282 Ga. App. 339 - Smith v. State’s Empirical Analysis
2006
Citation profile
23 state decisions
How this case has been cited
Cited by 23 later decisions — most recently July 2020
23 state decisions
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 Strickland v. Washington · Barker v. Wingo · 234 Ga. App. 633 - Short v. State · Dickens v. State · Jones 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A defendant cannot resuscitate claims of ineffectiveness that are procedurally barred simply by bootstrapping them to a claim of ineffectiveness of appellate counsel. Once a claim is procedurally barred, there is nothing for this Court to review. To hold otherwise would eviscerate the rule requiring that ineffectiveness claims be raised at the earliest practicable moment.”
3 later decisions quote this exact passagee.g. Wilson v. State · Mills v. State“Where the issue of trial counsel's effectiveness has been raised on motion for new trial, any claims of ineffective assistance by trial counsel not raised at that time are waived.”
2 later decisions quote this exact passage“Because of this heavy burden borne by the defendant and the presumption of strategy by trial counsel, “the failure to call trial counsel as a witness in the motion for new trial hearing alone allows the trial court to assume that the matter was a deliberate trial strategy and to rule against defendant’s claim of ineffective assistance.” Baker v. State[, 251 Ga. App. 377, 379 (2) ( 554 SE2d 324 ) (2001)]. See Cox v. State[, 279 Ga. 223, 227 (6) ( 610 SE2d 521 ) (2005)] (failure to call trial counsel as witness authorized trial court to find that defendant failed to rebut the presumption of effectiveness by clear and convincing evidence).”
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.