practical effect waiver (Georgia) · Go Syfert
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practical effect waiver in Georgia

5 Georgia opinions name it 1 courts 2014–2021 1 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 (1)

CaseFollowedCited
Nazario v. Stategreen
ga · 2013 · cited in 5 Georgia opinions naming this issue, 2014–2021
2 sentences

2021In this respect, merger claims in guilty plea cases are like other claims that a defendant who pleads guilty may try to raise but rarely will be able to establish based on the limited record.30 28 Id. 29 Nazario v. State, 293 Ga. 480, 488 (2) (d) ( 746 SE2d 109 ) (2013). 30 Id. 12 Based on the limited record before us, we cannot say that the distinct acts of child cruelty included in the indictment, and to which Ray pleaded guilty, merged as this would “depend[] on facts that are not in the record.”31 Therefore, we affirm the trial court’s ruling.

2021In this respect, merger claims in guilty plea cases are like other claims that a defendant who pleads guilty may try to raise but rarely will be able to establish based on the limited record.30 28 Id. 29 Nazario v. State, 293 Ga. 480, 488 (2) (d) ( 746 SE2d 109 ) (2013). 30 Id. 12 Based on the limited record before us, we cannot say that the distinct acts of child cruelty included in the indictment, and to which Ray pleaded guilty, merged as this would “depend[] on facts that are not in the record.”31 Therefore, we affirm the trial court’s ruling.

55

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Statutes the citing opinions construe

GA § 16-5-21 (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

NJ 14 (1961–2024) CA 9 (1997–2024) VA 6 (1924–2024) UT 6 (1988–2022) IL 5 (1989–2023) GA 5 (2014–2021) WA 5 (1987–2013) OR 4 (2001–2023) PA 4 (1949–1975) KY 4 (1998–2026) LA 3 (1961–2010) FL 3 (1984–2007) NM 3 (1991–2022) CT 2 (1925–1991) AL 2 (1914–1984) TN 2 (2012–2013) MN 2 (1976–1976) TX 2 (1995–2000) DC 2 (1977–1977) OH 2 (1974–1977)

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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