Maxwell v. State

How courts have described this case

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

• granting of out-of-time appeal constitutes permission to pursue appropriate post-conviction remedies including motion for new trial
• following denial of motion for new trial, grant of out-of-time appeal, and appointment of new appellate counsel, defendant was permitted to raise ineffectiveness claims in a second motion for new trial
• permitting a defendant to file a second motion for new trial following the grant of an out-of-time appeal, and giving the trial court the discretion to refuse to reopen issues decided in the first motion for new trial
• “[T]he grant of an out-of-time appeal permits a defendant . . . to start the post-conviction process anew.”
• A granted out-of-time appeal “permits a defendant, by the grace of the court, to start the post-conviction process anew.” (footnote omitted)
• failure to file motion for new trial raising ineffective assistance of counsel claim in trial court bars review

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Rowland v. State
  Supreme Court of Georgia· 1995-01-24· cited 927×
• Cook v. State
  Supreme Court of Georgia· 2022-03-15· cited 141×
• Glover v. State
  Supreme Court of Georgia· 1996-01-22· cited 114×
• Collier v. State
  Supreme Court of Georgia· 2019-10-21· cited 79×
• Fairclough v. State
  Supreme Court of Georgia· 2003-05-19· cited 55×
• Maddox v. State
  Supreme Court of Georgia· 2005-01-10· cited 45×
• Schoicket v. State
  Supreme Court of Georgia· 2021-11-02· cited 29×
• Kelly v. State
  Supreme Court of Georgia· 2021-06-21· cited 27×
• Ritter v. State
  Supreme Court of Georgia· 2000-07-05· cited 24×
• Lynn v. State
  Supreme Court of Georgia· 2020-12-21· cited 23×
• Duitsman v. State
  Court of Appeals of Georgia· 1994-03-09· cited 21×
• Robinson v. State
  Supreme Court of Georgia· 2002-03-28· cited 21×
• Glass v. State
  Court of Appeals of Georgia· 2001-02-02· cited 16×
• Chatman v. State
  Supreme Court of Georgia· 1995-02-13· cited 16×
• Dawson v. State
  Court of Appeals of Georgia· 2010-03-16· cited 16×
• Herndon v. State
  Court of Appeals of Georgia· 1998-04-09· cited 16×
• King v. State
  Court of Appeals of Georgia· 1993-03-19· cited 14×
• Wordu v. State
  Court of Appeals of Georgia· 1995-03-08· cited 13×
• Robinson v. State
  Supreme Court of Georgia· 2019-08-19· cited 8×
• Sims v. State
  Court of Appeals of Georgia· 2009-03-02· cited 6×

Cites

6 cases in this archive are cited by this case.

• Jackson v. Virginia
  Supreme Court· 1979-10-01· cited 79,490×
• Johnson v. Zerbst
  Supreme Court· 1938-05-31· cited 10,545×
• Ponder v. State
  Supreme Court of Georgia· 1991-02-26· cited 105×
• Thompson v. State
  Supreme Court of Georgia· 1987-09-09· cited 98×
• Bradley v. Tattnall Bank
  Court of Appeals of Georgia· 1984-04-09· cited 36×
• Bell v. State
  Supreme Court of Georgia· 1989-06-08· cited 21×