Lopez v. State

How courts have described this case

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

• recognizing that the focus of vindictive prosecution is on the State “increasing the severity of the charges following the exercise of certain procedural rights”
• no speedy trial violation where defendant failed to file speedy trial demand until 14 months after arrest
• any error in allowing an officer to give opinion testimony that defendant accelerating and hitting another officer's car was not accidental was harmless as there was ample evidence to support the inference
• when the defendant establishes an “appearance of vindictiveness, the burden is shifted to government to prove that the decision to 34 reindict with more severe charges did not result from any vindictive motive”
• when the defendant establishes an “appearance of vindictiveness, . . . the burden is shifted to the government to prove that the decision to reindict with more severe charges did not result from any vindictive motive”
• defendant claimed that prosecutor reindicted him and increased the severity of the charges because he filed a §1983 claim in federal court; but, State gave sufficient reasons for the decision to reindict to show that it was not made with any vindictive motive

Source: CourtListener parenthetical corpus (CC0).

Cited by

14 cases in this archive cite this case.

• Metts v. State
  Court of Appeals of Georgia· 2009-04-06· cited 27×
• Frazier v. State
  Court of Appeals of Georgia· 2006-04-07· cited 20×
• Gerbert v. State
  Court of Appeals of Georgia· 2016-10-28· cited 16×
• Simmons v. State
  Court of Appeals of Georgia· 2008-03-14· cited 12×
• PERCELL v. the STATE.
  Court of Appeals of Georgia· 2018-06-12· cited 9×
• Bell v. State
  Court of Appeals of Georgia· 2007-08-20· cited 8×
• Smith v. State
  Supreme Court of Georgia· 2005-06-06· cited 6×
• Wise v. State
  Court of Appeals of Georgia· 2013-03-28· cited 5×
• Piper v. State
  Court of Appeals of Georgia· 2013-03-05· cited 3×
• Jamie Patrick Hahn v. State
  Court of Appeals of Georgia· 2020-07-13
• Randall Leroy Piper v. State
  Court of Appeals of Georgia· 2013-03-05
• Derrick Wise v. State
  Court of Appeals of Georgia· 2013-03-28
• Alexander Sean Gerbert v. State
  Court of Appeals of Georgia· 2016-10-28
• Benjamin Gerald Liggett v. State
  Court of Appeals of Georgia· 2020-02-07

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×
• Doggett v. United States
  Supreme Court· 1992-06-24· cited 3,106×
• Cargill v. State
  Supreme Court of Georgia· 1986-03-18· cited 172×
• Jones v. State
  Supreme Court of Georgia· 1988-01-06· cited 169×
• Boseman v. State
  Supreme Court of Georgia· 1994-01-24· cited 143×
• Johnson v. State
  Supreme Court of Georgia· 1997-09-22· cited 66×
• Salahuddin v. State
  Supreme Court of Georgia· 2004-02-02· cited 35×
• Vincent v. State
  Supreme Court of Georgia· 1994-05-16· cited 33×
• Coggins v. State
  Supreme Court of Georgia· 2002-09-16· cited 32×
• Pickren v. State
  Supreme Court of Georgia· 2000-05-30· cited 27×
• Larochelle v. State
  Court of Appeals of Georgia· 1996-01-05· cited 23×
• Reddin v. State
  Court of Appeals of Georgia· 1996-10-10· cited 20×
• Wetta v. State
  Court of Appeals of Georgia· 1995-03-17· cited 19×
• Leggon v. State
  Court of Appeals of Georgia· 2001-05-03· cited 19×
• Reed v. State
  Court of Appeals of Georgia· 1992-07-09· cited 18×
• Duckworth v. State
  Court of Appeals of Georgia· 1997-01-31· cited 17×
• Ross v. State
  Court of Appeals of Georgia· 1998-10-27· cited 16×
• Heaton v. State
  Court of Appeals of Georgia· 1994-08-04· cited 15×
• McDaniel v. State
  Court of Appeals of Georgia· 1996-03-15· cited 12×
• Davis v. State
  Court of Appeals of Georgia· 1993-06-24· cited 12×