Smith v. Ault, 197 S.E.2d 348 (Ga. 1973). · Go Syfert
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Smith v. Ault, 197 S.E.2d 348 (Ga. 1973). Cases Citing This Book View Copy Cite
50 citation events (4 in the last 25 years) across 3 distinct courts.
Strongest positive: Davis v. Thomas (ga, 1996-05-28)
Treatment trajectory · 1973 → 2026 · click a year to view as-of
1973 1999 2026
Top citers, strongest first. 7 distinct citers.
discussed Cited as authority (rule) Davis v. Thomas (2×)
Ga. · 1996 · confidence medium
Stephens v. Balkcom, 245 Ga. 492 (3) ( 265 SE2d 596 ) (1980); McClure v. Hopper, 234 Ga. 45, 48 (3) ( 214 SE2d 503 ) (1975); Smith v. Ault, 230 Ga. 433, 434 (7) ( 197 SE2d 348 ) (1973).
discussed Cited as authority (rule) United States v. Rex Richard Veteto
11th Cir. · 1991 · confidence medium
The Georgia Supreme Court has made clear that “[i]t is within the discretion of the trial judge to impose consecutive sentences for separate offenses.” Smith v. Ault, 230 Ga. 433, 433 , 197 S.E.2d 348, 349 (1973); see also Hambrick v. State, 256 Ga. 148, 149 , 344 S.E.2d. 639, 640 (1986); Hoerner v. State, 246 Ga. 374, 374 , 271 S.E.2d 458, 460 (1980).
discussed Cited as authority (rule) McCorquodale v. Stynchcombe
Ga. · 1977 · confidence medium
"This Court has repeatedly held that the constitutional right to effective assistance of counsel does not apply to a habeas corpus proceeding, which is not a criminal case.” Smith v. Ault, 230 Ga. 433, 434 (7) ( 197 SE2d 348 ) (1973); Wayman v. Caldwell, 229 Ga. 2 ( 189 SE2d 74 ) (1972).
discussed Cited "see" Heaton v. State (2×)
Ga. Ct. App. · 1985 · signal: see · confidence high
See Smith v. Ault, 230 Ga. 433 (1) ( 197 SE2d 348 ) (1973).
examined Cited "see" Sims v. Caldwell (4×)
Ga. · 1973 · signal: see · confidence high
See Smith v. Ault, 230 Ga. 433 ( 197 SE2d 348 ); Patterson v. Caldwell, 229 Ga. 321 ( 191 SE2d 43 ).
discussed Cited "see, e.g." Timothy Sutton v. State (2×)
Ga. Ct. App. · 2017 · signal: see also · confidence medium
He further contends that when “certain legal offenses” are elements of the charged crime, a trial court errs in failing to provide the jury with legal definitions of the “elemental crimes.” In support of this argument, he refers us to cases in which the trial court failed to charge the jury on the legal definition of a crime that was a “material element” of the charged offense.18 But his reliance on those cases is misplaced because we have expressly held “that possession of burglary tools and burglary are separate and distinct offenses and conviction of one 16 Id.; accord Lake v.…
discussed Cited "see, e.g." Sutton v. the State (2×)
Ga. Ct. App. · 2016 · signal: see also · confidence medium
Such plain error may be considered on appeal even if it was not brought to the [trial] court’s attention as provided in subsection (a) of this Code section.”). 15 Smith v. State, 292 Ga. 316, 319 (3) ( 737 SE2d 677 ) (2013). 16 Id.; accord Lake v. State, 293 Ga. 56, 59 (5) ( 743 SE2d 414 ) (2013). 17 Lake, 293 Ga. at 59 (5). 18 See Essuon v. State, 286 Ga. App. 869, 872 (2) ( 650 SE2d 409 ) (2007) (holding that the trial court committed reversible error when it failed to charge the jury on the legal elements of “felony” and “murder” when both were elements of the charged offense—…
Smith
v.
Ault
27769.
Supreme Court of Georgia.
Apr 13, 1973.
197 S.E.2d 348
John Thomas Smith, pro se., ArthurK. Bolton, Attorney General, HaroldN. Hill, Jr., Executive Assistant Attorney General, Courtney Wilder Stanton, William F. Bartee, Jr., Assistant Attorneys General, for appellee.
Mobley.
Cited by 23 opinions  |  Published
Mobley, Chief Justice.

John Thomas Smith filed a post-conviction petition for writ of habeas corpus. He is serving a sentence of two years for burglary and four years for possession of burglary tools. He appeals from the judgment denying him relief, and remanding him to the custody of the respondent.

1. The offenses of burglary and possessing burglary tools are separate and distinct, and an accused may be convicted of both offenses, even though they are committed in the same transaction. Shelly v. State, 107 Ga. App. 736 (1) (131 SE2d 135).

2. Where the offenses of burglary and possessing bur-' glary tools are committed in the same transaction, an indictment is not illegal because it contains a count charging burglary and a count charging the possession of burglary tools. Compare Henderson v. State, 227 Ga. 68, 74 (179 SE2d 76).

3. It is within the discretion of the trial judge to impose consecutive sentences for separate offenses. Code Ann. § 27-2510 (Ga. L. 1964, p. 494).

4. There is no merit in the appellant’s contention that he should be credited on his sentences for the time he was at liberty on bond while his conviction was appealed. Code Ann. § 27-2505 (Ga. L. 1965, p. 230).

5. There is no merit in the appellant’s contention that he was denied effective assistance of counsel because his retained counsel did not petition the Court of Appeals for a rehearing of the adverse decision of his case in that court, and did not file petition for certiorari to this court. As to this contention the habeas corpus judge was authorized to find from the evidence on the hearing that: The appellant’s retained counsel was not paid for his services in filing an appeal, but he did file such an appeal. Counsel was unable to reach the[*434] appellant at the address he had given counsel to inform him of the adverse decision. However, counsel would have filed motion for rehearing in the Court of Appeals, and petition for certiorari to this court, if he had though that he had meritorious grounds for such motion and petition.

Submitted February 12, 1973 Decided April 13, 1973. John Thomas Smith, pro se. ArthurK. Bolton, Attorney General, HaroldN. Hill, Jr., Executive Assistant Attorney General, Courtney Wilder Stanton, William F. Bartee, Jr., Assistant Attorneys General, for appellee.

6. There is no merit in the appellant’s contention that he was denied the right of an appeal from his conviction. See Smith v. State, 122 Ga. App. 98 (176 SE2d 284).

7. The appellant asserts that the attorney who represented him at the habeas corpus hearing was "inept and inefficient” and that he failed to pursue points raised in the petition for habeas corpus. The record does not sustain these contentions. However, this court has repeatedly held that the constitutional right of effective assistance of counsel does not apply to a habeas corpus proceeding, which is not a criminal case. Wayman v. Caldwell, 229 Ga. 2 (189 SE2d 74).

8. The record does not indicate that the appellant was denied any constitutional right, and it was not error to remand him to the custody of the respondent.

Judgment affirmed.

All the Justices concur.