (2003). 5 We hereby deny Pierce’s motion to dismiss KAR’s appeal, in that the current Rules of the Court of Appeals do not require KAR to submit enumerations of error separate from its appellate brief, contrary to Pierce’s assertion.

12005–2005

Statutes the citing opinions construe

GA § 40-6-391 (3) GA § 5-7-1 (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

PA 346 (1973–2026) NJ 27 (1989–2026) MS 17 (2002–2024) AL 16 (1985–2013) GA 12 (2002–2026) TX 7 (1990–2023) CA 6 (2006–2022) OH 6 (2005–2024) MT 4 (1995–2016) MN 4 (2006–2025) IN 3 (2003–2014) WA 3 (1997–2016) DE 3 (1996–2020) NE 3 (1994–2016) CO 2 (1985–1988) IL 2 (2000–2000) MA 2 (2025–2026) FL 2 (1985–2013) ME 2 (1981–2001) DC 2 (1997–2000) WI 2 (2005–2024) IA 2 (2007–2026)

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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