Darden v. State, 441 S.E.2d 816 (Ga. Ct. App. 1994). · Go Syfert
Darden v. State, 441 S.E.2d 816 (Ga. Ct. App. 1994). Cases Citing This Book View Copy Cite
26 citation events (18 in the last 25 years) across 2 distinct courts.
Strongest positive: Timothy Collins v. State (gactapp, 2021-04-30)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 12 distinct citers. How cited ↗
cited Cited as authority (rule) Timothy Collins v. State
Ga. Ct. App. · 2021 · confidence medium
G.’s “discharge . . . had a sound basis in that it served the legally relevant 8 Darden v. State, 212 Ga. App. 345, 347 (4) ( 441 SE2d 816 ) (1994).
discussed Cited as authority (rule) Jackson v. the State
Ga. Ct. App. · 2016 · confidence medium
See Smith v. State, 335 Ga. App. 497, 498 (1) ( 782 SE2d 305 ) (2016) (trial court did not abuse discretion in dismissing juror who appeared as a friend on defendant’s Facebook page but who had not responded affirmatively when asked in voir dire if she knew defendant); Wooten v. State, 250 Ga. App. 686, 687 (3) ( 552 SE2d 878 ) (2001) (trial court did not abuse discretion in dismissing juror who failed to reveal in voir dire that he knew defendant and who indicated to other jurors that he was familiar with defendant and would not consider victim’s testimony); Gurr v. State, 238 Ga. App. 1,…
discussed Cited as authority (rule) Smith v. the State
Ga. Ct. App. · 2016 · confidence medium
See Green v. State, 298 Ga. App. 301, 302 (1) ( 680 SE2d 156 ) (2009) (trial court did not abuse its discretion in removing a juror after deliberations began because the juror failed to affirmatively respond to a jury selection question, even though the juror claimed that his failure was an honest mistake); Darden v. State, 212 Ga. App. 345, 347 (4) ( 441 SE2d 816 ) (1994) (trial court did not abuse its discretion in removing a juror where the State had overlooked the juror’s attempt to indicate during jury selection that she knew the defendants).
discussed Cited as authority (rule) Taylor v. State
Ga. Ct. App. · 2007 · confidence medium
Under OCGA § 15-12-172, a trial judge has discretion to replace a juror who “dies, becomes ill, [or for some] other good cause shown to the court is found to be unable to perform his duty....” (Citation and punctuation omitted.) Hill v. State, 263 Ga. 37, 41 ( 427 SE2d 770 ) (1993); Darden v. State, 212 Ga. App. 345, 347 ( 441 SE2d 816 ) (1994).
discussed Cited as authority (rule) Clark v. State
Ga. Ct. App. · 2006 · confidence medium
Mikell and Phipps, JJ., concur. 1 Eady v. State, 256 Ga. App. 696 ( 569 SE2d 603 ) (2002). 2 OCGA§ 16-6-4 (c). 3 OCGA§ 16-6-4 (a). 4 OCGA § 16-6-5. 5 OCGA§ 16-6-22.2. 6 OCGA §16-5-21. 7 OCGA §16-5-40. 8 OCGA§ 16-10-93. 9 OCGA§ 16-4-8. 10 OCGA§ 16-5-90. 11 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 12 Johnson v. State, 280 Ga. App. 341, 342-343 (2) ( 634 SE2d 134 ) (2006). 13 DeLoach v. State, 272 Ga. 890, 891 (1) ( 536 SE2d 153 ) (2000). 14 Lester v. State, 173 Ga. App. 300, 302 (3) ( 325 SE2d 912 ) (1985). 15 George v. State, 192 Ga. App. 840, 841 (1) ( 386 …
discussed Cited as authority (rule) Thompson v. State
Ga. Ct. App. · 2003 · confidence medium
Andrews, P. J., and Mikell, J., concur. 1 Barber v. State, 235 Ga. App. 170 ( 509 SE2d 93 ) (1998). 2 (Citation and punctuation omitted.) Mathis v. State, 204 Ga. App. 244 (1) ( 418 SE2d 800 ) (1992). 3 See id. 4 Marshall v. State, 213 Ga. App. 186, 187 (2) ( 444 SE2d 130 ) (1994). 5 253 Ga. App. 658 ( 560 SE2d 88 ) (2002). 6 216 Ga. App. 253, 254 (1) ( 454 SE2d 538 ) (1995). 7 See also Williams v. State, 199 Ga. App. 566, 569 (2) ( 405 SE2d 716 ) (1991). 8 Pugh, supra. 9 See generally Underwood v. State, 218 Ga. App. 530, 534 (3) ( 462 SE2d 434 ) (1995) (a trial judge’s ruling or election w…
cited Cited as authority (rule) Mobley v. Wright
Ga. Ct. App. · 2002 · confidence medium
Miller v. State, 261 Ga. 679, 680 (6) ( 410 SE2d 101 ) (1991); Ganas v. State, 245 Ga. App. 645, 648 (3) ( 537 SE2d 758 ) (2000); Darden v. State, 212 Ga. App. 345, 347 (4) ( 441 SE2d 816 ) (1994).
cited Cited as authority (rule) James v. State
Ga. Ct. App. · 1999 · confidence medium
Darden v. State, 212 Ga. App. 345, 346 (1) ( 441 SE2d 816 ) (1994).
cited Cited as authority (rule) Gurr v. State
Ga. Ct. App. · 1999 · confidence medium
Darden v. State, 212 Ga. App. 345, 347 (4) ( 441 SE2d 816 ) (1994), held: *4 Decided April 20, 1999 Reconsideration denied May 6, 1999 — Cert. applied for.
discussed Cited as authority (rule) Norris v. State
Ga. Ct. App. · 1998 · confidence medium
“Under OCGA § 15-12-172, the trial court has discretion to discharge a juror and replace him or her with an alternate at any time, and we will not reverse as long as the court’s exercise of discretion has a sound legal basis. [Cits.]” Darden v. State, 212 Ga. App. 345, 347 (4) ( 441 SE2d 816 ) (1994).
discussed Cited as authority (rule) Worthy v. State
Ga. Ct. App. · 1996 · confidence medium
That section provides that “[i]f at any time, whether before or after final submission of the case to the jury, a juror dies, becomes ill, [or] upon other good cause shown to the court is found to be unable to perform his duty, or is discharged for other legal cause, the first alternate juror shall take the place of the first juror becoming incapacitated.” (Emphasis supplied.) It is well established that OCGA § 15-12-172 provides a trial court with “discretion to discharge a juror and replace him or her with an alternate at any time, and we will not reverse as long as the court’s exer…
discussed Cited "see" James v. State (2×)
Ga. Ct. App. · 2004 · signal: see · confidence high
“Thus, reversible error did not result from the refusal to grant a mistrial due to those statements.” (Footnote omitted.) Wyatt v. State, 267 Ga. 860, 865 (2) (b) ( 485 SE2d 470 ) (1997); see Darden v. State, 212 Ga. App. 345, 346-347 (2) ( 441 SE2d 816 ) (1994); see generally OCGA § 17-8-75. (c) Overwhelming evidence precludes reversal.
Retrieving the full opinion text from the archive…
Darden
v.
the State; Jones v. the State; Holloman v. the State
A93A2396, A93A2399, A93A2601.
Court of Appeals of Georgia.
Mar 9, 1994.
441 S.E.2d 816
Munday & Gammage, John S. Husser, for Darden., Gammon & Anderson, Brad J. McFall, for Jones., Daniel B. Simon III, for Holloman., George C. Turner, Jr., District Attorney, Blanchette C. Holland, Assistant District Attorney, for appellee.
Pope, Birdsong, Andrews.
Cited by 13 opinions  |  Published
Pope, Chief Judge.

Defendants were all convicted of distributing cocaine, and defendant Holloman was also convicted on a separate charge of possession with intent to distribute. Following denial of their motions for new trial, defendants appeal.

Three officers were working undercover in an area of Rockmart known as a center for crack cocaine dealing. As they turned their truck into Second Street and slowed down, three men approached. These men were later identified as Darden, Jones and Lee, a co-defendant who was acquitted and is not involved in this appeal. One of the officers asked the men if they knew where he could get a $20 hit of crack, and Darden responded that they could get it but would have to wait for their “man” to get there. A white and red Ford LTD then entered the area. Jones said, “Here comes our man now,” and told the undercover officers to drive around the block, which they did. When they returned, the LTD was parked at the end of the street and Lee was talking with the driver, subsequently identified as Holloman. Jones and Darden stood by the officers’ truck. Lee then left the LTD and Jones walked toward him. Lee handed something to Jones, and[*346] then Jones walked back to the truck where he handed a small green packet of crack cocaine to Darden. Darden gave the packet to Officer Michael Daniel, and then all four suspects were arrested. Officer Joel McSwain testified that when he went to arrest Holloman in his LTD, Holloman said “It’s not mine, I’m just holding it for somebody.” Holloman then told McSwain that “it” was between the front seats, where McSwain found a plastic baggie containing 17 more hits of crack.

1. All three defendants argue that the trial court should have excluded the hit of crack cocaine in the small green plastic bag which defendants sold to the officers. Officer Daniel testified that Darden handed the crack to him. Yet Officer Keith Barber, the officer in charge of collecting the physical evidence, testified that his notation on the evidence bag indicates that Daniel told him at the time that he got the crack from Jones. Officer Daniel also testified that he gave the packet to Officer Barber at the scene, while Officer Barber testified that he received it from Officer Daniel back at the station. Moreover, Officer Barber placed the packet in an evidence bag containing evidence from a different officer, Officer Jameson, rather than a bag containing other evidence from Officer Daniel. Based on these discrepancies, defendants assert the State failed to establish the chain of custody, so the evidence should have been excluded. “ ‘The burden the state must carry to gain admission of evidence such as this is to show with reasonable certainty that the evidence is the same as that seized and that there has been no tampering or substitution.’ ” (Citation omitted.) Johnson v. State, 207 Ga. App. 121, 122 (427 SE2d 93) (1993). Here, the State showed that Darden handed the packet of crack to Officer Daniel, that Officer Daniel turned the packet over to Officer Barber, and that Officer Barber then took the packet to the crime lab for analysis. There is no evidence suggesting substitution of or tampering with the evidence. Thus, the State met its burden for admission of the evidence in this case, and the minor discrepancies pointed to by defendants go only to its weight. See Anderson v. State, 247 Ga. 397 (2) (276 SE2d 603) .(1981); Richards v. State, 189 Ga. App. 146 (1) (375 SE2d 278) (1988); Jackson v. State, 188 Ga. App. 834 (374 SE2d 777) (1988).

2. All three defendants also contend the trial court erred in denying their motions for mistrial based on the State’s improper closing argument. Although defendants argue here that several portions of the State’s argument were improper, they moved for mistrial only on the grounds of the State’s allegedly improper references to the pervasive drug problem in our society. Such references are not improper. See Philmore v. State, 263 Ga. 67 (3) (428 SE2d 329) (1993). In any case, the trial court sustained defendants’ objections to these references, rebuked State’s counsel and gave the curative instructions re[*347] quested by defendants. Accordingly, the trial court’s denial of the motion for mistrial was not error. See OCGA § 17-8-75.

Decided March 9, 1994. Munday & Gammage, John S. Husser, for Darden. Gammon & Anderson, Brad J. McFall, for Jones. Daniel B. Simon III, for Holloman. George C. Turner, Jr., District Attorney, Blanchette C. Holland, Assistant District Attorney, for appellee.

3. Defendant Holloman challenges the sufficiency of the evidence linking him to the sale of the cocaine to the officers. The evidence of Holloman’s involvement in the sale was sufficient to exclude all other reasonable hypotheses and enable a jury to find him guilty of selling cocaine beyond a reasonable doubt. See OCGA § 24-4-6.

4. Lastly, defendant Holloman argues that the trial court erred in dismissing a juror and replacing her with an alternate during the course of the trial, despite its conclusion that she had not actually done anything improper. The record shows that during a break, the juror was seen sitting and talking with defendants Darden and Jones. Upon questioning by the court, the juror said she had known Darden and Jones all their lives. She said she raised her hand in response to a voir dire question about knowing the defendants, but the State did not see her hand raised. Under OCGA § 15-12-172, the trial court has discretion to discharge a juror and replace him or her with an alternate at any time, and we will not reverse as long as the court’s exercise of discretion has a sound legal basis. See Miller v. State, 261 Ga. 679 (6) (410 SE2d 101) (1991); Payne v. State, 195 Ga. App. 523 (2) (394 SE2d 781) (1990). Contrary to defendant Holloman’s contention, improper conduct on the part of the juror is not required. In Payne, the juror in question had previously been represented by defense counsel. The juror raised his hand when asked about such during voir dire, but the prosecutor did not see it. Under these circumstances, we held that the trial court did not abuse its discretion in replacing the juror with an alternate when the prosecutor moved to do so after the close of evidence. Id. at 524. As the circumstances here are almost identical to those in Payne, we also hold that the trial court had a sound legal basis for its discharge of the juror in this case and did not abuse its discretion.

Judgments affirmed.

Birdsong, P. J., and Andrews, J., concur.