Kelley 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 Pearce presumption does not apply when first sentence is imposed after a guilty plea and the second is imposed after trial
• holding Pearce presumption does not apply when first sentence is imposed after a guilty plea and the second is imposed after trial
• aggravated assault under OCGA § 16-5-21 (a) (2) (2011) and battery under OCGA § 16-5-23.1 (a) have different required elements
• even if merger of battery and aggravated assault were required, “court would have been authorized to merge the misdemeanor into the felony, rather than vice versa”

Source: CourtListener parenthetical corpus (CC0).

Cited by

6 cases in this archive cite this case.

• Gipson v. the State
  Court of Appeals of Georgia· 2015-05-20· cited 23×
• Blake v. State
  Court of Appeals of Georgia· 2005-03-23· cited 12×
• Arnold v. State
  Court of Appeals of Georgia· 2013-09-27· cited 9×
• Townes v. State
  Court of Appeals of Georgia· 2009-06-03· cited 7×
• Gross v. State
  Court of Appeals of Georgia· 2011-11-02· cited 5×
• Bernard Arnold, Sr. v. State
  Court of Appeals of Georgia· 2013-09-27

Cites

5 cases in this archive are cited by this case.

• North Carolina v. Pearce
  Supreme Court· 1969-06-23· cited 7,763×
• Alabama v. Smith
  Supreme Court· 1989-06-12· cited 1,589×
• Lindsey v. State
  Supreme Court of Georgia· 1993-01-08· cited 44×
• Helmeci v. State
  Court of Appeals of Georgia· 1998-03-02· cited 29×
• Anderson v. State
  Court of Appeals of Georgia· 1984-04-03· cited 11×