Smith 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 that trial counsel was not deficient for failing to file a general demurrer, because such a filing would have been meritless
• determining that a one-count indictment charging the appellant with felony murder based on aggravated assault was sufficient to withstand a general demurrer
• “[A] criminal defense attorney does not perform deficiently when he fails to advance a legal theory that would require an extension of existing precedents and the adoption of an unproven theory of law.” (citation and punctuation omitted)
• “[A] criminal defense attorney does not perform deficiently when he fails to advance a legal theory that would require an extension of existing precedents and the adoption of an unproven theory of law.” (citation and punctuation omitted)

Source: CourtListener parenthetical corpus (CC0).

Cited by

3 cases in this archive cite this case.

• Clark v. State
  Supreme Court of Georgia· 2023-01-18· cited 52×
• McIver v. State
  Supreme Court of Georgia· 2025-05-13· cited 4×
• Kymbalee Ann Phillips v. State
  Court of Appeals of Georgia· 2023-04-28

Cites

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

• Strickland v. Washington
  Supreme Court· 1984-06-25· cited 123,578×
• Richardson v. United States
  Supreme Court· 1999-06-01· cited 913×
• Leutner v. State
  Supreme Court of Georgia· 1975-09-11· cited 60×
• Miller v. State
  Supreme Court of Georgia· 2002-10-28· cited 59×
• Stinson v. State
  Supreme Court of Georgia· 2005-03-28· cited 50×
• Lowe v. State
  Supreme Court of Georgia· 2003-04-29· cited 40×
• Bullard v. State
  Supreme Court of Georgia· 2019-12-23· cited 35×
• Esprit v. State
  Supreme Court of Georgia· 2019-03-11· cited 34×
• Dugger v. State
  Supreme Court of Georgia· 2015-05-11· cited 30×
• State v. Boyer
  Supreme Court of Georgia· 1999-02-22· cited 27×
• Bighams v. State
  Supreme Court of Georgia· 2014-11-17· cited 24×
• Henry v. James
  Supreme Court of Georgia· 1994-10-11· cited 23×
• Rhoden v. State
  Supreme Court of Georgia· 2018-04-16· cited 20×
• State v. OWENS (And Vice Versa)
  Supreme Court of Georgia· 2021-08-10· cited 20×
• Lumpkins v. State
  Supreme Court of Georgia· 1994-06-06· cited 17×
• Winters v. State
  Supreme Court of Georgia· 2019-02-18· cited 16×
• Morris v. State
  Supreme Court of Georgia· 2006-01-30· cited 14×
• Smith v. State
  Supreme Court of Georgia· 1991-05-15· cited 14×
• White v. State
  Supreme Court of Georgia· 2020-02-10· cited 14×
• Hall v. State
  Court of Appeals of Georgia· 1999-11-19· cited 13×