Givens v. State, 448 S.E.2d 687 (Ga. 1994). · Go Syfert
Givens v. State, 448 S.E.2d 687 (Ga. 1994). Cases Citing This Book View Copy Cite
77 citation events (34 in the last 25 years) across 2 distinct courts.
Strongest positive: Davidson v. State (gactapp, 2007-03-20)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 22 distinct citers. How cited ↗
cited Cited as authority (rule) Davidson v. State
Ga. Ct. App. · 2007 · confidence medium
Givens v. State, 264 Ga. 522, 523 (2) ( 448 SE2d 687 ) (1994).
discussed Cited as authority (rule) Guyton v. State
Ga. · 2007 · confidence medium
However, any error in this regard is harmless, see Givens v. State, 264 Ga. 522, 523 (2) ( 448 SE2d 687 ) (1994), because four days after White testified the trial court reversed itself and determined that the tape-recorded statements could be used.
discussed Cited as authority (rule) Courrier v. State
Ga. Ct. App. · 2004 · confidence medium
Garry T Moss, District Attorney, for appellee. 1 OCGA§ 16-6-4 (a). 2 OCGA § 16-5-70 (b). 3 OCGA § 16-6-22.1 (b). 4 Edwards v. State, 253 Ga. App. 479, 482 (2) ( 559 SE2d 506 ) (2002). 5 Taylor v. State, 268 Ga. App. 333, 335 (3) ( 601 SE2d 815 ) (2004). 6 Givens v. State, 264 Ga. 522, 523 (2) ( 448 SE2d 687 ) (1994). 7 Carswell v. State, 268 Ga. 531, 534 (5) ( 491 SE2d 343 ) (1997). 8 Dukes v. State, 265 Ga. 422, 424 ( 457 SE2d 556 ) (1995). 9 Green v. State, 240 Ga. App. 377, 379 (4) ( 523 SE2d 581 ) (1999). 10 Bruce v. State, 252 Ga. App. 494, 500 (3) ( 555 SE2d 819 ) (2001). 11 Leggon v.…
examined Cited as authority (rule) Jones v. State (5×) also: Cited "see"
Ga. Ct. App. · 2003 · confidence medium
NOTES [1] Jones does not question the sufficiency of the evidence supporting his other convictions. [2] See Reddick v. State, 249 Ga.App. 678 (1), 549 S.E.2d 151 (2001). [3] See id.; Crawford v. State, 230 Ga.App. 568, 570 (4), 497 S.E.2d 45 (1998); Williams v. State, 195 Ga.App. 422, 423-424 (3), 394 S.E.2d 112 (1990). [4] See Givens v. State, 264 Ga. 522, 523 (1), 448 S.E.2d 687 (1994); Seyden v. State of Ga., 78 Ga. 105 (1886); Hubbard v. State, 167 Ga.App. 32, 35 (7), 305 S.E.2d 849 (1983). [5] Hubbard, supra. [6] 272 Ga. 874 , 536 S.E.2d 514 (2000). [7] Id. at 878(3), 536 S.E.2d 514 . [8]…
discussed Cited as authority (rule) Johnson v. State
Ga. Ct. App. · 2001 · confidence medium
Johnson’s reliance on Chisholm v. State, 231 Ga. App. 835, 838-839 (2) ( 500 SE2d 14 ) (1998), is misplaced, as Chisholm was overruled by Murphy v. State, 270 Ga. 72 ( 508 SE2d 399 ) (1998). 2 See Hatcher v. State, 224 Ga. App. 747, 752 ( 482 SE2d 443 ) (1997). 3 (Citation omitted.) Harris v. State, 222 Ga. App. 83, 84 (1) ( 473 SE2d 245 ) (1996). 4 (Citations, punctuation and emphasis omitted.) Faison v. State, 199 Ga. App. 447, 448 (1) ( 405 SE2d 277 ) (1991). 5 Collins v. State, 205 Ga. App. 341, 343-344 (2) ( 422 SE2d 56 ) (1992). 6 Johnson was indicted on five separate counts of selling…
cited Cited as authority (rule) Moody v. State
Ga. · 2000 · confidence medium
OCGA § 24-9-64; Givens v. State, 264 Ga. 522, 523 (2) ( 448 SE2d 687 ) (1994).
cited Cited as authority (rule) Hendrix v. State
Ga. Ct. App. · 2000 · confidence medium
Givens v. State, 264 Ga. 522, 523 (2) ( 448 SE2d 687 ) (1994).
examined Cited as authority (rule) Speed v. State (3×)
Ga. · 1999 · confidence medium
XII; Goodroe v. State, 224 Ga. App. 378, 380 (1) ( 480 SE2d 378 ) (1997). 8 Wilson v. State, 212 Ga. 73, 75 ( 90 SE2d 557 ) (1955); Harmon v. State, 224 Ga. App. 890, 891 (1) ( 482 SE2d 730 ) (1997). 9 See Harmon, 224 Ga. App. at 891-892 (1). 10 Wainwright v. Witt, 469 U.S. 412, 424 (II) (105 SC 844, 83 LE2d 841) (1985); Greene v. State, 268 Ga. 47, 48 ( 485 SE2d 741 ) (1997). 11 Wainwright v. Witt, 469 U.S. at 424 (II); Greene v. State, 268 Ga. at 48 . 12 Irvin v. Dowd, 366 U.S. 717, 723 (81 SC 1639, 6 LE2d 751) (1961); Norton v. State, 263 Ga. 448, 449 (2) ( 435 SE2d 30 ) (1993). 13 Jones v.…
discussed Cited as authority (rule) Dasher v. State
Ga. Ct. App. · 1998 · confidence medium
Likewise, had Dasher’s counsel chosen to cross-examine Gammon and to forego closing argument, there would also have been harmful error. “[T]he right to make final argument to the jury is an important one, and harm is presumed when that right is erroneously denied.” Givens v. State, 264 Ga. 522, 523 ( 448 SE2d 687 ) (1994).
examined Cited as authority (rule) Whitehead v. State (5×) also: Cited "see"
Ga. Ct. App. · 1998 · confidence medium
See OCGA § 17-8-71; Givens v. State, 264 Ga. 522, 523 (1) ( 448 SE2d 687 ) (1994); Hubbard v. State, 167 Ga. App. 32, 35 (7) ( 305 SE2d 849 ) (1983).
examined Cited as authority (rule) Hayes v. State (3×)
Ga. · 1997 · confidence medium
Givens v. State, 264 Ga. 522, 523 (1), 448 S.E.2d 687 (1994); McDuffie v. Jones, 248 Ga. 544, 546 (2), 283 S.E.2d 601 (1981).
discussed Cited as authority (rule) Duckworth v. State
Ga. · 1997 · confidence medium
Cleary, McCormick: on Evidence, § 28 at 61-62 (3d ed. 1984). 7 See Dickey v. State, 240 Ga. 634, 639 ( 242 SE2d 55 ) (1978) (trial court did not err in excluding taped interview when witness admitted at trial that he made the prior inconsistent statement). 8 248 Ga. 858 , 862 ( 286 SE2d 717 ) (1982). 9 See Gardiner v. State, 252 Ga. 422, 424-425 ( 314 SE2d 202 ) (1984) (holding no error when prior inconsistent statement of witness was read to jury since it was admissible as substantive evidence under Gibbons); see also Barksdale v. State, 265 Ga. 9,11 ( 453 SE2d 2 ) (1995) (holding videotaped…
discussed Cited as authority (rule) Carswell v. State
Ga. · 1997 · confidence medium
See OCGA § 24-9-64 (every party has the statutory right to conduct a thorough and sifting cross-examination of each witness called against him). 17 Davis v. Alaska, 415 U. S. 308, 315 (94 SC 1105, 39 LE2d 347) (1974). 18 Alford, supra; Davis, supra; Hines v. State, 249 Ga. 257, 260 ( 290 SE2d 911 ) (1982). 19 Givens v. State, 264 Ga. 522, 523 ( 448 SE2d 687 ) (1994). 20 See Davis, supra; Hines, supra. 21 Hines, supra (quoting Alford, supra). 22 Castell v. State, 250 Ga. 776, 789 ( 301 SE2d 234 ) (1983); Mathis v. State, 231 Ga. 401, 403 ( 202 SE2d 73 ) (1973). 23 See OCGA § 16-5-2 (a); Hende…
examined Cited "see" Mikell v. State (4×)
Ga. · 2010 · signal: see · confidence high
See Givens v. State, 264 Ga. 522 (3) ( 448 SE2d 687 ) (1994) (when properly requested, trial court is required to give specific charge on State’s burden of proof with respect to an affirmative defense).
discussed Cited "see" Williams v. State (2×)
Ga. Ct. App. · 2001 · signal: see · confidence high
See generally Givens v. State, 264 Ga. 522, 523 (1), 448 S.E.2d 687 (1994) (recognizing that the right to open and close is important and that erroneous denial of that right gives rise to presumption of harm).
discussed Cited "see" Williams v. State (2×)
Ga. Ct. App. · 2001 · signal: see · confidence high
See generally Givens v. State, 264 Ga. 522, 523 (1) ( 448 SE2d 687 ) (1994) (recognizing that the right to open and close is important and that erroneous denial of that right gives rise to presumption of harm).
discussed Cited "see" Dewberry v. State (2×)
Ga. · 1999 · signal: see · confidence high
See generally Givens v. State, 264 Ga. 522, 523 (1) ( 448 SE2d 687 ) (1994) (recognizing that the right to open and close is important, and that erroneous denial of that right gives rise to presumption of harm).
discussed Cited "see" Burnett v. State (2×)
Ga. Ct. App. · 1999 · signal: see · confidence high
See Givens v. State, 264 Ga. 522 ( 448 SE2d 687 ) (1994) (finding reversible error when the defendant presented a plausible defense); Dasher v. State, 233 Ga. App. 833 ( 505 SE2d 792 ) (1998).
discussed Cited "see" Andrews v. State (2×)
Ga. Ct. App. · 1999 · signal: see · confidence high
See Givens v. State, 264 Ga. 522, 524 (3) ( 448 SE2d 687 ) (1994).
discussed Cited "see" Stephens v. State (2×)
Ga. Ct. App. · 1998 · signal: see · confidence high
OCGA § 17-8-71; see generally Givens v. State, 264 Ga. 522, 523 (1) ( 448 SE2d 687 ) (1994) (multiple defendants, each of whom has not presented evidence, must all be allowed to open and conclude closing argument).
discussed Cited "see, e.g." Sheriff v. State (2×)
Ga. · 2003 · signal: see also · confidence low
See also Givens v. State, 264 Ga. 522 (1) ( 448 SE2d 687 ) (1994); McDuffie v. Jones, supra, 248 Ga. at 547 ; Stephens v. State, 233 Ga. App. 32 (2) ( 503 SE2d 311 ) (1998) (all recognizing a presumption of harm when a party is denied the closing argument to which it is statutorily entitled under OCGA § 17-8-70).
discussed Cited "see, e.g." Smith v. State (2×)
Ga. · 2003 · signal: compare · confidence medium
Compare Givens v. State, 264 Ga. 522, 523 (1) ( 448 SE2d 687 ) (1994) with McDuffie v. Jones, supra. See also Monroe v. State, 272 Ga. 201, 202 ( 528 SE2d 504 ) (2000). 3.
Retrieving the full opinion text from the archive…
GIVENS Et Al.
v.
THE STATE
S94G0466.
Supreme Court of Georgia.
Oct 11, 1994.
448 S.E.2d 687
Dorough & Sizemore, Kermit S. Dorough, Jr., T. Lee Bishop, for appellants., Britt R. Priddy, District Attorney, for appellee.
Hunt.
Cited by 32 opinions  |  Published
Hunt, Chief Justice.

We granted certiorari to the Court of Appeals in Givens v. State, 211 Ga. App. 290 (439 SE2d 22) (1993) to review that court’s decision regarding several rulings of the trial court in this appeal from convictions against Carroll Todd Givens and Arthur Steven Barfield of criminal attempt to possess cocaine. We reverse for the reasons stated in the first division.

The evidence presented at trial showed that Givens and Barfield[*523] approached undercover police officers who were posing as drug dealers. The defendants indicated they were interested in purchasing crack cocaine and Barfield, holding money in his hand, examined the contents of a bag of cocaine handed to him by one of the officers. He then handed it back to the officer. Givens and Barfield attempted to drive off without consummating the purchase, but were immediately arrested. Neither defendant testified at trial or presented evidence.

1. Since the defendants were represented by separate counsel, and since neither defendant presented evidence, under OCGA § 17-8-71 each had the right to have his counsel open and conclude the closing argument to the jury. McDuffie v. Jones, 248 Ga. 544, 546 (2) (283 SE2d 601) (1981). Thus, as noted by the Court of Appeals, the trial court erred in only allowing one defense counsel to open and the other defense counsel to conclude the closing argument. 211 Ga. App. at 292 (4). However, we disagree with the further holding of the Court of Appeals that the error in this case was harmless. As we noted in McDuffie, supra, the right to make final argument to the jury is an important one, and harm is presumed when that right is erroneously denied. Id. at 547. That presumption is not absolute, and error in these cases, as in McDuffie, may be shown to be harmless. Unlike Mc-Duffie, where the evidence against the defendant was overwhelming, and the defense was virtually incredible, there was sufficient evidence in this case for the jury to seriously consider the defendants’ defense of abandonment. Accordingly, we cannot say, as a matter of law, that the trial court’s error was harmless.

2. The defendants contend the Court of Appeals erred in holding that the trial court did not abuse its discretion in refusing to allow defense counsel to play a videotape of the attempted purchase during the cross-examination of a police officer. The state played the videotape for the jury following the direct examination of the police officer who taped the incident. Although, as the Court of Appeals correctly noted, the scope of cross-examination is not unlimited and lies within the discretion of the trial court, Robinson v. State, 258 Ga. 279, 281 (3) (368 SE2d 513) (1988), nevertheless, every party has a right to a thorough and sifting cross-examination of witnesses called against him. OCGA § 24-9-64. Here the defendants argued, in support of their defense of abandonment, that their return of the cocaine and departure from the scene were voluntary acts. Under these circumstances, as well as the fact that the videotaped transaction was brief, 211 Ga. App. at 292, it would have been appropriate for the trial court to allow defense counsel the use of the videotape — which showed the actual incident which was the basis for the charges against the defendants — in the cross-examination of the police officer who witnessed the attempted purchase and who made the tape. However, in light of our holding in Division 1, we do not decide here whether the[*524] trial court’s refusal to allow the use of the videotape constituted reversible error; rather, we hold it would have been proper, and better practice to do so. See Ledford v. State, 89 Ga. App. 683, 685 (1) (80 SE2d 828) (1954).

Decided October 11, 1994. Dorough & Sizemore, Kermit S. Dorough, Jr., T. Lee Bishop, for appellants. Britt R. Priddy, District Attorney, for appellee.

3. We need not address the defendants’ argument that the trial court erred in failing to charge the jury that the state had the burden of disproving the defendants’ affirmative defense of abandonment. We note the trial court gave the defendants’ request on abandonment verbatim, and that the charge as a whole fairly presented the issues in the case, including the affirmative defense, and the state’s burden of proof. Had the defendants requested a specific charge regarding the state’s burden of proof with respect to their affirmative defense, the trial court would have been required to give it. See Anderson v. State, 262 Ga. 7, 9 (2) (413 SE2d 722) (1992).

Judgment reversed.

All the Justices concur.