Elkins v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that when a defendant is represented by new counsel at the motion for new trial stage, claims of ineffective assistance of trial counsel that are not raised at that stage are not preserved for appellate review
• failure to raise claim of ineffective assistance of trial counsel “at the earliest practicable moment” waives the issue for appellate review
• “Qualified jurors under oath are presumed to follow the instructions of the trial court.” (citation and punctuation omitted)
• an ineffectiveness claim must be raised in a motion for new trial or at the motion-for-new-trial hearing or else it is waived when the appellant is represented by new counsel at the motion-for-new- trial stage
• “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.”
• “A passing reference to a defendant’s record does not place his character in evidence.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

27 cases in this archive cite this case; the 20 most cited are listed.

• King v. State
  Supreme Court of Georgia· 2023-06-21· cited 32×
• MOORE v. THE STATE (Two Cases)
  Supreme Court of Georgia· 2021-05-17· cited 24×
• Patterson v. State
  Supreme Court of Georgia· 2022-06-30· cited 21×
• Andre Pugh v. State
  Supreme Court of Georgia· 2024-03-14· cited 16×
• Edwards v. State
  Supreme Court of Georgia· 2020-02-28· cited 14×
• Lopez v. State
  Supreme Court of Georgia· 2020-12-07· cited 13×
• Bedford v. State
  Supreme Court of Georgia· 2021-04-19· cited 12×
• Hounkpatin v. State
  Supreme Court of Georgia· 2022-05-17· cited 12×
• Matthews v. State
  Supreme Court of Georgia· 2021-05-17· cited 11×
• TABOR v. THE STATE (Two Cases)
  Supreme Court of Georgia· 2022-12-20· cited 11×
• Doricien v. State
  Supreme Court of Georgia· 2020-12-21· cited 10×
• Merritt v. State
  Supreme Court of Georgia· 2020-11-12· cited 10×
• Vivian v. State
  Supreme Court of Georgia· 2021-08-10· cited 10×
• Robinson v. State
  Supreme Court of Georgia· 2019-08-19· cited 8×
• Pittman v. State
  Supreme Court of Georgia· 2024-04-30· cited 8×
• Griffin v. State
  Supreme Court of Georgia· 2021-05-17· cited 7×
• Davis v. State
  Supreme Court of Georgia· 2020-01-27· cited 5×
• Cross v. State
  Supreme Court of Georgia· 2020-09-08· cited 3×
• Brock v. State
  Supreme Court of Georgia· 2023-04-18· cited 2×
• Arick Whitson v. State
  Court of Appeals of Georgia· 2021-06-15

Cites

32 cases in this archive are cited by this case; the 20 most cited are listed.

• Strickland v. Washington
  Supreme Court· 1984-06-25· cited 123,578×
• Jackson v. Virginia
  Supreme Court· 1979-10-01· cited 79,490×
• Dixon v. State
  Supreme Court of Georgia· 2017-12-11· cited 191×
• Cowart v. State
  Supreme Court of Georgia· 2013-11-18· cited 102×
• Brown v. State
  Supreme Court of Georgia· 2017-10-30· cited 93×
• Moss v. State
  Supreme Court of Georgia· 2016-03-07· cited 77×
• Wilson v. State
  Supreme Court of Georgia· 2009-11-09· cited 59×
• Billings v. State
  Supreme Court of Georgia· 2013-06-03· cited 58×
• Veal v. State
  Supreme Court of Georgia· 2016-03-21· cited 57×
• Linson v. State
  Supreme Court of Georgia· 2010-10-04· cited 53×
• McKibbins v. State
  Supreme Court of Georgia· 2013-10-21· cited 50×
• Isaac v. State
  Supreme Court of Georgia· 1998-10-05· cited 44×
• Roberts v. State
  Supreme Court of Georgia· 2019-02-18· cited 38×
• Anthony v. State
  Supreme Court of Georgia· 2017-11-02· cited 35×
• Rucker v. State
  Supreme Court of Georgia· 1997-09-22· cited 32×
• Heard v. State
  Supreme Court of Georgia· 2014-07-11· cited 24×
• Curry v. State
  Supreme Court of Georgia· 2012-07-09· cited 24×
• Scott v. State
  Supreme Court of Georgia· 2006-11-20· cited 23×
• Jones v. State
  Supreme Court of Georgia· 2014-02-24· cited 22×
• Schneider v. State
  Court of Appeals of Georgia· 2004-05-20· cited 16×