Supreme Court of Georgia· 8/14/2017
Brooks v. State
Citations
- 301 Ga. 748
- 804 S.E.2d 1
- 2017 WL 3468391
- 2017 Ga. LEXIS 633
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the trial court “lacked jurisdiction” to consider a late post- conviction motion, and stating that “when a trial court is presented with a motion it lacks jurisdiction to decide, the trial court should dismiss the motion rather than deny it”
- noting that when a trial court is presented with a motion it lacks jurisdiction to decide, the trial court should dismiss the motion rather than deny it
- providing that although a trial court should \dismiss\ rather than \deny\ a motion it lacks jurisdiction to consider, we will vacate only when the court considers the merits of that motion
- discussing the disposition of appeals of trial court orders that improperly rule on the merits of a criminal defendant’s motion
- “Because the trial court decided the merits of a motion it lacked jurisdiction to decide, we vacate the trial court’s order and remand with instructions to dismiss.”
- motion to withdraw guilty plea must be filed within same term of court as the judgment entered on the guilty plea
Source: CourtListener parenthetical corpus (CC0).
Judges: Peterson
Read full opinion on CourtListenerCited by
53 cases in this archive cite this case; the 20 most cited are listed.
- Cook v. StateSupreme Court of Georgia· 2022-03-15· cited 141×
- Pounds v. StateSupreme Court of Georgia· 2020-07-01· cited 33×
- Schoicket v. StateSupreme Court of Georgia· 2021-11-02· cited 29×
- Rutledge v. StateSupreme Court of Georgia· 2022-03-15· cited 29×
- Dos Santos v. StateSupreme Court of Georgia· 2019-10-21· cited 18×
- Jackson v. StateSupreme Court of Georgia· 2020-10-19· cited 11×
- HERNANDEZ-RAMIREZ v. the STATE.Court of Appeals of Georgia· 2018-03-23· cited 9×
- Moore v. StateSupreme Court of Georgia· 2018-05-21· cited 9×
- Ricks v. StateSupreme Court of Georgia· 2019-10-31· cited 9×
- State v. HolmesSupreme Court of Georgia· 2019-09-03· cited 9×
- Terry v. StateSupreme Court of Georgia· 2017-08-14· cited 6×
- Ringold v. StateSupreme Court of Georgia· 2020-08-10· cited 6×
- Bonner v. StateSupreme Court of Georgia· 2020-11-12· cited 5×
- Witherspoon v. StateSupreme Court of Georgia· 2018-08-20· cited 4×
- Cason v. StateCourt of Appeals of Georgia· 2019-01-18· cited 4×
- Sims v. StateSupreme Court of Georgia· 2021-08-24· cited 4×
- Nelson v. WilkeySupreme Court of Georgia· 2020-06-29· cited 3×
- Polanco v. StateSupreme Court of Georgia· 2022-04-19· cited 3×
- Clark v. StateSupreme Court of Georgia· 2019-04-15· cited 2×
- Cooper v. StateSupreme Court of Georgia· 2019-06-10· cited 2×
Cites
17 cases in this archive are cited by this case.
- Nash v. StateSupreme Court of Georgia· 1999-07-06· cited 122×
- Lathrop v. DealSupreme Court of Georgia· 2017-06-19· cited 111×
- Davis v. StateSupreme Court of Georgia· 2002-03-11· cited 59×
- Lay v. StateSupreme Court of Georgia· 2011-05-16· cited 53×
- Pierce v. StateSupreme Court of Georgia· 2011-10-17· cited 50×
- Rubiani v. StateSupreme Court of Georgia· 2005-05-09· cited 45×
- Mims v. StateSupreme Court of Georgia· 2016-06-06· cited 27×
- Dupree v. StateSupreme Court of Georgia· 2005-09-19· cited 24×
- Parker v. LeeuwenburgSupreme Court of Georgia· 2017-03-06· cited 20×
- Humphrey v. StateSupreme Court of Georgia· 2016-06-06· cited 18×
- Hammond v. StateSupreme Court of Georgia· 2012-11-19· cited 16×
- McGee v. StateSupreme Court of Georgia· 2014-11-03· cited 13×
- Beasley v. StateSupreme Court of Georgia· 2015-11-02· cited 13×
- Murrell v. YoungSupreme Court of Georgia· 2009-03-23· cited 8×
- Foster v. StateSupreme Court of Georgia· 2014-01-21· cited 7×
- Terry v. StateSupreme Court of Georgia· 2017-08-14· cited 6×
- Crowder v. StateSupreme Court of Georgia· 1995-09-11· cited 5×
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.