263 Ga. App. 414 - Smith v. State’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If a convicted party by his own conduct, or by his conduct in concert with that of his attorney, purposefully delays the appeal of his conviction to his own advantage, he forfeits appeal and review of his conviction on the merits by an appellate court. An out-of-time appeal is not authorized if the loss of the right to appeal is not attributable to ineffective assistance of counsel but to the fact that the defendant himself slept on his rights.”

   1 later decision quote this exact passage
   e.g. Watkins v. the 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. Based on the above analysis, we hold that the trial court did not abuse its discretion in denying [Robbins'] motion for an out-of-time appeal.”

   1 later decision quote this exact passage
   e.g. ROBBINS v. the STATE.

3. “[t]he disposition of a motion for out-of-time appeal hinges on a determination of who bore the ultimate responsibility for the failure to file a timely appeal.”

   1 later decision quote this exact passage
   e.g. 266 Ga. App. 635 - Dykes v. State