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← 218 Ga. App. 444 - Thompson v. State

218 Ga. App. 444 - Thompson v. State’s Empirical Analysis

1995

Citation profile

8
cited by 8 later decisions
2
states following
May 2016
most recently cited

8 state decisions

How this case has been cited

Cited by 8 later decisions — most recently May 2016

8 state decisions

40199520002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on 128 Ga. App. 407 - Ware v. State · Chives v. State

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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “This case is controlled by Ware v. State, 1 which holds that an accused cannot “waive the right to withdraw a plea of guilty before judgment is pronounced.” In Ware, as here, the defendant attempted to withdraw her guilty plea before sentence was pronounced, but the trial court ruled that she had waived the right to withdraw the plea. Sentence was imposed, and the defendant appealed. This court observed: “Before sentence is passed one accused of a crime may withdraw his plea of guilty as a matter of right. The right given a defendant to withdraw his plea of ‘guilty’ and plead ‘not guilty5 at any time before judgment is pronounced, is not qualified or limited. This right has even been upheld where the witnesses have been dismissed, jurors discharged and sentences delayed at defendant’s request.” (Citations and punctuation omitted; emphasis supplied.) [Id.] at 410. After a thorough analysis of the history of Ga. Code Ann. § 27-1404 , now OCGA § 17-7-93, and the relevant decisional law, this court concluded that the accused could not waive this right and that asking an accused for such a waiver was contrary to the legislative intent of the statute. [Ware, supra] at 410-411. Accord Farmer v. State. 2 As noted in Ware, we recognize that the trial court faces a difficult, multifaceted problem in dealing with the acceptance and withdrawal of guilty pleas. Certainly the privilege provided by OCGA § 17-7-93 (b) has been abused in some instances in order to avoid trial or gain some tac”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.