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

5 Georgia opinions name it 2 courts 2001–2016 0 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 (6)

CaseFollowedCited
Humphrey, Warden v. Walkergreen
ga · 2014 · cited in 1 Georgia opinions naming this issue, 2016–2016
2 sentences

2016See Humphrey v. Walker, 294 Ga. 855, 858 (II) (A) ( 757 SE2d 68 ) (2014) (“A common method of satisfying the cause and prejudice test is to show that trial and direct appeal counsel rendered ineffective assistance . . .

2016See Humphrey v. Walker, 294 Ga. 855, 858 (II) (A) ( 757 SE2d 68 ) (2014) (“A common method of satisfying the cause and prejudice test is to show that trial and direct appeal counsel rendered ineffective assistance . . .

11
Kelley v. Randolphgreen
ga · 2014 · cited in 1 Georgia opinions naming this issue, 2015–2015
2 sentences

2015See Kelley v. Randolph, 295 Ga. 721, 722 (1) ( 763 SE2d 858 ) (2014). 2 The Joblings also named the subcontractor as a defendant in this lawsuit but later dismissed their claims against the subcontractor without prejudice. 3 Other documentation indicates that the road may have been treated twice on January 12. 4 The road was also treated after the Accident on the evening of January 14 or early January 15. 5 Both January 14 e-mails will he referred to collectively as the “E-mails.” 6 We reject Shelton’s argument on appeal that the Joblings asserted claims against him only in his official capaci

2015See Kelley v. Randolph, 295 Ga. 721, 722 (1) ( 763 SE2d 858 ) (2014). 2 The Joblings also named the subcontractor as a defendant in this lawsuit but later dismissed their claims against the subcontractor without prejudice. 3 Other documentation indicates that the road may have been treated twice on January 12. 4 The road was also treated after the Accident on the evening of January 14 or early January 15. 5 Both January 14 e-mails will he referred to collectively as the “E-mails.” 6 We reject Shelton’s argument on appeal that the Joblings asserted claims against him only in his official capaci

11
State v. Woffordgreen
gactapp · 2013 · cited in 1 Georgia opinions naming this issue, 2014–2014
2 sentences

2014See Wofford, supra, 321 Ga. App. at 258 (1). 3.

2014See Wofford, supra, 321 Ga. App. at 258 (1). 3.

11
Garza v. Stategreen
ga · 2008 · cited in 1 Georgia opinions naming this issue, 2011–2011
2 sentences

2011Accordingly, Shelton’s motion for an out-of-time appeal raising this claim was properly denied. (c) Shelton also argues that his kidnapping charge was void in light of Garza v. State, 284 Ga. 696, 701-702 (1) ( 670 SE2d 73 ) (2008), which established a new test for analyzing the element of asportation.

2011Accordingly, Shelton’s motion for an out-of-time appeal raising this claim was properly denied. (c) Shelton also argues that his kidnapping charge was void in light of Garza v. State, 284 Ga. 696, 701-702 (1) ( 670 SE2d 73 ) (2008), which established a new test for analyzing the element of asportation.

11
Middlebrooks v. Stategreen
gactapp · 2008 · cited in 1 Georgia opinions naming this issue, 2011–2011
2 sentences

2011See Middlebrooks v. State, 289 Ga. App. 91, 93 (1) ( 656 SE2d 224 ) (2008). 5 We note that the trial court’s order denying Shelton’s motion only addressed the ineffective assistance of counsel issue and failed to address the remaining claims presented in Shelton’s motion.

2011See Middlebrooks v. State, 289 Ga. App. 91, 93 (1) ( 656 SE2d 224 ) (2008). 5 We note that the trial court’s order denying Shelton’s motion only addressed the ineffective assistance of counsel issue and failed to address the remaining claims presented in Shelton’s motion.

11
Humphrey v. Stategreen
gactapp · 2001 · cited in 1 Georgia opinions naming this issue, 2001–2001
2 sentences

2001However, we do not find that a reversal is warranted. “[E]rror alone is not automatically grounds for a new trial but is subject to scrutiny for harmless error.” (Punctuation and footnote omitted.) Humphrey v. State, 249 Ga. App. 805, 807 (1) ( 549 SE2d 144 ) (2001) (applying harmless error analysis to erroneous admission of similar transaction evidence).

2001However, we do not find that a reversal is warranted. “[E]rror alone is not automatically grounds for a new trial but is subject to scrutiny for harmless error.” (Punctuation and footnote omitted.) Humphrey v. State, 249 Ga. App. 805, 807 (1) ( 549 SE2d 144 ) (2001) (applying harmless error analysis to erroneous admission of similar transaction evidence).

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Distinguished, questioned or overruled (0)

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

Where else courts name it

FL 9 (2008–2025) TX 7 (1992–2009) CA 5 (1968–2024) GA 5 (2001–2016) OH 3 (1987–2018) NC 3 (2012–2016) IL 3 (1989–2026) PA 3 (2015–2024) IA 3 (2018–2024) VA 3 (1996–2025) MI 2 (1986–2002) AL 2 (2010–2010) MO 2 (2001–2004) NV 2 (2012–2012) NY 2 (2005–2010) KY 2 (2021–2025) SC 2 (1995–2012)

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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