240 Ga. App. 440 - Syms v. State’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The denial of a motion for an out-of-time appeal is a matter within the discretion of the trial court, and the trial court’s decision will not be reversed absent abuse of such discretion.” Dover v. State, 237 Ga. App. 797, 798 ( 516 SE2d 839 ) (1999). [Rodriguez-Martinez], as the movant, bears the burden of showing “good and sufficient” reason entitling him to an out-of-time appeal. Wheeler v. State, 269 Ga. 547, 548 ( 499 SE2d 629 ) (1998). Also, an out-of-time appeal is a remedy for a frustrated right of appeal; therefore, [Rodriguez-Martinez] must show that he was entitled to a direct appeal. Grantham v. State, 267 Ga. 635 ( 481 SE2d 219 ) (1997). Because a criminal defendant has no unqualified or absolute right to file a direct appeal from a judgment of conviction and sentence entered upon a guilty plea, [Rodriguez-Martinez] can meet his burden in this case only by setting “forth the questions he would raise should the appeal be granted, and show(ing) that the questions could be resolved by facts appearing in the appellate record.” (Citation omitted.) Wheeler v. State, 269 Ga. at 548 ; see also Smith v. State, 266 Ga. 687 ( 470 SE2d 436 ) (1996). Finally, the disposition of a motion for out-of-time appeal hinges on who bore the ultimate responsibility for the failure to file a timely appeal. Cannon v. State, 175 Ga. App. 741, 742 ( 334 SE2d 342 ) (1985). An out-of-time appeal is not authorized if the delay was attributable to the appellant’s conduct, either alone or in c”

   2 later decisions quote this exact passage
   e.g. 343 Ga. App. 230 - HOOD v. the STATE. · 243 Ga. App. 409 - Rodriguez-Martinez v. State

2. ““The denial of a motion for an out-of-time appeal is a matter within the discretion of the trial court, and the trial court’s decision will not be reversed absent abuse of such discretion.” [Cit.] [Thompson], as the movant, bears the burden of showing “good and sufficient” reason entitling him to an out-of-time appeal. [Cit.] Also, an out-of-time appeal is a remedy for a frustrated right of appeal; therefore, [Thompson] must show that he was entitled to a direct appeal. [Cit.] Because a criminal defendant has no unqualified or absolute right to file a direct appeal from a judgment of conviction and sentence entered upon a guilty plea, [Thompson] can meet his burden in this case only by setting “forth the questions he would raise should the appeal be granted, and showing that the questions could be resolved by facts appearing in the appellate record.” [Cits.] Finally, the disposition of a motion for out-of-time appeal hinges on who bore the ultimate responsibility for the failure to file a timely appeal. [Cit.] An out-of-time appeal is not authorized if the delay was attributable to the appellant’s conduct, either alone or in concert with counsel. [Cit.] 1”

   1 later decision quote this exact passage
   e.g. Thompson v. State

3. “[w]e find no case or statutory law imposing upon the superior court a duty to advise a defendant that he may have a right to directly appeal the convictions which result from the entry of his guilty plea.”

   1 later decision quote this exact passage
   e.g. Ringold v. State