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

11 Georgia opinions name it 2 courts 1975–2026 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.

Followed or applied (7)

CaseFollowedCited
Sauder v. Stategreen
ga · 2024 · cited in 1 Georgia opinions naming this issue, 2026–2026
1 sentence

2026See Sauder, 318 Ga. at 807 . 21 And Wells’s claim fails for another reason.

11
Jackson v. Stategreen
ga · 2013 · cited in 1 Georgia opinions naming this issue, 2024–2024
2 sentences

2024See McKibbins v. State, 293 Ga. 843, 850 (3) (c) ( 750 SE2d 314 ) (2013) (no abuse of discretion in denial of a mistrial where the trial court sustained the objection and told the jury to disregard the statement); Jackson v. State, 292 Ga. 685, 689 (4) ( 740 SE2d 609 ) (2013) (no abuse of discretion in denying a mistrial where trial court gave curative instructions following a reference to a prior drug arrest involving the accused).

2024See McKibbins v. State, 293 Ga. 843, 850 (3) (c) ( 750 SE2d 314 ) (2013) (no abuse of discretion in denial of a mistrial where the trial court sustained the objection and told the jury to disregard the statement); Jackson v. State, 292 Ga. 685, 689 (4) ( 740 SE2d 609 ) (2013) (no abuse of discretion in denying a mistrial where trial court gave curative instructions following a reference to a prior drug arrest involving the accused).

11
McKibbins v. Stategreen
ga · 2013 · cited in 1 Georgia opinions naming this issue, 2024–2024
2 sentences

2024See McKibbins v. State, 293 Ga. 843, 850 (3) (c) ( 750 SE2d 314 ) (2013) (no abuse of discretion in denial of a mistrial where the trial court sustained the objection and told the jury to disregard the statement); Jackson v. State, 292 Ga. 685, 689 (4) ( 740 SE2d 609 ) (2013) (no abuse of discretion in denying a mistrial where trial court gave curative instructions following a reference to a prior drug arrest involving the accused).

2024See McKibbins v. State, 293 Ga. 843, 850 (3) (c) ( 750 SE2d 314 ) (2013) (no abuse of discretion in denial of a mistrial where the trial court sustained the objection and told the jury to disregard the statement); Jackson v. State, 292 Ga. 685, 689 (4) ( 740 SE2d 609 ) (2013) (no abuse of discretion in denying a mistrial where trial court gave curative instructions following a reference to a prior drug arrest involving the accused).

11
State v. Clarkgreen
ga · 2017 · cited in 1 Georgia opinions naming this issue, 2020–2020
2 sentences

2020The record on appeal does not contain any written ruling by the trial court, but Wells’s statements were introduced at trial. 6 (2017); State v. Clark, 301 Ga. 7, 10 (2) ( 799 SE2d 192 ) (2017).

2020The record on appeal does not contain any written ruling by the trial court, but Wells’s statements were introduced at trial. 6 (2017); State v. Clark, 301 Ga. 7, 10 (2) ( 799 SE2d 192 ) (2017).

11
Benton v. Stategreen
ga · 2017 · cited in 1 Georgia opinions naming this issue, 2020–2020
2 sentences

2020See Benton v. State, 302 Ga. 570, 573 (2) ( 807 SE2d 450 ) 3 The trial court stated at the conclusion of the hearing on Wells’s motion that it would enter a ruling the following morning.

2020See Benton v. State, 302 Ga. 570, 573 (2) ( 807 SE2d 450 ) 3 The trial court stated at the conclusion of the hearing on Wells’s motion that it would enter a ruling the following morning.

11
Herring v. Stategreen
gactapp · 1997 · cited in 1 Georgia opinions naming this issue, 1999–1999
1 sentence

1999See Herring, supra. Under these circumstances, the trial court did not err in failing to grant Wells’ motion for mistrial. 3.

11
Green v. Samsgreen
gactapp · 1993 · cited in 1 Georgia opinions naming this issue, 1996–1996
2 sentences

1996See Green v. Sams, 209 Ga. App. 491, 498 ( 433 SE2d 678 ) (1993).

1996See Green v. Sams, 209 Ga. App. 491, 498 ( 433 SE2d 678 ) (1993).

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 (6)

CaseCitedYears
LeCroy v. Bragg green
gactapp · 2013
2 sentences

2019"On appeal, we review the grant or denial of summary judgment de novo, construing the evidence and all inferences in a light most favorable to the nonmoving party." (Citation omitted.) LeCroy v. Bragg , 319 Ga. App. 884 , 885 (1), 739 S.E.2d 1 (2013).

2019"On appeal, we review the grant or denial of summary judgment de novo, construing the evidence and all inferences in a light most favorable to the nonmoving party." (Citation omitted.) LeCroy v. Bragg , 319 Ga. App. 884 , 885 (1), 739 S.E.2d 1 (2013).

12019–2019
Dickens v. State green
ga · 2006
2 sentences

2006While I concur fully in the judgment, I write in regard to Division 2(a) (addressing Wells's claim that trial counsel were ineffective for failing to locate or call certain witnesses) to reiterate the necessity that a defendant comply with this Court's holding in Dickens v. State, 280 Ga. 320 (2), 627 S.E.2d 587 (2006), i.e., adduce either the direct testimony of the missing witness or a legally acceptable substitute for that testimony, to support the required showing of prejudice in this type of ineffectiveness claim.

2006While I concur fully in the judgment, I write in regard to Division 2(a) (addressing Wells's claim that trial counsel were ineffective for failing to locate or call certain witnesses) to reiterate the necessity that a defendant comply with this Court's holding in Dickens v. State, 280 Ga. 320 (2), 627 S.E.2d 587 (2006), i.e., adduce either the direct testimony of the missing witness or a legally acceptable substitute for that testimony, to support the required showing of prejudice in this type of ineffectiveness claim.

12006–2006
Davis v. State green
ga · 2002
1 sentence

2002Id.

12002–2002
Martin v. State green
gactapp · 1987
2 sentences

1997Nor do we agree with Wells’ reliance on Martin v. State, 185 Ga. App. 145 ( 363 SE2d 765 ) (1987).

1997Nor do we agree with Wells’ reliance on Martin v. State, 185 Ga. App. 145 ( 363 SE2d 765 ) (1987).

11997–1997
Pless v. State green
ga · 1990
2 sentences

1991Pless v. State, 260 Ga. 96 (2) ( 390 SE2d 40 ) (1990). 4.

1991Pless v. State, 260 Ga. 96 (2) ( 390 SE2d 40 ) (1990). 4.

11991–1991
Pless v. State green
ga · 1973
2 sentences

1975Subsequent to the ruling in Wells , our Supreme Court passed upon this same type charge in Pless v. State, 231 Ga. 228 ( 200 SE2d 897 ).

1975Subsequent to the ruling in Wells , our Supreme Court passed upon this same type charge in Pless v. State, 231 Ga. 228 ( 200 SE2d 897 ).

11975–1975

Where else courts name it

HI 13 (2009–2025) MS 11 (1987–2020) GA 11 (1975–2026) OH 9 (2004–2025) FL 8 (1974–2023) CA 8 (1969–2021) IL 7 (2004–2024) IA 7 (1989–2017) LA 5 (2003–2020) KY 5 (2017–2026) MN 4 (2013–2024) WI 4 (1963–1970) PA 3 (2005–2025) UT 3 (2014–2014) TX 3 (2006–2023) IN 3 (2005–2024) AZ 2 (1974–2014) NY 2 (2004–2015) KS 2 (1984–2009) CO 2 (1989–2004) NE 2 (2018–2018)

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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