Green v. State, 429 S.E.2d 694 (Ga. Ct. App. 1993). · Go Syfert
Green v. State, 429 S.E.2d 694 (Ga. Ct. App. 1993). Cases Citing This Book View Copy Cite
41 citation events (22 in the last 25 years) across 1 distinct court.
Strongest positive: Glisson v. Freeman (gactapp, 2000-03-24)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 17 distinct citers. How cited ↗
discussed Cited as authority (quoted) Glisson v. Freeman (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2000 · quote attribution · 1 verbatim quote · confidence low
principal purpose of argument is to provide guidance to this court on the basis for a claim of error and for citations of authority which tend to support appellant's allegation of error
examined Cited as authority (quoted) Clark v. Stafford (3×) also: Cited "see"
Ga. Ct. App. · 1999 · signal: see · quote attribution · 1 verbatim quote · confidence high
principal purpose of argument is to provide guidance to this court on the basis for a claim of error and for citations of authority which tend to support appellant's allegation of error
discussed Cited as authority (rule) Kristopher Lee Cawthon v. State
Ga. Ct. App. · 2019 · confidence medium
But 35 See Atkinson v. State, 243 Ga. App. 570, 574 (2) ( 531 SE2d 743 ) (2000) (deeming an argument abandoned when the appellant cited to the general legal standard and presented a single sentence making a conclusory allegation that evidence was insufficient to support his conviction); Green v. State, 208 Ga. App. 1, 2-3 (2) ( 429 SE2d 694 ) (1993) (“The principal purpose of argument is to provide guidance to this [C]ourt on the basis for a claim of error and for citations of authority which tend to support appellant’s allegation of error.
discussed Cited as authority (rule) Devin Washington v. State (2×)
Ga. Ct. App. · 2016 · confidence medium
“Since verdicts acquire their legality from return and publication, there was no verdict in this case until it was received and published in open court.” (Citation and punctuation omitted.) Green v. State, 208 Ga. App. 1, 2 (1) ( 429 SE2d 694 ) (1993).
discussed Cited as authority (rule) Washington v. State (2×)
Ga. Ct. App. · 2016 · confidence medium
“Since verdicts acquire their legality from return and publication, there was no verdict in this case until it was received and published in open court.” (Citations and punctuation omitted.) Green v. State, 208 Ga. App. 1, 2 (1) ( 429 SE2d 694 ) (1993).
discussed Cited as authority (rule) Wellstar Health System, Inc. v. Tucker Sutton
Ga. Ct. App. · 2012 · confidence medium
See also State v. Lane, 218 Ga. App. 126, 127 ( 460 SE2d 550 ) (1995) (note from jurors to judge indicating that they had acquitted defendant of murder was not a verdict because it was not received and published in open court); Green v. State, 208 Ga. App. 1, 2 (1) ( 429 SE2d 694 ) (1993) (although jury advised court that it had reached a verdict, there was no verdict at that point because it had not been received and 5 published in open court).
discussed Cited as authority (rule) WellStar Health System, Inc. v. Sutton
Ga. Ct. App. · 2012 · confidence medium
See also State v. Lane, 218 Ga.App. 126, 127 ( 460 SE2d 550 ) (1995) (note from jurors to judge indicating that they had acquitted defendant of murder was not a verdict because it was not received and published in open court); Green v. State, 208 Ga.App. 1, 2 (1) ( 429 SE2d 694 ) (1993) (although jury advised court that it had reached a verdict, there was no verdict at that point because it had not been received and published in open court).
discussed Cited as authority (rule) McDowell v. State
Ga. Ct. App. · 2004 · confidence medium
“Granting a continuance is committed to the sound discretion of the trial court (OCGA § 17-8-22), and the trial court’s exercise of this discretion will not be reversed on appeal unless it is clear the discretion has been abused.” (Citation omitted.) Green v. State, 208 Ga. App. 1, 3 (4) ( 429 SE2d 694 ) (1993).
cited Cited as authority (rule) Easley v. State
Ga. Ct. App. · 2003 · confidence medium
Bell v. State, 163 Ga. App. 672, 674 ( 295 SE2d 147 ) [(1982)]; Harden v. State, 160 Ga. App. 514, 516 ( 287 SE2d 329 ) [(1981)].” Green v. State, 208 Ga. App. 1, 2 (1) ( 429 SE2d 694 ) (1993).
discussed Cited as authority (rule) Goodman v. State
Ga. Ct. App. · 2002 · confidence medium
Andrews, P. J., and Eldridge, J., concur. 1 Estep v. State, 238 Ga. App. 170, 172 (1) ( 518 SE2d 176 ) (1999). 2 (Citations and punctuation omitted.) Id. 3 Id. 4 See Dowis v. State, 232 Ga. App. 111, 114 (2) (e) ( 501 SE2d 275 ) (1998). 5 See Court of Appeals Rule 27 (c) (2); Green v. State, 208 Ga. App. 1, 2-3 (2) ( 429 SE2d 694 ) (1993). 6 See Brown v. State, 214 Ga. App. 676, 679 (3) ( 448 SE2d 723 ) (1994). 7 Roberts v. State, 186 Ga. App. 824, 825 (4) ( 368 SE2d 522 ) (1988).
discussed Cited as authority (rule) Herrman v. Cohen
Ga. Ct. App. · 2001 · confidence medium
Mark Thedieck, for appellees. 1 Kerr v. Cohen, 249 Ga. App. 392, 397 (2) ( 548 SE2d 17 ) (2001). 2 See Pearson v. Small World Day Care Center, 234 Ga. App. 843, 844-845 (2) (a) ( 508 SE2d 200 ) (1998). 3 (Citations omitted.) Clark v. Stafford, 239 Ga. App. 69, 74 (4) ( 522 SE2d 6 ) (1999). 4 (Citation and punctuation omitted.) Green v. State, 208 Ga. App. 1, 2 (2) ( 429 SE2d 694 ) (1993). 5 See Starrett v. Commercial Bank of Ga., 226 Ga. App. 598, 601 (2) ( 486 SE2d 923 ) (1997) (appellant enumerated the grant of summary judgment as error but only made conclusory statements and failed to prese…
discussed Cited as authority (rule) Davis v. State
Ga. Ct. App. · 2000 · confidence medium
Also, the car was exposed to the elements for several days before police attempted to lift fingerprints. 15 See Carter v. State, supra, 237 Ga. App. at 706 (1) (b). 16 Green v. State, 208 Ga. App. 1, 2-3 (2) ( 429 SE2d 694 ) (1993). 17 (Citation and punctuation omitted.) Joint Venture v. McDaniel, 224 Ga. App. 716 (1) ( 481 SE2d 836 ) (1997). 18 Pickens v. State, 225 Ga. App. 792, 800 (7) ( 484 SE2d 731 ) (1997).
discussed Cited as authority (rule) Altman v. State
Ga. Ct. App. · 1997 · confidence medium
“The trial court is obliged to charge the jury on the law applicable to the case. [Cit.] Therefore, the trial court was authorized to correct any errors in the charge [cits.], and could do so sua sponte.” Green v. State, 208 Ga. App. 1, 2 (1) ( 429 SE2d 694 ).
discussed Cited as authority (rule) State v. Lane
Ga. Ct. App. · 1995 · confidence medium
But there was no verdict until it was received and published in open court (Green v. State, 208 Ga. App. 1, 2 ( 429 SE2d 694 )), and the only verdict returned and received in open court was that the jury could not reach a verdict on Count 1 (murder).
cited Cited as authority (rule) Strickland v. State
Ga. Ct. App. · 1994 · confidence medium
OCGA § 17-8-20; Green v. State, 208 Ga. App. 1, 3 (4) ( 429 SE2d 694 ) (1993).
discussed Cited "see" In the Interest of M. C. J. (2×)
Ga. Ct. App. · 2000 · signal: see · confidence high
See Green v. State, 208 Ga. App. 1, 2 (2) ( 429 SE2d 694 ) (1993).
discussed Cited "see" In Re MCJ (2×)
Ga. Ct. App. · 2000 · signal: see · confidence high
See Green v. State, 208 Ga.App. 1, 2 (2), 429 S.E.2d 694 (1993).
Retrieving the full opinion text from the archive…
Green
v.
the State
A92A1746.
Court of Appeals of Georgia.
Mar 18, 1993.
429 S.E.2d 694
Friedman, Donaldson & Phillips, Robert P. Phillips III, Todd A. Hall, for appellant., Spencer Lawton, Jr., District Attorney, David T. Lock, Assistant District Attorney, for appellee.
Birdsong, Beasley, Andrews.
Cited by 18 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: #38,123 of 633,719
Citer courts: Court of Appeals of Georgia (2)
Birdsong, Presiding Judge.

After being tried for murder, two counts of aggravated assault, armed robbery, and two counts of possession of a firearm during the commission of a felony, Johnny Green was convicted only of the armed robbery. He now appeals that conviction. Green contends the trial court erred by refusing to accept a verdict even though the jury had returned to the courtroom and had announced it had reached a verdict on all charges, by recharging the jury after it had reached a verdict, by giving a repetitive, inaccurate and misleading recharge that was unduly coercive and unfairly suggestive, by excluding the testimony of a clinical psychologist, and by refusing to grant a timely motion for a continuance.

Green’s brief does not comply with Rule 15 of this court; the argument is not numbered sequentially following the enumerations of error, but is one continuous argument. Rule 15 (c) (1). Further, some arguments are without citations of authority. Rule 15 (c) (2). Held:

1. The transcript shows that Green’s first two enumerations of error, concerning charging the jury after the jury announced it had reached a verdict on all counts, arises from the trial court’s attempt to correct what it believed was an erroneous response to the jury’s request for further instruction. Before the recharge could be given, however, the jury advised that it had reached a verdict. Although the jury was returned to the courtroom, it was directed not to announce its verdict, and this verdict was not published. Then the trial court[*2] recharged the jury to correct the earlier instruction, and returned the jury for further deliberation. The jury later returned, and published in open court, a verdict finding Green guilty of armed robbery. We find no error.

The trial court is obliged to charge the jury on the law applicable to the case. Pope v. State, 52 Ga. App. 411, 413 (183 SE 630). Therefore, the trial court was authorized to correct any errors in the charge (Turner v. State, 178 Ga. App. 888, 889-890 (345 SE2d 99); Barraza v. State, 149 Ga. App. 738, 739 (256 SE2d 48)), and could do so sua sponte. Litmon v. State, 186 Ga. App. 762, 763 (368 SE2d 530). Thus, the only issue is whether the trial court was precluded from doing so because the jury advised that it had reached and was ready to announce its verdict. Since “[v]er diets acquire their legality from return and publication” (Bradley v. State, 135 Ga. App. 865, 870 (219 SE2d 451)), there was no verdict in this case until it was received and published in open court. Bell v. State, 163 Ga. App. 672, 674 (295 SE2d 147); Harden v. State, 160 Ga. App. 514, 516 (287 SE2d 329). Therefore, we hold that it was not error to recharge the jury because the verdict was not yet received in open court. Mathews v. State, 176 Ga. App. 394, 395 (336 SE2d 259); Maltbie v. State, 139 Ga. App. 342, 345 (228 SE2d 368). As the cases Green relies upon concern verdicts which were announced in open court or were incomplete for some reason, they are not persuasive. Moreover, since the court did not know what the jury’s verdict had been prior to the giving of the corrective charge, it cannot be said that the recharge was an attempt to alter the jury’s verdict. It must be assumed that the verdict as it was actually published was the correct verdict given under the corrective charge. Accordingly, the first two enumerations of error are without merit.

2. Green’s third enumeration contends that the recharge was repetitive, contained inaccurate and misleading statements of the law, was unduly coercive and unfairly suggestive. The argument intended to support the enumeration, however, simply restates or rephrases the enumeration, e.g., “the recharge . . . was not a correct statement of the law” or “failed to charge the correct law,” recites generally what the court stated, e.g., the “court first talked about what was theoretically possible” and “the court talked about conspiracy which it commingled with the definition of robbery,” but the argument cites no authority, identifies no particular erroneous statement of the law, and contains no reference to the transcript. “The mere repetition and rephrasing of an enumeration of error without more is not the argument anticipated [in Rule 15]. The principal purpose of argument is to provide guidance to this court on the basis for a claim of error and for citations of authority which tend to support appellant’s allegation of error. A mere recital, or repetition, of the enumerated error is not argument.” (Citations and punctuation omitted.) Chesser v. Wallace, [*3] 200 Ga. App. 567-568 (408 SE2d 814). Further, argument merely rephrasing the enumerated errors is insufficient because enumerations are conclusory and insufficient to raise justiciable issues. Craig v. State, 205 Ga. App. 856 (424 SE2d 902); Hunter v. State, 201 Ga. App. 9, 10 (410 SE2d 204). Therefore, this enumeration of error is deemed abandoned. Court of Appeals Rule 15 (c) (3).

3. Green’s fourth enumeration of error contends the trial court erred by excluding the testimony of a clinical psychologist. The argument made is included within the argument of the other enumerations, and has no citation of authority supporting Green’s contention the trial court erroneously excluded this witness. The thrust of the argument presented is Green’s defense “would have been” that he “lacked the mental acumen necessary to form criminal intent,” a defense recognized in our law, that under OCGA § 16-3-3, one cannot be convicted of a crime which was the result of mental disease, injury, defect, or delusional compulsion, and that the psychologist’s testimony may have enabled the jury to reach a proper verdict in light of the evidence presented. While there can be little dispute these contentions are correct generally, they are irrelevant to the trial court’s ruling that excluded the psychologist’s testimony because Green had not complied with the notice procedures of USCR 31.4 (A) and thus the issue was precluded by USCR 31.4 (B). See OCGA §§ 17-7-130; 17-7-131 and Meders v. State, 260 Ga. 49, 51-52 (389 SE2d 320). Since at trial Green acknowledged he had not provided the required notice, and he does not contend that he showed good cause for not doing so, the trial court did not err by excluding this testimony.

4. Finally, Green contends the trial court erred by denying a timely motion for a continuance so that he could receive final written psychological reports. As the party seeking the continuance, Green was required to demonstrate that he used due diligence in obtaining the reports, and the record does not demand a finding that Green exercised diligence in securing the report. OCGA § 17-8-20; Fowler v. State, 195 Ga. App. 874 (395 SE2d 33). Additionally, as the record shows that the psychologist who was to prepare the report testified and rendered his opinion at a pretrial hearing in the case, Green was not deprived of the information in the report. Granting a continuance is committed to the sound discretion of the trial court (OCGA § 17-8-22), and the trial court’s exercise of this discretion will not be reversed on appeal unless it is clear the discretion has been abused. Rhodes v. State, 200 Ga. App. 193, 194 (407 SE2d 442). Under the circumstances of this appeal, we find no abuse of discretion.

Judgment affirmed.

Beasley, P. J., and Andrews, J., concur. [*4] Decided March 18, 1993. Friedman, Donaldson & Phillips, Robert P. Phillips III, Todd A. Hall, for appellant. Spencer Lawton, Jr., District Attorney, David T. Lock, Assistant District Attorney, for appellee.