Dawson v. State, 369 S.E.2d 897 (Ga. 1988). · Go Syfert
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Dawson v. State, 369 S.E.2d 897 (Ga. 1988). Cases Citing This Book View Copy Cite
171 citation events (35 in the last 25 years) across 2 distinct courts.
Strongest positive: Collier v. State (ga, 2019-10-21)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 33 distinct citers.
discussed Cited as authority (rule) Collier v. State
Ga. · 2019 · confidence medium
In many cases, motions for new trial have metastasized into all but a retrial of the entire case due to our requirements that ineffectiveness claims be raised in such a motion to avoid waiver, see Smith v. State, 255 Ga. 654 ( 341 SE2d 5 ) (1986); Thompson v. State, 257 Ga. 386 ( 359 SE2d 664 ) (1987), and that the failure to request a hearing on a motion for new trial premised on such a claim results in the waiver of the right to a hearing, Dawson v. State, 258 Ga. 380, 381 (2) ( 369 SE2d 897 ) (1988).
discussed Cited as authority (rule) Daniels v. State
Ga. Ct. App. · 2009 · confidence medium
See, e.g., Slade v. State, 267 Ga. 868, 869 (2) ( 485 SE2d 726 ) (1997) (a party must proffer into evidence the testimony or documents upon which he relies in support of his claim); Dawson v. State, 258 Ga. 380, 381 (3) ( 369 SE2d 897 ) (1988) (if the claim of ineffectiveness relates to matters outside of the record, testimony is needed to address the claim).
cited Cited as authority (rule) Carter v. State
Ga. Ct. App. · 2005 · confidence medium
See Wilson v. State, supra, 277 Ga. at 198-200 ; Dawson v. State, 258 Ga. 380, 381 (3) ( 369 SE2d 897 ) (1988), adopting Dawson v. State, 186 Ga. App. 718, 721 (6) ( 368 SE2d 367 ) (1988).
cited Cited as authority (rule) Capps v. State
Ga. Ct. App. · 2005 · confidence medium
Dawson v. State, supra, 258 Ga. at 381 (2).
discussed Cited as authority (rule) Woods v. State
Ga. Ct. App. · 2002 · confidence medium
“Generally if the claim of ineffectiveness relates to matters outside of the record, then trial counsel’s testimony will usually be needed. . . . [I]f the claim involves matters during the course of the trial as shown by the transcript, then trial counsel’s testimony may not be required.” Dawson v. State, 258 Ga. 380, 381 (3) ( 369 SE2d 897 ) (1988).
discussed Cited as authority (rule) Roberts v. State
Ga. Ct. App. · 2000 · confidence medium
Dawson v. State, 258 Ga. 380, 381 (3) ( 369 SE2d 897 ) (1988). (a) As to Roberts’ claim that his trial counsel was ineffective for failing to file a motion to suppress his statement on the ground that it was not voluntary, the trial transcript reveals that the judge held a Jackson-Denno hearing mid-trial, heard testimony from the arresting officer and Roberts, and found that Roberts’ statement was voluntary.
discussed Cited as authority (rule) Horne v. State
Ga. Ct. App. · 1998 · confidence medium
Pope, P. J., and Ruffin, J., concur. 1 (Emphasis omitted.) 443 U. S. 307, 319 (99 SC 2781, 61 LE2d 560) (1979). 2 See OCGA §§ 16-2-20; 16-8-41 (a). 3 Moore v. State, 219 Ga. App. 818, 819 ( 467 SE2d 5 ) (1996); see Spear v. State, 228 Ga. App. 112 (1) ( 491 SE2d 164 ) (1997) (jury determines credibility of accomplice’s testimony). 4 (Citations and punctuation omitted.) Brown v. State, 188 Ga. App. 266 ( 372 SE2d 832 ) (1988); see Riley v. State, 268 Ga. 640 ( 491 SE2d 802 ) (1997); Blalock v. State, 250 Ga. 441, 443 (4) ( 298 SE2d 477 ) (1983). 5 Allen v. State, 224 Ga. App. 324, 325 (3) (…
cited Cited as authority (rule) Clair v. State
Ga. Ct. App. · 1995 · confidence medium
Dawson v. State, 258 Ga. 380, 381 ( 369 SE2d 897 ); Thompson v. State, 257 Ga. 386 ( 359 SE2d 664 ).
cited Cited as authority (rule) Kesler v. State
Ga. Ct. App. · 1994 · confidence medium
Dawson v. State, 258 Ga. 380, 381 (2) ( 369 SE2d 897 ) (1988); Davis v. State, 203 Ga. App. 227 (4) ( 416 SE2d 771 ) (1992).
examined Cited as authority (rule) Pitts v. State (4×)
Ga. Ct. App. · 1993 · confidence medium
However, appellate counsel did not request an evidentiary hearing on this issue as required under Dawson v. State, 258 Ga. 380, 381 (2) ( 369 SE2d 897 ).
discussed Cited as authority (rule) Smith v. State (2×)
Ga. · 1992 · confidence medium
Dawson v. State, 258 Ga. 380, 381 (2) ( 369 SE2d 897 ) (1988). [Fn. omitted.] The opinion of the Court in this case, by failing to explain how the present case is distinguishable from Dawson and Ray , creates the potential for confusion among bench and bar.
cited Cited as authority (rule) Yizar v. State
Ga. · 1992 · confidence medium
Dawson v. State, 258 Ga. 380, 381 (2) ( 369 SE2d 897 ) (1988).
cited Cited as authority (rule) Harrison v. State
Ga. Ct. App. · 1991 · confidence medium
Dawson v. State, 258 Ga. 380, 381 (3) ( 369 SE2d 897 ) (1988).
cited Cited as authority (rule) Mantooth v. State
Ga. Ct. App. · 1990 · confidence medium
Johnson v. State, 259 Ga. 428, 429-430 ( 383 SE2d 115 ); Dawson v. State, 258 Ga. 380, 381 ( 369 SE2d 897 ). 7.
cited Cited as authority (rule) Ray v. State
Ga. · 1990 · confidence medium
Dawson v. State, 258 Ga. 380, 381 (2) ( 369 SE2d 897 ) (1988). 3 *871 Decided March 8, 1990.
discussed Cited "see" Day v. State (2×)
Ga. Ct. App. · 2010 · signal: see · confidence high
See Dawson v. State, 258 Ga. 380, 381 (3) ( 369 SE2d 897 ) (1988).
discussed Cited "see" Freeman v. State (2×)
Ga. Ct. App. · 2006 · signal: see · confidence high
See Dawson v. State, 258 Ga. 380, 381 (3) ( 369 SE2d 897 ) (1988).
discussed Cited "see" Allen v. State (2×)
Ga. Ct. App. · 2006 · signal: see · confidence high
See Dawson v. State, 258 Ga. 380, 381 (3) ( 369 SE2d 897 ) (1988).
discussed Cited "see" Jones v. State (2×)
Ga. Ct. App. · 2006 · signal: see · confidence high
See Dawson v. State, 258 Ga. 380, 381 (3) ( 369 SE2d 897 ) (1988).
discussed Cited "see" Whitesides v. State (2×)
Ga. Ct. App. · 2004 · signal: see · confidence high
See Dawson v. State, 258 Ga. 380, 381 (3) ( 369 SE2d 897 ) (1988).
discussed Cited "see" Pullen v. State (2×)
Ga. Ct. App. · 1993 · signal: see · confidence high
See generally Dawson v. State, 258 Ga. 380 (2) ( 369 SE2d 897 ).
discussed Cited "see" Holt v. State (2×)
Ga. Ct. App. · 1992 · signal: see · confidence high
See Dawson v. State, 258 Ga. App. 380 ( 369 SE2d 897 ); Johnson, supra; Weems, supra at 430 .
discussed Cited "see" Bryant v. State (2×)
Ga. Ct. App. · 1992 · signal: see · confidence high
See Dawson v. State, 258 Ga. 380 ( 369 SE2d 897 ); Washington v. State, 193 Ga. App. 823 ( 389 SE2d 407 ).
discussed Cited "see" Thompson v. State (2×)
Ga. Ct. App. · 1992 · signal: see · confidence high
See generally Dawson v. State, 258 Ga. 380 ( 369 SE2d 897 ) (1988); compare Williams v. State, 202 Ga. App. 650 ( 415 SE2d 67 ) (1992) (claim of ineffectiveness of trial counsel waived where after trial resulted in conviction, new counsel failed to file motion for new trial despite opportunity to do so).
discussed Cited "see" Carver v. State (2×)
Ga. Ct. App. · 1992 · signal: see · confidence high
See Dawson v. State, 258 Ga. 380, 381 ( 369 SE2d 897 ) (1988) (testimony of trial counsel not necessary where claim of ineffectiveness is related to matters in the record).
discussed Cited "see" Davis v. State (2×)
Ga. Ct. App. · 1992 · signal: see · confidence high
See Dawson v. State, 258 Ga. 380, 381 ( 369 SE2d 897 ) (1988).
discussed Cited "see" Williams v. State (2×)
Ga. Ct. App. · 1992 · signal: see · confidence high
See Dawson v. State, 258 Ga. 380 ( 369 SE2d 897 ); Thompson v. State, 257 Ga. 386 ( 359 SE2d 664 ); Rigenstrup v. State, 197 Ga. App. 176, 180 (3) ( 398 SE2d 25 ); Washington v. State, 193 Ga. App. 823 ( 389 SE2d 407 ); compare Ponder v. State, 260 Ga. 840, 841-842 ( 400 SE2d 922 ) (holding inter alia that a claim of ineffective assistance of counsel may not be asserted in an out-of-time appeal unless appellate counsel pursues a motion for new trial, subsequent to the grant of the out-of-time appeal, in which the issue is raised and resolved by means of an evidentiary hearing), decided Februar…
discussed Cited "see" Boyce v. State (2×)
Ga. Ct. App. · 1991 · signal: see · confidence high
See Dawson v. State, 258 Ga. 380, 381 (3) ( 369 SE2d 897 ) (1988).
discussed Cited "see" Brooks v. State (2×)
Ga. Ct. App. · 1990 · signal: see · confidence high
See generally Dawson v. State, 258 Ga. 380 ( 369 SE2d 897 ) (1988), and cases cited therein.
discussed Cited "see" Rigenstrup v. State (2×)
Ga. Ct. App. · 1990 · signal: see · confidence high
Washington v. State, 193 Ga. App. 823 ( 389 SE2d 407 ); see Dawson v. State, 258 Ga. 380 ( 369 SE2d 897 ) and Thompson v. State, 257 Ga. 386 ( 359 SE2d 664 ). 4.
examined Cited "see" Weems v. State (4×)
Ga. Ct. App. · 1990 · signal: see · confidence high
See Dawson v. State, 258 Ga. 380 ( 369 SE2d 897 ) (1988), quoting from Smith v. State, 255 Ga. 654 ( 341 SE2d 5 ) (1986).
discussed Cited "see" Ross v. State (2×)
Ga. Ct. App. · 1990 · signal: accord · confidence high
Washington v. State, 193 Ga. App. 823 ( 389 SE2d 407 ); accord Dawson v. State, 258 Ga. 380 ( 369 SE2d 897 ); Smith v. State, 255 Ga. 654 ( 341 SE2d 5 ).
discussed Cited "see" Hatcher v. State (2×)
Ga. · 1989 · signal: see · confidence high
See Dawson v. State, 258 Ga. 380 (3) ( 369 SE2d 897 ) (1988).
Dawson
v.
the State
45740.
Supreme Court of Georgia.
Jul 6, 1988.
369 S.E.2d 897
Wayne W. Gammon, for appellant., Darrell E. Wilson, District Attorney, for appellee.
Smith, Hunt.
Cited by 76 opinions  |  Published
Smith, Justice.

We granted certiorari in Dawson v. State, 186 Ga. App. 718 (368 SE2d 367) (1988), to determine whether this case should have been remanded to the trial court for findings of fact as to ineffective assistance of counsel. We reverse and remand.

1. In Smith v. State, 255 Ga. 654 (341 SE2d 5) (1986), the defendant’s trial counsel filed a motion for new trial. The defendant retained different counsel to represent him on appeal. [1] Appellate counsel filed an amended motion for new trial, but he did not challenge the effectiveness of trial counsel. The claim was raised for the first time on direct appeal. This Court noted:

[i]t is a requisite of a sound system of criminal justice, serving alike the proper ends of defendants and of the public, that any contention concerning the violation of the constitutional right of counsel should be made at the earliest practicable moment.

Id. at 655, 656. Thus, the case was remanded to the trial court for a hearing concerning the claim of ineffective assistance of counsel.

In Thompson v. State, 257 Ga. 386 (359 SE2d 664) (1987), appellate counsel filed an amended motion for new trial. The claim of ineffective assistance of counsel was not raised until the direct appeal was[*381] filed. The case was remanded under the rationale of Smith, supra, for the trial court to consider the claim. However, we held:

Decided July 6, 1988. Wayne W. Gammon, for appellant. Darrell E. Wilson, District Attorney, for appellee.
[a]ny ineffective counsel challenge will be deemed waived [and the case will not be remanded] if appellate counsel files an amended motion for new trial and does not raise the issue before the trial court so that the challenge can be heard at the earliest practicable moment, i.e., during the hearing on the amended motion.

Id. at 388.

Unlike Smith and Thompson, in this case the issue of ineffective assistance of trial counsel was raised in the trial court in an amended motion for new trial filed by appellate counsel. However, he did not request an evidentiary hearing on the issue, but he argued the motion by filing an extensive brief. Thus, Thompson does not control, and under the Smith rationale the case must be remanded for an evidentiary hearing. However, this Court will no longer remand such cases.

2. When appellate counsel raises the issue of ineffective assistance of counsel in an amended motion for new trial, appellate counsel must request a hearing on the issue. If no such request is made, the right to a hearing is waived. This rule will take effect the day this opinion is published in the Official Advance Sheets.

3. Though we are remanding this case for an evidentiary hearing, we adopt the Court of Appeals’ opinion which concerns the necessity of trial counsel’s testimony. Each case must be considered on its individual facts. Generally if the claim of ineffectiveness relates to matters outside of the record, then trial counsel’s testimony will usually be needed. Likewise, if. the claim involves matters during the course of the trial as shown by the transcript, then trial counsel’s testimony may not be required.

Thus, this case is remanded to the trial court for a hearing as to effectiveness of counsel.

Case remanded with instructions.

All the Justices concur, except Hunt, J., not participating.
1

For purposes of this opinion, the term “appellate counsel” refers to an attorney who files an appeal, but who did not try the case.