Harper v. State’s Empirical Analysis
2009
Citation profile
48
cited by 48 later decisions
1
states following
March 2022
most recently cited
48 state decisions
Relationships
Relies on Garza v. State · Williams v. State · Etkind v. Suarez · Waye v. State · Harper 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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a merger claim must come before the court in a type of proceeding in which criminal convictions may be challenged. Thus, a merger claim cannot be considered in a free-standing motion to vacate a sentence and/or vacate a conviction as void or pleadings of a similar nature[.] ... OCGA § 16-1-7 (a) renders illegal a conviction for a crime that should have merged, and a claim that a charge should have merged under OCGA § 16-1-7 is a specific attack on the conviction, as opposed to simply an attack on an allegedly illegal sentence. We have held that a motion to vacate a conviction is not an appropriate remedy in a criminal case. Instead, such a challenge-including a merger claim-may be considered only in a traditionally recognized proceeding to challenge a criminal conviction[.]”
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.