Simmons v. State

How courts have described this case

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

• “The denial of a motion for out-of-time appeal is directly appealable when the criminal conviction at issue has not been the subject of direct appeal.”
• denial of motion for out-of-time appeal is directly appealable where conviction has not been subject of direct appeal
• denial of motion for out-of-time appeal is directly appealable where conviction has not been subject of direct appeal
• inmate was collaterally estopped from seeking out-of-time appeal since a habeas court previously had determined that inmate was responsible for the loss of his right of direct appeal
• “If there is evidence sufficient to authorize a finding that the movant’s conduct caused the loss of the right to direct appeal, the movant is not entitled to an out-of-time appeal.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Collier v. State
  Supreme Court of Georgia· 2019-10-21· cited 79×
• Stephens v. State
  Supreme Court of Georgia· 2012-10-15· cited 53×
• Karan, Inc. v. Auto-Owners Insurance
  Supreme Court of Georgia· 2006-04-25· cited 47×
• Kilgore v. State
  Court of Appeals of Georgia· 2014-03-03· cited 40×
• Mims v. State
  Supreme Court of Georgia· 2016-06-06· cited 27×
• Brown v. State
  Supreme Court of Georgia· 2006-06-26· cited 24×
• English v. State
  Court of Appeals of Georgia· 2010-12-16· cited 24×
• Davis v. State
  Supreme Court of Georgia· 2010-06-28· cited 16×
• McCRANIE v. THE STATE
  Court of Appeals of Georgia· 2016-02-18· cited 16×
• McMullen v. State
  Supreme Court of Georgia· 2013-01-07· cited 16×
• Wiggins v. State
  Supreme Court of Georgia· 2010-11-08· cited 12×
• Jeffcoat v. State
  Court of Appeals of Georgia· 2009-06-11· cited 10×
• Hooks v. State
  Supreme Court of Georgia· 2008-10-27· cited 9×
• Rhodes v. State
  Supreme Court of Georgia· 2015-01-20· cited 9×
• Kemp v. State
  Supreme Court of Georgia· 2013-04-15· cited 9×
• York v. RES-GA LJY, LLC
  Supreme Court of Georgia· 2017-04-17· cited 9×
• Delevan v. State
  Court of Appeals of Georgia· 2018-02-21· cited 9×
• Hollins v. State
  Supreme Court of Georgia· 2010-05-03· cited 8×
• Jackson v. State
  Supreme Court of Georgia· 2005-11-21· cited 8×
• Haneef Abdul Raheem v. State
  Court of Appeals of Georgia· 2015-09-21· cited 7×

Cites

12 cases in this archive are cited by this case.

• Rowland v. State
  Supreme Court of Georgia· 1995-01-24· cited 927×
• Richards v. State
  Supreme Court of Georgia· 2002-05-13· cited 99×
• Petkas v. Grizzard
  Supreme Court of Georgia· 1984-02-09· cited 76×
• Heard v. State
  Supreme Court of Georgia· 2001-09-17· cited 68×
• Henderson v. State
  Supreme Court of Georgia· 1995-03-06· cited 61×
• Butler v. Turner
  Supreme Court of Georgia· 2001-11-19· cited 22×
• Hunter v. State
  Supreme Court of Georgia· 1991-01-31· cited 22×
• Thorpe v. State
  Court of Appeals of Georgia· 2002-01-14· cited 15×
• Barnes v. State
  Court of Appeals of Georgia· 2000-04-25· cited 14×
• Barnes v. State
  Supreme Court of Georgia· 2002-02-04· cited 14×
• Jackson v. State
  Court of Appeals of Georgia· 2002-06-21· cited 9×
• Simmons v. Balkcom
  Supreme Court of Georgia· 1975-09-02· cited 1×