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12 Georgia opinions name it 2 courts 1993–2024 2 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 |
|---|---|---|
Green v. Stategreen2 sentences2003The record of the plea hearing shows that David voluntarily and knowingly pleaded guilty to Count 1 of the indictment with an understanding of the nature of the charges and the consequences of his plea. 1 Green v. State, 265 Ga. 263 ( 454 SE2d 466 ) (1995). 2003The record of the plea hearing shows that David voluntarily and knowingly pleaded guilty to Count 1 of the indictment with an understanding of the nature of the charges and the consequences of his plea. 1 Green v. State, 265 Ga. 263 ( 454 SE2d 466 ) (1995). | 1 | 2 |
Oliver v. Stategreen2 sentences2024See Oliver v. State, 308 Ga. 652, 655 (2) (842 SE2d 847) (2020) (holding that appellant was advised of his rights and understood that he was waiving those rights by pleading guilty where appellant signed a waiver-of-rights form and the trial court entered an order contemporaneous with the guilty plea finding the plea was “freely, understandingly, and voluntarily made” (cleaned up)); Phelps v. State, 293 Ga. 873, 875-878 (2) (a), (b) (750 SE2d 340) (2013) (concluding defendant’s completed waiver-of- rights “questionnaire” was “evidence which, in conjunction with the record of the plea hearing” 2024See Oliver v. State, 308 Ga. 652, 655 (2) (842 SE2d 847) (2020) (holding that appellant was advised of his rights and understood that he was waiving those rights by pleading guilty where appellant signed a waiver-of-rights form and the trial court entered an order contemporaneous with the guilty plea finding the plea was “freely, understandingly, and voluntarily made” (cleaned up)); Phelps v. State, 293 Ga. 873, 875-878 (2) (a), (b) (750 SE2d 340) (2013) (concluding defendant’s completed waiver-of- rights “questionnaire” was “evidence which, in conjunction with the record of the plea hearing” | 1 | 1 |
Phelps v. Stategreen2 sentences2024See Oliver v. State, 308 Ga. 652, 655 (2) (842 SE2d 847) (2020) (holding that appellant was advised of his rights and understood that he was waiving those rights by pleading guilty where appellant signed a waiver-of-rights form and the trial court entered an order contemporaneous with the guilty plea finding the plea was “freely, understandingly, and voluntarily made” (cleaned up)); Phelps v. State, 293 Ga. 873, 875-878 (2) (a), (b) (750 SE2d 340) (2013) (concluding defendant’s completed waiver-of- rights “questionnaire” was “evidence which, in conjunction with the record of the plea hearing” 2024See Oliver v. State, 308 Ga. 652, 655 (2) (842 SE2d 847) (2020) (holding that appellant was advised of his rights and understood that he was waiving those rights by pleading guilty where appellant signed a waiver-of-rights form and the trial court entered an order contemporaneous with the guilty plea finding the plea was “freely, understandingly, and voluntarily made” (cleaned up)); Phelps v. State, 293 Ga. 873, 875-878 (2) (a), (b) (750 SE2d 340) (2013) (concluding defendant’s completed waiver-of- rights “questionnaire” was “evidence which, in conjunction with the record of the plea hearing” | 1 | 1 |
McKiernan v. Stategreen2 sentences2023(Citations omitted.) McKiernan v. State, 288 Ga. 140, 142 (2) ( 702 SE2d 170 ) (2010). 2023(Citations omitted.) McKiernan v. State, 288 Ga. 140, 142 (2) ( 702 SE2d 170 ) (2010). | 1 | 1 |
Lewis v. Stategreen2 sentences2013See Loyd, supra. See also Lewis v. State, 293 Ga. 544 (1) ( 748 SE2d 414 ) (2013). 2013See Loyd, supra. See also Lewis v. State, 293 Ga. 544 (1) ( 748 SE2d 414 ) (2013). | 1 | 1 |
Loyd v. Stategreen1 sentence2013See Loyd, supra. See also Lewis v. State, 293 Ga. 544 (1) ( 748 SE2d 414 ) (2013). | 1 | 1 |
McCarthy v. United Statesgreen2 sentences1995See McCarthy v. United States, 394 U. S. 459, 466 (89 SC 1166, 22 LE2d 418) (1969). 1995See McCarthy v. United States, 394 U. S. 459, 466 (89 SC 1166, 22 LE2d 418) (1969). | 1 | 1 |
Santobello v. New Yorkgreen2 sentences1995Accord Santobello v. New York, 404 U. S. 257, 261 (92 SC 495, 30 LE2d 427) (1971); United States v. Dayton, 604 F2d 931, 938 (5th Cir. 1979); United States v. Adams, 961 F2d 505, 508 (5th Cir. 1992). 1995Accord Santobello v. New York, 404 U. S. 257, 261 (92 SC 495, 30 LE2d 427) (1971); United States v. Dayton, 604 F2d 931, 938 (5th Cir. 1979); United States v. Adams, 961 F2d 505, 508 (5th Cir. 1992). | 1 | 1 |
Wood v. Stategreen2 sentences1993Wood v. State, 190 Ga. App. 179, 180 (1) ( 378 SE2d 520 ) (1989). 1993Wood v. State, 190 Ga. App. 179, 180 (1) ( 378 SE2d 520 ) (1989). | 1 | 1 |
Clark v. Stategreen2 sentences1993Moreover, the transcript reveals that the court specifically asked defense counsel whether there was a legal and factual basis for his client's plea, and counsel replied affirmatively. "`([I]t is not) necessary that a trial court affirmatively state on the record that it is satisfied that a factual basis for a defendant's guilty plea exists when there is evidence that the trial court is aware of the factual basis.' *823 [Cit.]" Clark v. State, 186 Ga. App. 106, 107 (2) ( 366 SE2d 361 ) (1988). 1993Moreover, the transcript reveals that the court specifically asked defense counsel whether there was a legal and factual basis for his client's plea, and counsel replied affirmatively. "`([I]t is not) necessary that a trial court affirmatively state on the record that it is satisfied that a factual basis for a defendant's guilty plea exists when there is evidence that the trial court is aware of the factual basis.' *823 [Cit.]" Clark v. State, 186 Ga. App. 106, 107 (2) ( 366 SE2d 361 ) (1988). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Duque v. State
green
2 sentences2010(Footnotes omitted.) Duque v. State, 271 Ga. App. 154 (1) ( 608 SE2d 738 ) (2004). 2010(Footnotes omitted.) Duque v. State, 271 Ga. App. 154 (1) ( 608 SE2d 738 ) (2004). | 2 | 2006–2010 |
State v. Evans
green
2 sentences1998Id. at 333-334 . 1995State v. Evans, 265 Ga. 332 ( 454 SE2d 468 ) (1995). | 2 | 1995–1998 |
Battle v. State
green
2 sentences2000But “there is no requirement that the elements of the crime be proven beyond a reasonable doubt. [Cit.] Rather, the court must satisfy itself subjectively that the pleader knows both what he has done and that those acts constitute the crime with which he is charged. [Cit.]” Battle v. State, 234 Ga. App. 143 (1) ( 505 SE2d 573 ) (1998). 2000But “there is no requirement that the elements of the crime be proven beyond a reasonable doubt. [Cit.] Rather, the court must satisfy itself subjectively that the pleader knows both what he has done and that those acts constitute the crime with which he is charged. [Cit.]” Battle v. State, 234 Ga. App. 143 (1) ( 505 SE2d 573 ) (1998). | 1 | 2000–2000 |
Evans v. State
green
2 sentences1995However, the Court of Appeals did specify that the opening statement could not be relied on to support a finding of compliance with USCR 33.9 because “the opening statement was not transcribed and there [was] no indication in the record as to what was stated in the prosecution’s opening statement.” Evans, 212 Ga. App. at 806 . 1995The Court of Appeals did not expressly state whether by "the record" it meant only the record of the plea hearing or the entire record of proceedings in Evans's case. *333 However, the Court of Appeals did specify that the opening statement could not be relied on to support a finding of compliance with USCR 33.9 because "the opening statement was not transcribed and there [was] no indication in the record as to what was stated in the prosecution's opening statement." Evans, 212 Ga. App. at 806 . | 1 | 1995–1995 |
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.