Williams v. Williams, 387 S.E.2d 334 (Ga. 1990). · Go Syfert
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Williams v. Williams, 387 S.E.2d 334 (Ga. 1990). Cases Citing This Book View Copy Cite
47 citation events (32 in the last 25 years) across 2 distinct courts.
Strongest positive: Tavaris Roshwn Curgil v. State (gactapp, 2022-03-17)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 20 distinct citers.
discussed Cited as authority (rule) Tavaris Roshwn Curgil v. State
Ga. Ct. App. · 2022 · confidence medium
Our Supreme Court has held that OCGA § 16-6-5 (a) includes the element of asportation, which is satisfied “whether the taking involves physical force, enticement, or persuasion.” Cimildoro v. State, 259 Ga. 788, 789 (1) ( 387 SE2d 335 ) (1990); Allison v. State, 356 Ga. App. 256 , 263 (2) (b) ( 846 SE2d 222 ) (2020).
discussed Cited as authority (rule) Ryan Reid v. State
Ga. Ct. App. · 2021 · confidence medium
See Hicks v. State, 254 Ga. App. 814, 816 (3) ( 563 SE2d 897 ) (2002) (victim’s testimony that defendant “kept on trying to pull [her] towards him” satisfied asportation element); Cimildoro v. State, 259 Ga. 788, 789 (1) ( 387 SE2d 335 ) (1990) (asportation shown where defendant was in a tool shed with the victim and he persuaded her to lie down on a board so that he could molest her).
discussed Cited as authority (rule) Budeanu v. State (2×)
Ga. Ct. App. · 2013 · confidence medium
Cimildoro v. State, 259 Ga. 788, 789 (1) ( 387 SE2d 335 ) (1990).
discussed Cited as authority (rule) Petru Budeanu v. State (2×)
Ga. Ct. App. · 2013 · confidence medium
Cimildoro v. State, 259 Ga. 788, 789 (1) ( 387 SE2d 335 ) (1990).
cited Cited as authority (rule) Robert Moore v. State
Ga. Ct. App. · 2013 · confidence medium
Cimildoro v. State, 259 Ga. 788, 789 (1) ( 387 SE2d 335 ) (1990).
cited Cited as authority (rule) Moore v. State
Ga. Ct. App. · 2013 · confidence medium
Cimildoro v. State, 259 Ga. 788, 789 (1) ( 387 SE2d 335 ) (1990).
discussed Cited as authority (rule) Henderson v. State
Ga. Ct. App. · 2010 · confidence medium
Smith, P. J., and Adams, J., concur. 1 Henderson’s sentence included 20 years to serve on Counts 2, 5, 8,11,12, and 14, to run concurrently; 5 years to serve on Counts 3,6, and 9, to run consecutive to the sentence imposed on Count 2; 20 years probation on Counts 1, 4, 7, 10, and 13, to run concurrent with Count 2; and 5 years probation on Count 15, to run consecutive to Count 2. 2 (Citations omitted.) Foster v. State, 300 Ga. App. 446, 447 (1) ( 685 SE2d 422 ) (2009). 3 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). 4 (Punctuation and footnotes omitted; emphasis supplied.) Bazin v. State,…
discussed Cited as authority (rule) Kelley v. State
Ga. Ct. App. · 2009 · confidence medium
NOTES [1] Kelly was also charged with child molestation, but the state elected not to proceed on that offense. [2] (Citation omitted.) Finnan v. State, 291 Ga. App. 486 , 662 S.E.2d 269 (2008). [3] B.B. testified that she and H.K. both had cell phones and often sent each other text messages. [4] B.B. recalled that once when she was at H.K.'s house, they were playing in water outside when Kelley used the water hose to spray B.B.'s private parts and said, "wait until I get ahold of it." B.B. testified that she decided to ignore the comment and did not tell anyone about it because Kelley was her …
discussed Cited as authority (rule) Dennard v. State
Ga. Ct. App. · 2000 · confidence medium
See also Wittschen v. State, 259 Ga. 448 -449 ( 383 SE2d 885 ) (1989). 13 (Punctuation omitted.) Id. at 449. 14 157 Ga. App. 451 ( 278 SE2d 43 ) (1981). 15 (Punctuation omitted.) Id. at 456 (4). 16 Groves, supra; Wittschen, supra. 17 Id. 18 OCGA § 16-6-5 (a). 19 See Cimildoro v. State, 259 Ga. 788, 789 (1) ( 387 SE2d 335 ) (1990). 20 Id. 21 179 Ga. App. 228 (1) ( 345 SE2d 686 ) (1986). 22 (Punctuation omitted.) Id. 23 See also Peavy v. State, 159 Ga. App. 280, 282 (1) (a) ( 283 SE2d 346 ) (1981). 24 OCGA § 16-12-100 (b) (1). 25 OCGA § 16-12-100.2 (d) (1). 26 Henson v. State, 205 Ga. App. 41…
discussed Cited as authority (rule) Bragg v. State
Ga. Ct. App. · 1995 · confidence medium
Morris v. State, 179 Ga. App. 228, 229 (4) ( 345 SE2d 686 ). “[T]he ‘asportation’ element of the offense is satisfied whether the ‘taking’ involves physical force, enticement, or persuasion.” Cimildoro v. State, 259 Ga. 788, 789 (1) ( 387 SE2d 335 ). *343 “Accordingly, in the absence of sufficient probative evidence that appellant himself enticed the victims onto the premises with the present intention to commit acts of indecency or child molestation after they had been enticed there, his convictions for violating OCGA § 16-6-5 cannot stand.
discussed Cited as authority (rule) Abreu v. State
Ga. Ct. App. · 1992 · confidence medium
Neither OCGA § 16-6-5 (a) (Cimildoro v. State, 259 Ga. 788, 789 (1) ( 387 SE2d 335 ) (1990)) nor OCGA § 16-6-4 (a) (Day v. State, 193 Ga. App. 179, 180 (3) ( 387 SE2d 409 ) (1989)) sets forth alternative methods by which the crimes defined therein may be committed.
discussed Cited as authority (rule) Lasseter v. State
Ga. Ct. App. · 1990 · confidence medium
“The offense described in OCGA § 16-6-5, ‘enticing a child for indecent purposes,’ has been held to include the element of ‘asportation.’ [Cit.]” Cimildoro v. State, 259 Ga. 788, 789 (1) ( 387 SE2d 335 ) (1990).
cited Cited "see" Tudor v. State
Ga. Ct. App. · 2013 · signal: see · confidence high
See Cimildoro v. State, 259 Ga. 788, 789 (1) ( 387 SE2d 335 ) (1990); Heard v. State, 317 Ga. App. 663, 665 ( 731 SE2d 124 ) (2012).
discussed Cited "see" James Tudor v. State
Ga. Ct. App. · 2013 · signal: see · confidence high
See Cimildoro v. State, 259 Ga. 788, 789 (1) ( 387 SE2d 335 ) (1990); 7 The actual holding of Garza was superseded by the legislature’s subsequent amendment to the kidnapping statute, OCGA § 16-5-40, which became effective on July 1, 2009.
cited Cited "see" Dale Heard v. State
Ga. Ct. App. · 2012 · signal: see · confidence high
See Cimildoro v. State, 259 Ga. 788, 789 (1) ( 387 SE2d 335 ) (1990).
cited Cited "see" Heard v. State
Ga. Ct. App. · 2012 · signal: see · confidence high
See Cimildoro v. State, 259 Ga. 788, 789 (1) ( 387 SE2d 335 ) (1990).
discussed Cited "see" Moore v. State
Ga. Ct. App. · 2008 · signal: accord · confidence high
Accord Carolina v. State, 276 Ga. App. 298, 301 (1) (a) ( 623 SE2d 151 ) (2005). 4 See Carolina, supra (enticement shown by evidence that defendant lured victim to his home under false pretense of needing to charge his cell phone). 5 See id. 6 Id. 7 See Cimildoro v. State, 259 Ga. 788, 789 (1) ( 387 SE2d 335 ) (1990). 8 Id. (asportation element satisfied where defendant convinced child victim to go with him into tool shed).
discussed Cited "see" Carolina v. State (2×)
Ga. Ct. App. · 2005 · signal: see · confidence high
See Cimildoro v. State, 259 Ga. 788, 789 (1) ( 387 SE2d 335 ) (1990); Dennis v. State, 158 Ga. App. 142 (2) ( 279 SE2d 275 ) (1981).
discussed Cited "see" Smith v. State
Ga. Ct. App. · 1993 · signal: see · confidence high
See generally Cimildoro v. State, 259 Ga. 788, 789 (1) ( 387 SE2d 335 ) (1990). (b) Smith contends the evidence was insufficient to convict him of child molestation because there was no evidence showing that the acts were done with the intent to satisfy Smith’s sexual desires, which is an element of the offense.
discussed Cited "see, e.g." Smith v. the State
Ga. Ct. App. · 2017 · signal: see also · confidence medium
See OCGA § 16-4-1 (“A person commits the offense of criminal attempt when, with intent to commit a specific crime, he performs any act which constitutes a substantial step toward the commission of that crime.”); Dennard v. State, 243 Ga. App. 868, 871 (1) (a) ( 534 SE2d 182 ) (2000) (“[A] person is guilty of criminal attempt if with intent to commit a specific crime, he performs any act which constitutes a substantial step toward the commission of that crime.” (punctuation omitted)); see also infra note 8. 2 State v. Harlacher, 336 Ga. App. 9, 10 ( 783 SE2d 411 ) (2016); accord State …
Williams
v.
Williams
S90A0057.
Supreme Court of Georgia.
Jan 24, 1990.
387 S.E.2d 334
David R. Wininger, for appellant., Frank Williams, Jr., pro se.
Smith.
Cited by 4 opinions  |  Published
Smith, Presiding Justice.

The Superior Court of Clayton County dismissed a petition for uncontested divorce filed by the appellant, Rhonda L. Williams, and her husband, Frank Williams, Jr. The appellant raises the issue of whether the husband’s affidavit, which provides that he waives any challenge to venue in Clayton County, constitutes an effective waiver of venue in a divorce case. We find that the waiver was proper, and we accordingly reverse.

The appellant-wife is a resident of Clayton County. The appelleehusband is a resident of Chatham County. The husband and wife agreed to obtain the divorce in Clayton County to save money. The Superior Court denied the divorce on the ground that the State Constitution provides that divorce cases shall be tried in the county of residence of a Georgia-resident defendant.

Under Art. VI, Sec. II, Par. I of the Constitution of Georgia of 1983, venue in divorce cases involving a Georgia defendant is in the county where the defendant resides. However, the provisions of the State Constitution relating to venue in divorce cases are neither mandatory nor exhaustive. Ledford v. Bowers, 248 Ga. 804 (286 SE2d 293) (1982). In Ledford, this Court held that, “under certain circumstances both jurisdiction of the person and venue [in a divorce case] can be conferred by consent.” Id. at p. 807. The purpose of the State Constitution’s venue requirement is to protect defendants in divorce actions from having to respond in a foreign, and perhaps hostile court. Here, it is clear that the divorce was uncontested, and that the appellee had voluntarily, by affidavit, waived any objection to venue. This is one of the circumstances where venue can be conferred by consent.

Judgment reversed.

All the Justices concur.