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

5 Georgia opinions name it 2 courts 2011–2022 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 (5)

CaseFollowedCited
Wilder v. Stategreen
gactapp · 2010 · cited in 3 Georgia opinions naming this issue, 2013–2017
2 sentences

2017Andrews and Rickman, JJ., concur. 1 See Wilder v. State , 304 Ga.App. 891 , 698 S.E.2d 374 (2010) ; Wilder v. State , 290 Ga. 13 , 717 S.E.2d 457 (2011) ; Wilder v. State , 320 Ga.App. 497 , 740 S.E.2d 241 (2013). 2 An additional count of child molestation merged with the greater offense. 3 See Wilder v. State , Case No. A16A1288, decided September 8, 2016 (unpublished decision reversing the denial of Wilder's motion for an out of time appeal). 4 On the hearing date, OCGA § 17-10-6.2 (b) (2006) provides: [N]otwithstanding any other provisions of law to the contrary, any person convicted of a s

2017Andrews and Rickman, JJ., concur. 1 See Wilder v. State , 304 Ga.App. 891 , 698 S.E.2d 374 (2010) ; Wilder v. State , 290 Ga. 13 , 717 S.E.2d 457 (2011) ; Wilder v. State , 320 Ga.App. 497 , 740 S.E.2d 241 (2013). 2 An additional count of child molestation merged with the greater offense. 3 See Wilder v. State , Case No. A16A1288, decided September 8, 2016 (unpublished decision reversing the denial of Wilder's motion for an out of time appeal). 4 On the hearing date, OCGA § 17-10-6.2 (b) (2006) provides: [N]otwithstanding any other provisions of law to the contrary, any person convicted of a s

23
Hicks v. Stategreen
gactapp · 1997 · cited in 1 Georgia opinions naming this issue, 2017–2017
2 sentences

2017No portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court and such sentence shall include, in addition to the mandatory imprisonment, an additional probated sentence of at least one year .... 5 Fleming v. State , 271 Ga. 587 , 590, 523 S.E.2d 315 (1999) ( "[I]t has long been the law in this state that, in general, a crime is to be construed and punished according to the provisions of the law existing at the time of its commission."); Hicks v. State , 228 Ga.App. 235 , 237 (1) (b), 494 S.E.2d 342 (1997) ("The law as

2017No portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court and such sentence shall include, in addition to the mandatory imprisonment, an additional probated sentence of at least one year .... 5 Fleming v. State , 271 Ga. 587 , 590, 523 S.E.2d 315 (1999) ( "[I]t has long been the law in this state that, in general, a crime is to be construed and punished according to the provisions of the law existing at the time of its commission."); Hicks v. State , 228 Ga.App. 235 , 237 (1) (b), 494 S.E.2d 342 (1997) ("The law as

11
Fleming v. Stategreen
ga · 1999 · cited in 1 Georgia opinions naming this issue, 2017–2017
2 sentences

2017No portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court and such sentence shall include, in addition to the mandatory imprisonment, an additional probated sentence of at least one year .... 5 Fleming v. State , 271 Ga. 587 , 590, 523 S.E.2d 315 (1999) ( "[I]t has long been the law in this state that, in general, a crime is to be construed and punished according to the provisions of the law existing at the time of its commission."); Hicks v. State , 228 Ga.App. 235 , 237 (1) (b), 494 S.E.2d 342 (1997) ("The law as

2017No portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court and such sentence shall include, in addition to the mandatory imprisonment, an additional probated sentence of at least one year .... 5 Fleming v. State , 271 Ga. 587 , 590, 523 S.E.2d 315 (1999) ( "[I]t has long been the law in this state that, in general, a crime is to be construed and punished according to the provisions of the law existing at the time of its commission."); Hicks v. State , 228 Ga.App. 235 , 237 (1) (b), 494 S.E.2d 342 (1997) ("The law as

11
Teal v. Stategreen
ga · 2007 · cited in 1 Georgia opinions naming this issue, 2011–2011
2 sentences

2011See also Teal v. State, 282 Ga. 319 (2) ( 647 SE2d 15 ) (2007).

2011See also Teal v. State, 282 Ga. 319 (2) ( 647 SE2d 15 ) (2007).

11
State v. Lejeunegreen
ga · 2004 · cited in 1 Georgia opinions naming this issue, 2011–2011
2 sentences

2011Based on these facts, the trial court denied Wilder’s motion to suppress on the ground that Malin had validly consented to the seizure of the briefcase; alternatively, the court held that the evidence was admissible under the independent source doctrine, which authorizes admission of evidence initially discovered through improper means if it was ultimately “obtained ... by a means untainted by and unrelated to the initial illegality.” (Footnote omitted.) State v. Lejeune, 277 Ga. 749, 754 (3) (A) ( 594 SE2d 637 ) (2004).

2011Based on these facts, the trial court denied Wilder’s motion to suppress on the ground that Malin had validly consented to the seizure of the briefcase; alternatively, the court held that the evidence was admissible under the independent source doctrine, which authorizes admission of evidence initially discovered through improper means if it was ultimately “obtained ... by a means untainted by and unrelated to the initial illegality.” (Footnote omitted.) State v. Lejeune, 277 Ga. 749, 754 (3) (A) ( 594 SE2d 637 ) (2004).

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 (3)

CaseCitedYears
HICKEY Et Al. v. RREF BB SBL ACQUISITIONS, LLC green
gactapp · 2016
2 sentences

2022Upon entry of a trial court order disposing of Wilder’s motion to dismiss, any party aggrieved by such order may seek further appellate review by either (i) seeking a certificate of immediate review from the trial court and, if one is obtained, by filing an application for interlocutory review in this Court, see OCGA § 5-6-34 (b), or (ii) if the order is subject to immediate review, by filing a timely notice of appeal referencing such order, see OCGA § 5-6-38 (a); Hickey v. RREF BB SBL Acquisitions, 336 Ga. App. 411 , 412- 414 (1) ( 785 SE2d 72 ) (2016).

2022Upon entry of a trial court order disposing of Wilder’s motion to dismiss, any party aggrieved by such order may seek further appellate review by either (i) seeking a certificate of immediate review from the trial court and, if one is obtained, by filing an application for interlocutory review in this Court, see OCGA § 5-6-34 (b), or (ii) if the order is subject to immediate review, by filing a timely notice of appeal referencing such order, see OCGA § 5-6-38 (a); Hickey v. RREF BB SBL Acquisitions, 336 Ga. App. 411 , 412- 414 (1) ( 785 SE2d 72 ) (2016).

12022–2022
Wilder v. State green
gactapp · 2013
2 sentences

2017Andrews and Rickman, JJ., concur. 1 See Wilder v. State , 304 Ga.App. 891 , 698 S.E.2d 374 (2010) ; Wilder v. State , 290 Ga. 13 , 717 S.E.2d 457 (2011) ; Wilder v. State , 320 Ga.App. 497 , 740 S.E.2d 241 (2013). 2 An additional count of child molestation merged with the greater offense. 3 See Wilder v. State , Case No. A16A1288, decided September 8, 2016 (unpublished decision reversing the denial of Wilder's motion for an out of time appeal). 4 On the hearing date, OCGA § 17-10-6.2 (b) (2006) provides: [N]otwithstanding any other provisions of law to the contrary, any person convicted of a s

2017Andrews and Rickman, JJ., concur. 1 See Wilder v. State , 304 Ga.App. 891 , 698 S.E.2d 374 (2010) ; Wilder v. State , 290 Ga. 13 , 717 S.E.2d 457 (2011) ; Wilder v. State , 320 Ga.App. 497 , 740 S.E.2d 241 (2013). 2 An additional count of child molestation merged with the greater offense. 3 See Wilder v. State , Case No. A16A1288, decided September 8, 2016 (unpublished decision reversing the denial of Wilder's motion for an out of time appeal). 4 On the hearing date, OCGA § 17-10-6.2 (b) (2006) provides: [N]otwithstanding any other provisions of law to the contrary, any person convicted of a s

12017–2017
Wilder v. State green
ga · 2011
2 sentences

2017Andrews and Rickman, JJ., concur. 1 See Wilder v. State , 304 Ga.App. 891 , 698 S.E.2d 374 (2010) ; Wilder v. State , 290 Ga. 13 , 717 S.E.2d 457 (2011) ; Wilder v. State , 320 Ga.App. 497 , 740 S.E.2d 241 (2013). 2 An additional count of child molestation merged with the greater offense. 3 See Wilder v. State , Case No. A16A1288, decided September 8, 2016 (unpublished decision reversing the denial of Wilder's motion for an out of time appeal). 4 On the hearing date, OCGA § 17-10-6.2 (b) (2006) provides: [N]otwithstanding any other provisions of law to the contrary, any person convicted of a s

2017Andrews and Rickman, JJ., concur. 1 See Wilder v. State , 304 Ga.App. 891 , 698 S.E.2d 374 (2010) ; Wilder v. State , 290 Ga. 13 , 717 S.E.2d 457 (2011) ; Wilder v. State , 320 Ga.App. 497 , 740 S.E.2d 241 (2013). 2 An additional count of child molestation merged with the greater offense. 3 See Wilder v. State , Case No. A16A1288, decided September 8, 2016 (unpublished decision reversing the denial of Wilder's motion for an out of time appeal). 4 On the hearing date, OCGA § 17-10-6.2 (b) (2006) provides: [N]otwithstanding any other provisions of law to the contrary, any person convicted of a s

12017–2017

Where else courts name it

GA 5 (2011–2022) HI 2 (1988–1989) MI 2 (2008–2008) NC 2 (2005–2024) FL 2 (2000–2008) NY 2 (1998–2000) IL 2 (1987–1988)

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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