196 Ga. App. 429 - Weems v. State’s Empirical Analysis

Citation profile

15 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[I]t is well settled that this court will not consider issues and grounds for objection which were not raised and passed upon in the trial court. [Cits.]” Jefferson v. State, 157 Ga. App. 324, 325 (2), 326 ( 277 SE2d 317 ). However, in Smith v. State, 255 Ga. 654 ( 341 SE2d 5 ), the Supreme Court “ ‘ “established the practice of remanding to the trial court the claim of ineffective assistance, when such claim was raised only on appeal. The advantage of this procedure is that the claim can be promptly resolved by the judge who presided over the trial as opposed to having it resolved by a habeas court somewhere down the road.” Lloyd v. State, 258 Ga. 645 (fn. 1) ( 373 SE2d 1 ) (1988). See also Lloyd v. State, 257 Ga. 108 ( 355 SE2d 423 ) (1987).’ Hutton v. State, 192 Ga. App. 239, 241 (5) ( 384 SE2d 446 ) (1989). It is not true, however, that every case which asserts for the first time on appeal an issue as to the effectiveness of counsel must be remanded to the trial court. Rather, our Supreme Court, through a series of cases, has fashioned a procedure whereby the appellate court, in deciding whether it should remand the case, should look to whether the issue of ineffectiveness was raised ‘at the earliest practicable moment.’ Thompson v. State, 257 Ga. 386, 388 (2) ( 359 SE2d 664 ) (1987).” Weems v. State, 196 Ga. App. 429 (3) ( 395 SE2d 863 ).”

   1 later decision quote this exact passage
   e.g. 199 Ga. App. 536 - Norwood v. State