Jenkins v. State

How courts have described this case

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

• stating general rule that the grant of a new trial on a ground other than insufficiency of the evidence does not preclude retrial
• “This test compels the examining court to consider and weigh all four factors in the context of the particular circumstances of the case at issue.”
• “In general, a delay of one year in prosecuting a crime is considered to be delay which is presumptively prejudicial.”
• When evaluating a plea in bar, appellate courts “assess the factual findings of the trial court under the standard of clear error. . . .”
• “While defense counsel felt the responsibility to file and pursue the motions and pleas, it did not alter the fact that the case would have been brought to trial but for the need to hear and rule on them.” (cleaned up)
• delay caused by protracted plea negotiations is neutral

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Jones v. State
  Supreme Court of Georgia· 2015-02-16· cited 42×
• Harvey v. State
  Supreme Court of Georgia· 2015-03-27· cited 35×
• Shelton R. Thomas v. State
  Court of Appeals of Georgia· 2015-04-10· cited 30×
• Gonzales v. State
  Supreme Court of Georgia· 2023-02-21· cited 20×
• Redding v. State
  Supreme Court of Georgia· 2022-05-17· cited 13×
• MAXWELL v. THE STATE (Two Cases)
  Supreme Court of Georgia· 2021-06-01· cited 10×
• Medina v. State
  Supreme Court of Georgia· 2020-06-16· cited 9×
• Taylor v. the State
  Court of Appeals of Georgia· 2016-10-11· cited 8×
• Smith v. the State
  Court of Appeals of Georgia· 2016-07-13· cited 7×
• Taylor v. State
  Court of Appeals of Georgia· 2014-07-07· cited 7×
• McCullum v. State
  Supreme Court of Georgia· 2024-03-05· cited 7×
• Palmer v. State
  Supreme Court of Georgia· 2024-03-05· cited 5×
• The State v. Bonawitz
  Court of Appeals of Georgia· 2016-11-02· cited 4×
• Holt v. State
  Court of Appeals of Georgia· 2016-10-28· cited 4×
• Milner v. State
  Court of Appeals of Georgia· 2014-11-14· cited 3×
• Millsaps v. the State
  Court of Appeals of Georgia· 2017-05-08· cited 1×
• Jamal Ramon Foreman v. State
  Court of Appeals of Georgia· 2024-06-14
• Daniel W. Taylor v. State
  Court of Appeals of Georgia· 2014-07-07
• Czerny Milner v. State
  Court of Appeals of Georgia· 2014-11-14
• Desmond Delamara Holt v. State
  Court of Appeals of Georgia· 2016-10-28

Cites

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

• Barker v. Wingo
  Supreme Court· 1972-06-22· cited 12,108×
• Roper v. Simmons
  Supreme Court· 2005-03-01· cited 3,523×
• Doggett v. United States
  Supreme Court· 1992-06-24· cited 3,106×
• Commonwealth v. Smith
  Supreme Court of Pennsylvania· 1992-09-18· cited 264×
• State v. Breit
  New Mexico Supreme Court· 1996-12-06· cited 153×
• State v. Porter
  Supreme Court of Georgia· 2011-02-07· cited 120×
• Jenkins v. State
  Supreme Court of Georgia· 1998-02-23· cited 107×
• State v. Pickett
  Supreme Court of Georgia· 2011-02-28· cited 103×
• Green v. State
  Supreme Court of Georgia· 2012-06-25· cited 70×
• State v. Buckner
  Supreme Court of Georgia· 2013-02-04· cited 57×
• State v. Caffee
  Supreme Court of Georgia· 2012-04-11· cited 39×
• Phan v. State
  Supreme Court of Georgia· 2012-02-27· cited 36×
• Dinning v. State
  Supreme Court of Georgia· 1997-04-28· cited 35×
• Terry v. Jenkins
  Supreme Court of Georgia· 2006-02-27· cited 34×
• Williams v. State
  Supreme Court of Georgia· 2010-10-04· cited 27×
• State v. Johnson
  Supreme Court of Georgia· 2012-11-05· cited 26×
• Higgenbottom v. State
  Supreme Court of Georgia· 2011-11-29· cited 23×
• Roscoe v. State
  Supreme Court of Georgia· 2009-11-09· cited 18×
• State v. D'AURIA
  Court of Appeals of Georgia· 1997-10-27· cited 17×
• Brock v. State
  Supreme Court of Georgia· 2013-05-20· cited 8×