80 Georgia opinions name it 1 courts 2012–2025 28 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 |
|---|---|---|
Frazier v. Stategreen2 sentences2025See Frazier, 302 Ga. App. at 348 . 2024Since he has not raised a colorable void sentence claim, he is unable to file a direct appeal of the trial court’s ruling.1 See Frazier, 302 Ga. App. at 348 . 1 Moses’s motion is more in the nature of a request for clemency, which is properly directed to the State Board of Pardons and Paroles. | 13 | 17 |
von Thomas v. Stategreen2 sentences2024See von Thomas, 293 Ga. at 572 (2). 2024See von Thomas, 293 Ga. at 572 (2); Frazier, 302 Ga. App. at 348-349 . | 13 | 13 |
Harper v. Stategreen2 sentences2016We lack jurisdiction because Arrington failed to raise a colorable void-sentence claim. “[A] petition to vacate or modify a judgment of conviction is not an appropriate remedy in a criminal case.” Harper v. State, 286 Ga. 216, 218 (1) ( 686 SE2d 786 ) (2009). 2016We lack jurisdiction because Arrington failed to raise a colorable void-sentence claim. “[A] petition to vacate or modify a judgment of conviction is not an appropriate remedy in a criminal case.” Harper v. State, 286 Ga. 216, 218 (1) ( 686 SE2d 786 ) (2009). | 12 | 14 |
Burg v. Stategreen2 sentences2025See Harper v. State, 286 Ga. 216, 217 (1), n.1 ( 686 SE2d 786 ) (2009); Burg, 297 Ga. App. at 119 . 2025See Harper v. State, 286 Ga. 216, 217 (1), n.1 ( 686 SE2d 786 ) (2009); Burg, 297 Ga. App. at 119 . | 11 | 16 |
Roberts v. Stategreen2 sentences2022See id.; Roberts v. State, 286 Ga. 532, 532 ( 690 SE2d 150 ) (2010). 2022See id.; Roberts v. State, 286 Ga. 532, 532 ( 690 SE2d 150 ) (2010). | 5 | 6 |
Griffin v. Stategreen2 sentences2025See Jones, 278 Ga. at 671 . 2023See Burg, 297 Ga. App. at 120 ; Jones, 278 Ga. at 671 . | 3 | 4 |
Coleman v. Stategreen2 sentences2019See Coleman v. State, 305 Ga. App. 680 , 680- 681 ( 700 SE2d 668 ) (2010). 2019See Coleman v. State, 305 Ga. App. 680 , 680- 681 ( 700 SE2d 668 ) (2010). | 3 | 3 |
Jones v. Stategreen2 sentences2021See Jones v. State, 290 Ga. App. 490, 493 (1) ( 659 SE2d 875 ) (2008) (a challenge to an indictment should be raised through a timely motion in arrest of judgment rather than a void sentence claim). 2021See Jones v. State, 290 Ga. App. 490, 493 (1) ( 659 SE2d 875 ) (2008) (a challenge to an indictment should be raised through a timely motion in arrest of judgment rather than a void sentence claim). | 2 | 2 |
Ward v. Stategreen2 sentences2018See von Thomas, 293 Ga. at 572 ; Ward v. State, 299 Ga. App. 63, 64-65 ( 682 SE2d 128 ) (2009). 2018See von Thomas, 293 Ga. at 572 ; Ward v. State, 299 Ga. App. 63, 64-65 ( 682 SE2d 128 ) (2009). | 2 | 2 |
Brown v. Stategreen2 sentences2013See id.; Brown v. State, 295 Ga. App. 66, 68 ( 670 SE2d 867 ) (2008). 2013See id.; Brown v. State, 295 Ga. App. 66, 68 ( 670 SE2d 867 ) (2008). | 2 | 2 |
Simpson v. Stategreen2 sentences2020In our order, we noted that “whether to impose consecutive or concurrent sentences for multiple offenses is within the trial court’s discretion,” Simpson v. State, 310 Ga. App. 63 , 64 n. 4 ( 715 SE2d 675 ) (2011), and concluded that Hodges had not raised a colorable void sentence claim. 2020In our order, we noted that “whether to impose consecutive or concurrent sentences for multiple offenses is within the trial court’s discretion,” Simpson v. State, 310 Ga. App. 63 , 64 n. 4 ( 715 SE2d 675 ) (2011), and concluded that Hodges had not raised a colorable void sentence claim. | 1 | 5 |
State v. Jonesgreen2 sentences2025Jackson’s third claim is not a colorable void-sentence claim because, at the time of his sentencing, the law provided that “when a three-time recidivist commits a fourth felony for which the maximum penalty is life in prison, the trial court lacks discretion to sentence such felon to anything other than a life sentence without possibility of parole.” State v. Jones, 253 Ga. App. 630, 632 ( 560 SE2d 112 ) (2002). 2025Jackson’s third claim is not a colorable void-sentence claim because, at the time of his sentencing, the law provided that “when a three-time recidivist commits a fourth felony for which the maximum penalty is life in prison, the trial court lacks discretion to sentence such felon to anything other than a life sentence without possibility of parole.” State v. Jones, 253 Ga. App. 630, 632 ( 560 SE2d 112 ) (2002). | 1 | 1 |
Kipple v. the Stategreen2 sentences2023See Kipple v. State, 329 Ga. App. 94 ( 763 SE2d 752 ) (2014) (claim that defendant was sentenced under wrong recidivist provision was colorable void sentence claim); see also von Thomas, 293 Ga. at 572 (2) (“The existence and validity of three prior felony convictions are necessary predicates to the imposition of a recidivist sentence[.]”). 2023See Kipple v. State, 329 Ga. App. 94 ( 763 SE2d 752 ) (2014) (claim that defendant was sentenced under wrong recidivist provision was colorable void sentence claim); see also von Thomas, 293 Ga. at 572 (2) (“The existence and validity of three prior felony convictions are necessary predicates to the imposition of a recidivist sentence[.]”). | 1 | 1 |
Echols v. Stategreen1 sentence2022Case No. A20A1965 (Aug. 24, 2020). raises have or could have been litigated in a prior appeal.2 See Echols v. State, 243 Ga. App. 775, 776 ( 534 SE2d 464 ) (2000) (“It is axiomatic that the same issue cannot be relitigated ad infinitum. | 1 | 1 |
Paradise v. Stategreen2 sentences2022Notwithstanding that a void sentence may be challenged at any time and a direct appeal from the denial of a motion raising a colorable claim of void sentence is authorized, these principles are “subject to the equally well established principles of res judicata and the law-of-the-case rule once the issue has been raised and ruled upon.” (Citation and punctuation omitted.) Paradise v. State, 321 Ga. App. 371, 373 ( 740 SE2d 238 ) (2013). 2022Notwithstanding that a void sentence may be challenged at any time and a direct appeal from the denial of a motion raising a colorable claim of void sentence is authorized, these principles are “subject to the equally well established principles of res judicata and the law-of-the-case rule once the issue has been raised and ruled upon.” (Citation and punctuation omitted.) Paradise v. State, 321 Ga. App. 371, 373 ( 740 SE2d 238 ) (2013). | 1 | 1 |
Munye v. Stategreen1 sentence2022“Hence, if a defendant does not raise a colorable void-sentence claim, his appeal is subject to dismissal.”Munye, 342 Ga. App. at 685 (1) (b). | 1 | 1 |
Cox v. Stategreen1 sentence2022Case No. A20A1965 (Aug. 24, 2020). raises have or could have been litigated in a prior appeal.2 See Echols v. State, 243 Ga. App. 775, 776 ( 534 SE2d 464 ) (2000) (“It is axiomatic that the same issue cannot be relitigated ad infinitum. | 1 | 1 |
Thomas v. the Stategreen2 sentences2020See Thomas v. State, 334 Ga. App. 4, 5 ( 778 SE2d 18 ) (2015). 2020See Thomas v. State, 334 Ga. App. 4, 5 ( 778 SE2d 18 ) (2015). | 1 | 1 |
Guice v. Stategreen2 sentences2019See Guice v. State, 282 Ga. App. 747, 747-749 (1), (2) ( 639 SE2d 636 ) (2006). 2019See Guice v. State, 282 Ga. App. 747, 747-749 (1), (2) ( 639 SE2d 636 ) (2006). | 1 | 1 |
Ward v. Stategreen2 sentences2019See von Thomas, 293 Ga. at 572 (2); Ward v. State, 311 Ga. App. 53, 53-54 ( 714 SE2d 731 ) (2011). 2019See von Thomas, 293 Ga. at 572 (2); Ward v. State, 311 Ga. App. 53, 53-54 ( 714 SE2d 731 ) (2011). | 1 | 1 |
Spencer v. Stategreen2 sentences2019In any event, the challenge is meritless, as “the Official Code of Georgia included an enacting clause when it was adopted by the legislature.” Spencer v. State, 286 Ga. 483, 483 (4) ( 689 SE2d 823 ) (2010) (citing OCGA § 1-1-1). 2019In any event, the challenge is meritless, as “the Official Code of Georgia included an enacting clause when it was adopted by the legislature.” Spencer v. State, 286 Ga. 483, 483 (4) ( 689 SE2d 823 ) (2010) (citing OCGA § 1-1-1). | 1 | 1 |
Kimbrough v. Stategreen2 sentences2015See VonThomas v. State, 293 Ga. 569, 572-573 (2) ( 748 SE2d 446 ) (2013); Kimbrough v. State, 325 Ga. App. 519, 523 (2) (b) ( 754 SE2d 109 ) (2014). 2015See VonThomas v. State, 293 Ga. 569, 572-573 (2) ( 748 SE2d 446 ) (2013); Kimbrough v. State, 325 Ga. App. 519, 523 (2) (b) ( 754 SE2d 109 ) (2014). | 1 | 1 |
Shelton v. Stategreen2 sentences2012See Shelton v. State, 307 Ga. App. 599, 603 (3) (b) ( 705 SE2d 699 ) (2011). 2012See Shelton v. State, 307 Ga. App. 599, 603 (3) (b) ( 705 SE2d 699 ) (2011). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Gholston v. State
green
2 sentences2017While defects in an indictment may affect the validity of a conviction, they do not form the basis of a colorable void-sentence claim.1 See Gholston v. State, 327 Ga. App. 790 ( 761 SE2d 189 ) (2014) (claim that indictment failed to alleged essential elements of crime “relates to the validity of [the defendant’s] conviction, not his sentence”). 2017While defects in an indictment may affect the validity of a conviction, they do not form the basis of a colorable void-sentence claim.1 See Gholston v. State, 327 Ga. App. 790 ( 761 SE2d 189 ) (2014) (claim that indictment failed to alleged essential elements of crime “relates to the validity of [the defendant’s] conviction, not his sentence”). | 1 | 2017–2017 |
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.