285 Ga. App. 63 - Kaiser v. State’s Empirical Analysis

Citation profile

44 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “stands in the same position as if he had pled guilty and not yet been sentenced.”

   2 later decisions quote this exact passage
   e.g. UPTON v. the STATE. · 344 Ga. App. 78 - Moore v. State

2. “[A] void sentence alone does not discharge a defendant who has pled guilty. Rather, a defendant must take affirmative action to seek the withdrawal of his plea. In many cases, a defendant will choose to maintain his plea and avoid the risk of trial. Thus, in cases where there is a void sentence, but no motion to withdraw prior to resentencing, the rule remains that further relief must be sought through habeas corpus. 3”

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

3. “This is a judicially created rule, which evolved from the established common law tenet that a court cannot set aside or alter a judgment after the expiration of the term at which it was entered, unless the proceeding for that purpose was begun during the original term. [Cits.]”

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