391 Georgia opinions name it 1 courts 2012–2026 53 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 |
|---|---|---|
Burg v. Stategreen2 sentences2020A direct appeal may lie from an order denying a motion to vacate or correct a void sentence only if the defendant raises a colorable claim that the sentence is, in fact, void.2 “Motions to vacate a void sentence generally are limited to claims that — even assuming the existence and validity of the conviction for which the sentence was imposed — the law does not authorize that sentence, most typically because it exceeds the most severe punishment for which the applicable penal statute provides.”3 1 The court modified Kanlica’s sentence to a 10-year term of confinement for count 1, a 15-year ter 2020A direct appeal may lie from an order denying a motion to vacate or correct a void sentence only if the defendant raises a colorable claim that the sentence is, in fact, void.2 “Motions to vacate a void sentence generally are limited to claims that — even assuming the existence and validity of the conviction for which the sentence was imposed — the law does not authorize that sentence, most typically because it exceeds the most severe punishment for which the applicable penal statute provides.”3 1 The court modified Kanlica’s sentence to a 10-year term of confinement for count 1, a 15-year ter | 351 | 352 |
Harper v. Stategreen2 sentences2023See Harper v. State, 286 Ga. 216 , 217 n.1 ( 686 SE2d 786 ) (2009) (a direct appeal may lie from an order denying or dismissing a motion to vacate a void sentence, but only if the defendant raises a colorable claim that the sentence is, in fact, void). 2023See Harper v. State, 286 Ga. 216 , 217 n.1 ( 686 SE2d 786 ) (2009) (a direct appeal may lie from an order denying or dismissing a motion to vacate a void sentence, but only if the defendant raises a colorable claim that the sentence is, in fact, void). | 297 | 326 |
Frazier v. Stategreen2 sentences2025See id. 2025See Frazier, 302 Ga. App. at 348 . | 11 | 13 |
von Thomas v. Stategreen2 sentences2020A direct appeal may lie from an order denying a motion to vacate or correct a void sentence only if the defendant raises a colorable claim that the sentence is, in fact, void.2 “Motions to vacate a void sentence generally are limited to claims that — even assuming the existence and validity of the conviction for which the sentence was imposed — the law does not authorize that sentence, most typically because it exceeds the most severe punishment for which the applicable penal statute provides.”3 1 The court modified Kanlica’s sentence to a 10-year term of confinement for count 1, a 15-year ter 2020A direct appeal may lie from an order denying a motion to vacate or correct a void sentence only if the defendant raises a colorable claim that the sentence is, in fact, void.2 “Motions to vacate a void sentence generally are limited to claims that — even assuming the existence and validity of the conviction for which the sentence was imposed — the law does not authorize that sentence, most typically because it exceeds the most severe punishment for which the applicable penal statute provides.”3 1 The court modified Kanlica’s sentence to a 10-year term of confinement for count 1, a 15-year ter | 4 | 4 |
Williams v. Stategreen2 sentences2013See Harper v. State, 286 Ga. 216 n.1 ( 686 SE2d 786 ) (2009); Williams v. State, 271 Ga. 686, 689 ( 523 SE2d 857 ) (1999). 2013See Harper v. State, 286 Ga. 216 n.1 ( 686 SE2d 786 ) (2009); Williams v. State, 271 Ga. 686, 689 ( 523 SE2d 857 ) (1999). | 3 | 3 |
Alropa Corporation v. Pomerancegreen1 sentence2017See Boyle v. State, 190 Ga. 1 A direct appeal may lie from an order denying or dismissing a motion to vacate a void sentence, but only if the defendant raises a colorable claim that the sentence is, in fact, void. | 1 | 1 |
MUTO EX REL. MUTO v. Scottgreen1 sentence2017See Harper v. State, 286 Ga. 216 , 217 n. 1 ( 686 SE2d 1 In his prior appeals, appellant’s name was spelled “Windhom,” but in the instant appellate record his name is spelled “Windham.” 786) (2009); Burg v. State, 297 Ga. App. 118, 119 ( 676 SE2d 465 ) (2009). | 1 | 1 |
Roberts v. Stategreen1 sentence2014See id., supra at n.1; Burg v. State, 297 Ga. App. 118, 119 ( 676 SE2d 465 ) (2009). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Griffin v. State
green
2 sentences2023Jones, 278 Ga. at 670 . 2022Jones, 278 Ga. at 671 . | 4 | 2022–2023 |
Dziwura v. Broda
neutral
1 sentence2016See Harper v. State, 286 Ga. 216, n.1 ( 686 SE2d 786 ) (2009); Burg v. State, 297 Ga. App. 1 The motion is not included in the record for this appeal but was transmitted to this Court as a supplemental record for Smith’s prior appeal. | 1 | 2016–2016 |
North Carolina v. Alford
green
2 sentences2015A direct appeal may lie from an order denying a motion to vacate or correct 1 North Carolina v. Alford, 400 U. S. 25 ( 91 SCt 160 , 27 LEd2d 162 ) (1970). a void sentence, but only if the defendant raises a colorable claim that the sentence is, in fact, void. 2015A direct appeal may lie from an order denying a motion to vacate or correct 1 North Carolina v. Alford, 400 U. S. 25 ( 91 SCt 160 , 27 LEd2d 162 ) (1970). a void sentence, but only if the defendant raises a colorable claim that the sentence is, in fact, void. | 1 | 2015–2015 |
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.
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.