Newton v. State, 486 S.E.2d 715 (Ga. Ct. App. 1997). · Go Syfert
Newton v. State, 486 S.E.2d 715 (Ga. Ct. App. 1997). Cases Citing This Book View Copy Cite
33 citation events (14 in the last 25 years) across 1 distinct court.
Strongest positive: Jones v. State (gactapp, 2009-10-02)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited as authority (rule) Jones v. State
Ga. Ct. App. · 2009 · confidence medium
Tom Durden, District Attorney, Henry P. Smith, Assistant District Attorney, for appellee. 1 Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) (99 SC 2781, 61 LE2d 560) (1979) (citation and emphasis omitted). 2 Dean v. State, 273 Ga. 806, 807 (1) ( 546 SE2d 499 ) (2001) (citation and punctuation omitted). 3 Brown v. State, 295 Ga. App. 542, 544 ( 672 SE2d 514 ) (2009). 4 See OCGA §§ 16-6-4 (defining child molestation and aggravated child molestation); 24-4-8 (“The testimony of a single witness is generally sufficient to establish a fact.”); Lucas v. State, 295 Ga. App. 831, 832 (1) ( 673 …
cited Cited as authority (rule) Heath v. State
Ga. Ct. App. · 2008 · confidence medium
Newton v. State, 226 Ga. App. 501, 502 ( 486 SE2d 715 ) (1997).
discussed Cited as authority (rule) McClain v. State
Ga. Ct. App. · 2007 · confidence medium
However, “not every comment directed toward a defendant’s silence will result in an automatic reversal.” (Citation and punctuation omitted.) Newton v. State, 226 Ga. App. 501, 502 (1) ( 486 SE2d 715 ) (1997).
discussed Cited as authority (rule) Lemons v. State
Ga. Ct. App. · 2004 · confidence medium
As a result, “not every comment directed toward a defendant’s silence will result in an automatic reversal.” (Citation and punctuation omitted.) Newton v. State, 226 Ga. App. 501, 502 (1) ( 486 SE2d 715 ) (1997).
discussed Cited as authority (rule) Williams v. State
Ga. Ct. App. · 2003 · confidence medium
Newton v. State, 226 Ga. App. 501, 503 (3) ( 486 SE2d 715 ) (1997); see Dyer v. State, 257 Ga. App. 267, 268 (3) ( 570 SE2d 692 ) (2002); Brooks v. State, 232 Ga. App. 115, 118 (13) ( 501 SE2d 286 ) (1998).
discussed Cited as authority (rule) Dyer v. State
Ga. Ct. App. · 2002 · confidence medium
See Sharpe v. Dept. of Transp., 267 Ga. *269 267 (1) ( 476 SE2d 722 ) (1996) (“The contemporaneous objection rule has long been a mainstay of Georgia trial practice. [Cits.]”); Newton v. State, 226 Ga. App. 501, 503 (3) ( 486 SE2d 715 ) (1997) (failure to make chain of custody objection waives any error); Geoffrion v. State, 224 Ga. App. 775, 779 (6) ( 482 SE2d 450 ) (1997) (chain of custody objection must be contemporaneous with effort to admit the evidence), overruled on other grounds, Mullins v. State, 270 Ga. 450, 451 ( 511 SE2d 165 ) (1999).
discussed Cited as authority (rule) Sanders v. State
Ga. Ct. App. · 2000 · confidence medium
Newton v. State, 226 Ga. App. 501, 502 (1) ( 486 SE2d 715 ); Walker v. State, 216 Ga. App. 236 ( 454 SE2d 156 ). (c) The trial court did not abuse its discretion by failing to insist that Sanders be returned to the courtroom for the purpose of identification by the State’s witnesses.
cited Cited as authority (rule) Turner v. State
Ga. Ct. App. · 1999 · confidence medium
Newton v. State, 226 Ga. App. 501, 503 (3) ( 486 SE2d 715 ) (1997). 5.
discussed Cited as authority (rule) Kelley v. State (2×)
Ga. Ct. App. · 1998 · confidence medium
Newton v. State, 226 Ga.App. 501, 503 (3), 486 S.E.2d 715 .
discussed Cited as authority (rule) Head v. State (2×)
Ga. Ct. App. · 1998 · confidence medium
“On appeal of a guilty verdict, we do not redetermine the factual issues decided by the jury nor the weight of the evidence, but only its sufficiency under the standard of Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). [Cit.]” Newton v. State, 226 Ga. App. 501, 502-503 (2) ( 486 SE2d 715 ) (1997).
cited Cited as authority (rule) Brooks v. State
Ga. Ct. App. · 1998 · confidence medium
Newton v. State, 226 Ga. App. 501, 503 (3) ( 486 SE2d 715 ) (1997).
examined Cited as authority (rule) James v. State (3×) also: Cited "see"
Ga. Ct. App. · 1998 · confidence medium
(Cit.)’ Morris v. State, 167 Ga. App. 351, 352 (1) ( 306 SE2d 409 ) (1983).” Newton v. State, 226 Ga. App. 501, 502 (1) ( 486 SE2d 715 ).
discussed Cited "see" Johnson v. State (2×)
Ga. Ct. App. · 2001 · signal: see · confidence high
C., 188 Ga. App. 849, 850 ( 374 SE2d 754 ) (1988). 5 Ellis v. State, 235 Ga. App. 837, 838 (4) ( 510 SE2d 127 ) (1998). 6 Birt v. State, 256 Ga. 483, 486-487 (4) ( 350 SE2d 241 ) (1986). 7 257 Ga. 32, 35 (2) (b) ( 354 SE2d 429 ) (1987). 8 Harris v. State, 202 Ga. App. 618, 623 (7) ( 414 SE2d 919 ) (1992). 9 Rucker v. State, 268 Ga. 406, 407 (2) ( 489 SE2d 844 ) (1997). 10 Brewer v. State, 224 Ga. App. 656, 657-658 (2) ( 481 SE2d 608 ) (1997). 11 See Johnson v. State, 266 Ga. 380, 383 (2) ( 467 SE2d 542 ) (1996). 12 Gary v. State, 244 Ga. App. 577, 578 ( 536 SE2d 220 ) (2000); see Williams v. D…
Retrieving the full opinion text from the archive…
Newton
v.
the State
A97A1063.
Court of Appeals of Georgia.
May 16, 1997.
486 S.E.2d 715
1997 Ga. App. LEXIS 665
Lawrence D. Gatehouse, for appellant., Daniel J. Craig, District Attorney, Charles R. Sheppard, Assistant District Attorney, for appellee.
Beasley, Fleming, McMurray, Smith.
Cited by 16 opinions  |  Published
Beasley, Judge.

Following denial of his motion for new trial, Newton appeals his conviction of possession of cocaine. OCGA § 16-13-30.

City of Augusta police officer Burton testified that between 2:45 and 3:00 a.m. on August 24,1994, he was on patrol when he observed Newton standing with a known prostitute and a third individual on a street corner in a known drug area. After positioning himself in front of them and activating his takedown lights and spotlight, Burton observed Newton reach into his right front pants pocket and throw a shiny object to the ground. After another officer arrived, Burton walked to where Newton had been standing and retrieved a package of cigarettes which had a wad of aluminum foil in it. He opened the aluminum foil and observed five pieces of rock-like substances which appeared to be crack cocaine.

He asked to whom the cigarettes belonged. Newton said his cigarettes were in his vehicle over the sun visor, and his two companions said they did not smoke. After checking the sun visor and finding no cigarettes, Burton arrested Newton and transported him to police headquarters. The substance in the aluminum foil tested positive for cocaine. At trial, Newton denied throwing anything from his pocket[*502] at the time in question.

1. The first enumerated error is the failure to exclude evidence that Newton asserted his post-arrest, post -Miranda right to remain silent.

On direct examination, Burton was asked what steps he took after arriving at headquarters. He responded, “The crack cocaine was placed in the evidence room to be sent to the Augusta Crime Lab for expert testing. Mr. Newton was read his rights, at which time he refused to give any oral or written statements.”

No objection was raised nor motion for mistrial made, so there is no trial court ruling for appellate review in this regard. And as the law stands now, the trial court is not required to take action sua sponte when this type of inadmissible evidence which approaches abridgement of a defendant’s Fifth Amendment right to remain silent comes into the jury’s ken. Thus defendant waived the right to complain on appeal. Brewer v. State, 219 Ga. App. 16, 19 (4) (463 SE2d 906) (1995). Neither did defendant raise any objection with respect to his state constitutional right against self-incrimination. Ga. Const. of 1983, Art. I, Sec. I, Par. XVI.

Nevertheless, we point out that the comment should not have been made. It was clearly gratuitous because the witness was asked what he did, not what defendant did or did not do. The State is obligated to prepare its law enforcement witnesses to preclude inadmissible evidence.

The Supreme Court of Georgia has held that “[t]o reverse a conviction the evidence of the defendant’s election to remain silent must point directly at the substance of defendant’s defense or otherwise substantially prejudice the defendant in the eyes of the jury.” Smith v. State, 244 Ga. 814, 816 (262 SE2d 116) (1979). The analysis in Smith rests on Doyle v. Ohio, 426 U. S. 610 (96 SC 2240, 49 LE2d 91) (1976). Thus, “not every comment directed toward á defendant’s silence will result in an automatic reversal. [Cit.]” Morris v. State, 167 Ga. App. 351, 352 (1) (306 SE2d 409) (1983). The officer’s comment did not point to the defendant’s defense and did not relate to his innocence. Nor was there any other evidence or commentary concerning this subject. Under these circumstances, we do not find “substantial prejudice” such that defendant’s trial was fundamentally unfair. Smith, supra; Duck v. State, 250 Ga. 592, 595 (300 SE2d 121) (1983). Compare Gibbs v. State, 217 Ga. App. 614 (458 SE2d 407) (1995).

2. Newton contends the State failed to prove guilt beyond a reasonable doubt because there is no evidence linking him to the cigarette package found by the officer.

Whether the officer’s testimony was sufficient to connect Newton to the cigarette package and thus to the cocaine was a jury question. On appeal of a guilty verdict, we do not redetermine the factual[*503] issues decided by the jury nor the weight of the evidence, but only its sufficiency under the standard of Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). Winn v. State, 215 Ga. App. 120 (1) (449 SE2d 667) (1994). Viewed to support the verdict, the evidence was sufficient to enable a rational trier of fact to find Newton guilty beyond a reasonable doubt of possession of the cocaine.

Decided May 16, 1997. Before Judge Fleming. Lawrence D. Gatehouse, for appellant. Daniel J. Craig, District Attorney, Charles R. Sheppard, Assistant District Attorney, for appellee.

3. As to the asserted break in the chain of custody of the contraband, “this issue was not preserved for appeal by any objection at trial. Defendant thus waived any error. [Cits.]” Mathis v. State, 204 Ga. App. 244, 245 (2) (418 SE2d 800) (1992).

Judgment affirmed.

McMurray, P. J., and Smith, J., concur.