Legal Opinion
Cain v. State
Supreme Court of Georgia
Decided November 25, 2002No. S02A1332PublishedCited by 7 opinions
1Opinion of the Court
Hunstein, Justice.
Marvin Cain appeals from the denial of his motion for an out of time appeal from his murder conviction. Finding that the document Cain filed constituted the “functional equivalent” of a timely-filed notice of appeal, we reverse the trial court and remand the case with direction that Cain be allowed to proceed with his direct appeal.
Cain was convicted of malice murder on May 20, 1997. He timely filed a motion for new trial, which the trial court orally denied at a hearing on December 17, 1999. The record reveals that the written order denying the motion for new trial has two…
2Cases cited14 opinions
- Torres v. Oakland Scavenger Co.Supreme Court of the United States · 1988
- Smith v. BarrySupreme Court of the United States · 1992
- United States v. Milton M. Dowell, Appeal Of: Donald v. MoranoCourt of Appeals for the Seventh Circuit · 2001
- Birt v. StateSupreme Court of Georgia · 1986
- Veasley v. StateSupreme Court of Georgia · 2000
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Miller v. StateCourt of Appeals of Georgia · 2003
- Cain v. StateSupreme Court of Georgia · 2003
- John Doe v. StateCourt of Appeals of Georgia · 2018
- Cain v. StateSupreme Court of Georgia · 2002
- Michele Bryce v. Henry HatfieldCourt of Appeals of Georgia · 2017
2 more not listed; retrieve them via the Exa API.