Steward v. State, 555 S.E.2d 33 (Ga. Ct. App. 2001). · Go Syfert
Steward v. State, 555 S.E.2d 33 (Ga. Ct. App. 2001). Cases Citing This Book View Copy Cite
21 citation events (21 in the last 25 years) across 2 distinct courts.
Strongest positive: HARRIS v. the STATE. (gactapp, 2018-01-03)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
examined Cited as authority (quoted) HARRIS v. the STATE. (2×)
Ga. Ct. App. · 2018 · quote attribution · 2 verbatim quotes · confidence low
the fact that the government blunders at trial and the blunder precipitates a successful motion for a mistrial does not bar a retrial
discussed Cited as authority (rule) Frye v. State
Ga. Ct. App. · 2011 · confidence medium
“Even [if] the trial court may have been authorized [by the record] to reach the opposite result, we will affirm if there is evidence to support the trial court’s finding.” (Citation omitted.) Steward v. State, 251 Ga. App. 657, 658 ( 555 SE2d 33 ) (2001).
cited Cited as authority (rule) Allen v. State
Ga. Ct. App. · 2010 · confidence medium
Steward v. State, 251 Ga. App. 657, 658 ( 555 SE2d 33 ) (2001).
discussed Cited as authority (rule) Anderson v. State
Ga. Ct. App. · 2007 · confidence medium
“Generally, where a mistrial is granted on the defendant’s motion, double jeopardy does not bar a retrial unless it is established that the State intended to ‘goad’ the defendant into moving for a mistrial to avoid a reversal or to obtain a more favorable chance of a guilty verdict on retrial.” (Citations omitted.) Steward v. State, 251 Ga. App. 657, 658 ( 555 SE2d 33 ) (2001).
cited Cited as authority (rule) Wright v. State
Ga. Ct. App. · 2007 · confidence medium
Steward v. State, 251 Ga. App. 657, 658 ( 555 SE2d 33 ) (2001).
discussed Cited as authority (rule) Byrd v. State
Ga. Ct. App. · 2006 · confidence medium
See, e.g., Lackes v. State, 274 Ga. 297, 300-301 (3) ( 553 SE2d 582 ) (2001) (prosecutor’s incorrect belief that prejudicial evidence would be admissible is insufficient without more to establish intent to provoke a mistrial); Williams v. State, 268 Ga. 488 ( 491 SE2d 377 ) (1997) (connecting defendant with an irrelevant “theft ring” insufficient without more to establish intent to provoke a mistrial); Dinning v. State, 267 Ga. 879, 880-881 ( 485 SE2d 464 ) (1997) (even intentional prosecutorial misconduct is insufficient without intent to subvert bar of double jeopardy); Steward v. Stat…
cited Cited as authority (rule) State v. Thomas
Ga. · 2002 · confidence medium
Steward v. State, 251 Ga. App. 657, 659 ( 555 SE2d 33 ) (2001); Wilson v. State, supra at 330 (3).
discussed Cited "see" Travis Wilson v. State (2×)
Ga. Ct. App. · 2020 · signal: see · confidence high
See Steward v. State, 251 Ga. App. 657, 658 ( 555 SE2d 33 ) (2001) (“Although the record shows that the prosecutor did an inadequate job of instructing the state’s witnesses about what they could and could not say . . . 7 [Defendant] has not shown that the state stood to gain by retrying the case or that the prosecutor’s actions were intended to subvert the protections afforded by the Double Jeopardy Clause.” (citation and punctuation omitted)).
discussed Cited "see" Mathis v. State (2×)
Ga. Ct. App. · 2005 · signal: see · confidence high
See Steward v. State, 251 Ga. App. 657, 658-659 ( 555 SE2d 33 ) (2001); Brinson v. State, 245 Ga. App. 479, 481-482 ( 538 SE2d 122 ) (2000) (where court found that the prosecutor simply made a mistake in his opening statement); Spradley, 242 Ga. App. at 342-343 (1); Haralson, 227 Ga. App. at 120-121 (1) (record supported trial court’s finding that the prosecutor’s intention was to convict the defendant, not to cause a mistrial).
Retrieving the full opinion text from the archive…
Steward
v.
the State
A01A1118.
Court of Appeals of Georgia.
Sep 27, 2001.
555 S.E.2d 33
Sean M. Maher, Tamara J. Wayland, for appellant., Paul L. Howard, Jr., District Attorney, Bettieanne C. Hart, Assistant District Attorney, for appellee.
Blackburn, Mikell, Pope.
Cited by 10 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 83%
Citer courts: Court of Appeals of Georgia (2)
Pope, Presiding Judge.

During Michael Steward’s trial on counts of rape, incest and two counts of aggravated sodomy, the court declared a mistrial when the state’s expert witness introduced evidence that violated the ultimate issue rule. Steward then filed a plea in bar to prevent retrial on the[*658] grounds that another trial would constitute double jeopardy because the mistrial was caused by intentional prosecutorial misconduct. The trial court denied the motion, and Steward appeals.

Generally, where a mistrial is granted on the defendant’s motion, double jeopardy does not bar a retrial unless it is established that the State intended to “goad” the defendant into moving for a mistrial to avoid a reversal or to obtain a more favorable chance of a guilty verdict on retrial. Williams v. State, 268 Ga. 488, 489 (491 SE2d 377) (1997); Mobley v. State, 262 Ga. 808 (2) (426 SE2d 150) (1993).

Weems v. State, 269 Ga. 577, 580 (4) (501 SE2d 806) (1998). If the record does not show that the prosecutor’s conduct was for these improper purposes, the defendant may be retried. Dinning v. State, 267 Ga. 879, 880-881 (485 SE2d 464) (1997). The intent of the prosecutor is a fact question for the trial court to resolve. Haralson v. State, 227 Ga. App. 118 (488 SE2d 497) (1997). Even though the trial court may have been authorized to reach the opposite result, we will affirm if there is evidence to support the trial court’s finding. Spradley v. State, 242 Ga. App. 340, 342-343 (529 SE2d 647) (2000).

Here, we find no evidence in the record to show that the prosecutor was motivated by improper purposes. Although the record shows that the prosecutor did an inadequate job of instructing the state’s witnesses about what they could and could not say, and that several witnesses in nonresponsive answers made improper remarks that may have resulted from this lack of preparation, Steward has not pointed to any evidence of improper motive. For instance, Steward has not shown that the state stood to gain by retrying the case or that “the prosecutor’s actions were intended to subvert the protections afforded by the Double Jeopardy Clause.” (Citations omitted.) Dinning, 267 Ga. at 881. The court immediately set the trial for retrial the following Monday, and there is no evidence that the state would have benefitted from this short delay. The state may have grossly mishandled its witnesses, but “[t]he fact that the government blunders at trial and the blunder precipitates a successful motion for a mistrial does not bar a retrial.” (Punctuation omitted.) Williams, 268 Ga. at 490.

Steward argues that the prosecutor completely and repeatedly failed in her duty to instruct the state’s witnesses what they could and could not say. He claims that this patent disregard for basic trial procedure rises to the level of blatant error and that it could not have been simply a negligent act. See Wilson v. State, 233 Ga. App. 327, 329-330 (3) (503 SE2d 924) (1998) (physical precedent only). But, in Wilson, the prosecutor asked an improper question, whereas in this[*659] case, the improper information came in the form of nonresponsive answers. Also, in Wilson, the prosecutor attempted to keep certain trial evidence out of the record on appeal, further showing improper motive. In this case, although the court admonished the prosecutor for failing to adequately instruct her witnesses, there was no evidence that she intended for the witnesses to give improper testimony thereby necessitating a mistrial.

Decided September 27, 2001. Sean M. Maher, Tamara J. Wayland, for appellant. Paul L. Howard, Jr., District Attorney, Bettieanne C. Hart, Assistant District Attorney, for appellee.

In Haralson, the trial court made a finding that the prosecutor did not deliberately engage in any misconduct with the intent of securing a mistrial, and because there was evidence to support that finding, we affirmed. Haralson, 227 Ga. App. at 120-121. The same holds true here.

Judgment affirmed.

Blackburn, C. J., and Mikell, J., concur.