Tarwater 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 there was significant effect on representation when counsel negotiated a plea bargain for more than one defendant in a case conditioned on acceptance of the plea by all such defendants
• defendant’s guilty plea was conditioned upon the guilty pleas of two co-defendants that had been represented by the same counsel as a part of plea-bargaining negotiations
• actual conflict existed when counsel negotiated plea conditioned on all three clients pleading guilty
• actual conflict existed when counsel negotiated plea conditioned on all three clients pleading guilty
• if defendant pleads guilty, prejudice shown by “reasonable probability that, hut for counsel’s errors, [defendant] would not have pleaded guilty and would have insisted on going to trial”
• ineffective assistance of counsel is conclusively established by showing that a defendant was allowed to plead guilty upon the condition that another defendant represented by the same attorney also plead guilty

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Woods v. State
  Supreme Court of Georgia· 2002-11-26· cited 61×
• Williams v. Duffy
  Supreme Court of Georgia· 1999-03-01· cited 58×
• Fortson v. State
  Supreme Court of Georgia· 2000-06-12· cited 58×
• State v. Abernathy
  Supreme Court of Georgia· 2011-07-05· cited 57×
• Baptiste v. State
  Court of Appeals of Georgia· 1997-11-18· cited 47×
• Inglett v. State
  Court of Appeals of Georgia· 1999-07-28· cited 38×
• State v. Heath
  Supreme Court of Georgia· 2003-11-10· cited 35×
• Ellis v. State
  Supreme Court of Georgia· 2000-09-11· cited 33×
• Robinson v. State
  Court of Appeals of Georgia· 1993-09-01· cited 20×
• Thompson v. Greene
  Supreme Court of Georgia· 1995-10-23· cited 16×
• Hall v. State
  Court of Appeals of Georgia· 1993-10-26· cited 13×
• Redd v. State
  Supreme Court of Georgia· 1994-07-21· cited 12×
• Jackson v. State
  Supreme Court of Georgia· 1999-11-15· cited 12×
• Martin v. State
  Supreme Court of Georgia· 1997-11-03· cited 11×
• Pullen v. State
  Court of Appeals of Georgia· 1993-04-16· cited 10×
• Smith v. Wilson
  Supreme Court of Georgia· 1997-05-12· cited 9×
• Rice v. State
  Court of Appeals of Georgia· 1997-06-11· cited 8×
• McIntyre v. State
  Court of Appeals of Georgia· 1999-06-28· cited 7×
• Cunningham v. State
  Court of Appeals of Georgia· 1999-09-09· cited 7×
• Davis v. Murrell
  Supreme Court of Georgia· 2005-09-19· cited 7×

Cites

4 cases in this archive are cited by this case.

• Strickland v. Washington
  Supreme Court· 1984-06-25· cited 123,578×
• Hill v. Lockhart
  Supreme Court· 1985-11-18· cited 11,299×
• Cuyler v. Sullivan
  Supreme Court· 1980-05-12· cited 5,389×
• Fleming v. State
  Supreme Court of Georgia· 1980-06-09· cited 45×