Jackson v. State, 271 S.E.2d 855 (Ga. 1980). · Go Syfert
Jackson v. State, 271 S.E.2d 855 (Ga. 1980). Cases Citing This Book View Copy Cite
294 citation events (23 in the last 25 years) across 3 distinct courts.
Strongest positive: Tillman v. Massey (ga, 2006-11-20)
Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980 2003 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited as authority (rule) Tillman v. Massey
Ga. · 2006 · confidence medium
Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980).
discussed Cited as authority (rule) Wakefield v. State
Ga. Ct. App. · 2003 · confidence medium
While this could constitute waiver, Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980), the appellate courts in this state “shall consider and review erroneous charges where there has been a substantial error in the charge which was harmful as a matter of law, regardless of whether objection was made hereunder or not.” OCGA § 5-5-24 (c).
cited Cited as authority (rule) Villegas v. State
Ga. Ct. App. · 2002 · confidence medium
Id.; Jackson a State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980).
discussed Cited as authority (rule) Nel v. State
Ga. Ct. App. · 2001 · confidence medium
Abernathy, Solicitor-General, for appellee. 1 Nel concedes that there is evidence in the record to support disqualification in that the mother of the boy who owned the dog “was a nurse at Northside Hospital for one of Solicitor Abernathy’s babies which may have constituted a conflict for the solicitor to handle the case.” 2 Hunter v. State, 202 Ga. App. 195, 197 ( 413 SE2d 526 ) (1991). 3 Evans v. State, 233 Ga. App. 879, 880 (2) ( 506 SE2d 169 ) (1998). 4 Thaxton v. State, 260 Ga. 141, 143 (5) ( 390 SE2d 841 ) (1990). 5 Yount v. State, 249 Ga. App. 563, 564-565 (1) ( 548 SE2d 674 ) (200…
discussed Cited as authority (rule) Leggon v. State
Ga. Ct. App. · 2001 · confidence medium
Andrews, P. J., and Miller, J., concur. 1 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 2 Espinoza v. State, 244 Ga. App. 96, 99 (5) ( 534 SE2d 824 ) (2000). 3 OCGA § 16-5-2 (a) (“A person commits the offense of voluntary manslaughter when he causes the death of another human being under circumstances which would otherwise be murder and if he acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person”). 4 2000 Ga. LEXIS 342 , Case No. S00C0610 (May 1, 2000). 5 2…
cited Cited as authority (rule) Brinson v. State
Ga. Ct. App. · 2000 · confidence medium
Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980).
cited Cited as authority (rule) Rittenhouse v. State
Ga. · 2000 · confidence medium
Pruitt v. State, 258 Ga. 583 (14) ( 373 SE2d 192 ) (1988); Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980).
discussed Cited as authority (rule) Seese v. State
Ga. Ct. App. · 1998 · confidence medium
Seese waived any right to enumerate this as error. “ Tn order to avoid waiver, if the trial court inquires if there are objections to the charge, counsel must state his objections or follow the procedure . . ., of reserving the right to object on motion for new trial or on appeal.’ ” 1 Here,, as in Phillips v. State, 2 defense counsel neither objected nor reserved the right to later object. “ ‘[Ujnder such circumstances, (appellant) has waived the right to raise the issue on appeal.’ Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980).” 3 Moreover, alibi is not an affirmat…
discussed Cited as authority (rule) Freeman v. State
Ga. · 1998 · confidence medium
In Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980), this Court referred to preserving objections by “reserving the right to object on motion for new trial or on appeal.” See also McCoy v. State, 262 Ga. 699 (2) ( 425 SE2d 646 ) (1993).
cited Cited as authority (rule) Bowman v. State
Ga. Ct. App. · 1996 · confidence medium
Wilson v. State, 259 Ga. 55, 58 (6) ( 376 SE2d 676 ) (1989); Rivers v. State, 250 Ga. 288, 298 (7) ( 298 SE2d 10 ) (1982); Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980).
discussed Cited as authority (rule) Roura v. State (2×)
Ga. Ct. App. · 1994 · confidence medium
As held in Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980), defense counsel waived the right to raise the issue on appeal "by stating he had no objection to the charge." He did not avoid waiver, which Jackson prescribes may be done, by stating the objections in response to the *45 court's inquiry or following "the procedure . . . of reserving the right to object on motion for new trial or on appeal." This is an exception to "[t]he general rule . . . that defendants in criminal cases are not required to except to the jury charge to preserve error for appeal. [OCGA § 5-5-24 (a).]" Ri…
discussed Cited as authority (rule) Leavitt v. State
Ga. · 1994 · confidence medium
In response to this inquiry, appellant neither objected to that portion of the charge which he now urges to be erroneous nor did he reserve the right to object on motion for new trial or on appeal. “[U]nder such circumstances, [appellant] has waived the right to raise the issue on appeal.” Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980). 4.
cited Cited as authority (rule) Tibbs v. State
Ga. Ct. App. · 1993 · confidence medium
Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980).
discussed Cited as authority (rule) Morales v. State (2×)
Ga. Ct. App. · 1993 · confidence medium
Under these circumstances, "`defendant has waived the right to raise the issue (of error in the charge) on appeal.' Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980)." Busbee v. State, 205 Ga. App. 533 ( 423 SE2d 3 ).
discussed Cited as authority (rule) McCoy v. State
Ga. · 1993 · confidence medium
The use of the word “either” in Pruitt arguably gives support to the State’s position and may have been the basis for the Court of Appeals’ holding in Dearmore v. State, 196 Ga. App. 865 (2) ( 397 SE2d 200 ) (1990), that [w]hen asked by the trial court if he had any exceptions to the charge, an appellant either must state his objections or reserve his right to object on motion for new trial or on appeal; he cannot do both. [Cit.] However, the case cited in Pruitt as authority for the proposition did not use the word “either” in its formulation of the rule: In order to avoid waiver,…
discussed Cited as authority (rule) Busbee v. State
Ga. Ct. App. · 1992 · confidence medium
Here defense counsel neither objected nor reserved the right to later object, and under such circumstances, the defendant has *534 waived the right to raise the issue [of error in the charge] on appeal.” Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980).
discussed Cited as authority (rule) Concepcion v. State
Ga. Ct. App. · 1991 · confidence medium
The transcript shows that although defense counsel, upon inquiry by the trial court, objected to the trial court’s failure to charge on “lesser included offenses,” he neither objected to those portions of the charge now complained of on appeal nor reserved his right to later object to the charge. “ Tn order to avoid waiver, if the trial court inquires if there are objections to the charge, counsel must state his objections or follow the procedure set forth in Gaither v. State, 234 Ga. 465 ( 216 SE2d 324 ) (1975), ... of reserving the right to object on motion for new trial or on appeal…
cited Cited as authority (rule) Darden v. State
Ga. Ct. App. · 1990 · confidence medium
Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980); White v. State, 243 Ga. 250 ( 253 SE2d 694 ) (1979).
discussed Cited as authority (rule) Bridges v. State (2×)
Ga. Ct. App. · 1990 · confidence medium
Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980); Hill v. State, 237 Ga. 523, 525 (3) ( 228 SE2d 898 ) (1976); Edwards v. State, 235 Ga. 603, 604 (2) ( 221 SE2d 28 ) (1975).
cited Cited as authority (rule) Daily v. State
Ga. Ct. App. · 1990 · confidence medium
Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980).
cited Cited as authority (rule) McCounly v. State
Ga. Ct. App. · 1989 · confidence medium
Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980).
discussed Cited as authority (rule) Hills v. State
Ga. Ct. App. · 1989 · confidence medium
“In order to avoid waiver, if the trial court inquires if there are objections to the charge, counsel must state his objections or follow the procedure set forth in Gaither v. State, 234 Ga. 465 ( 216 SE2d 324 ) (1975), ... of reserving the right to object on motion for new trial or on appeal.” Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980).
cited Cited as authority (rule) Lancaster v. State
Ga. Ct. App. · 1989 · confidence medium
Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980).
discussed Cited as authority (rule) Hardaway v. State
Ga. Ct. App. · 1988 · confidence medium
“Here defense counsel neither objected nor reserved the right to later object, and under such circumstances, [appellant] has waived the right to raise the issue on appeal.” Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980).
cited Cited as authority (rule) Rainey v. State
Ga. Ct. App. · 1986 · confidence medium
Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ). 6.
discussed Cited as authority (rule) Thackston v. State
Ga. Ct. App. · 1986 · confidence medium
Both after the charge and after the recharge counsel answered “no” when asked if there were any objections to the charges. “[I]f the trial court inquires if there are objections to the charge, counsel must state his objections or follow the procedure set forth in Gaither v. State, 234 Ga. 465 ( 216 SE2d 324 ) (1975), and approved in White [v. State, 243 Ga. 250 ( 253 SE2d 694 ) (1979)] of reserving the right to object on motion for new trial or on appeal.” Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980).
cited Cited as authority (rule) Boyer v. State
Ga. Ct. App. · 1986 · confidence medium
Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980); Lumpkin v. State, 249 Ga. 834, 835 (1) ( 295 SE2d 86 ) (1982).
cited Cited as authority (rule) Taylor v. State
Ga. Ct. App. · 1985 · confidence medium
Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980); Morton v. State, 168 Ga. App. 18, 20 (4) ( 308 SE2d 41 ) (1983).
discussed Cited as authority (rule) Paul v. State
Ga. Ct. App. · 1985 · confidence medium
“Here defense counsel neither objected nor reserved the right to later object, and under such circumstances, the defendant has waived the right to raise the issue on appeal.” Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980).
cited Cited as authority (rule) Jolley v. State
Ga. · 1985 · confidence medium
Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980); Rivers v. State, 250 Ga. 303 (7) ( 298 SE2d 1 ) (1982). 4.
discussed Cited as authority (rule) Kelly v. State
Ga. Ct. App. · 1985 · confidence medium
When asked if there were any objections to the charge as given or additional requests to charge, counsel for appellant replied, “Not at this time, Your Honor.” “In order to avoid waiver, if the trial court inquires if there are objections to the charge, counsel must state his objections or follow the procedure set forth in Gaither v. State, 234 Ga. 465 ( 216 SE2d 324 ) (1975), ... of reserving the right to object on motion for new trial or on appeal.” Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980). “[T]he mere insertion of the caveat ‘at this time’ is a far cry from a…
discussed Cited as authority (rule) Taylor v. THE STATE (2×)
Ga. Ct. App. · 1985 · confidence medium
Here defense counsel neither objected nor reserved the right to later object, and under such circumstances, the defendant has waived the right to raise the issue on appeal." Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980).
examined Cited as authority (rule) Butler v. State (4×)
Ga. Ct. App. · 1984 · confidence medium
Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ).
discussed Cited as authority (rule) Davis v. State
Ga. Ct. App. · 1984 · confidence medium
Appellant reserved his right to raise error in the charge on appeal pursuant to Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980) and we must therefore examine whether reversible error was committed in the charge.
cited Cited as authority (rule) Sloan v. State
Ga. Ct. App. · 1984 · confidence medium
Rivers v. State, 250 Ga. 303, 309 (7) ( 298 SE2d 1 ); Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ). 6.
discussed Cited as authority (rule) Kennedy v. State
Ga. Ct. App. · 1984 · confidence medium
Counsel for appellant replied: “I don’t believe I have any exceptions at this time.” In Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980), the Supreme Court held: “In order to avoid waiver, if the trial court inquires if there are objections to the charge, counsel must state his objections or follow the procedure set forth in Gaither v. State, 234 Ga. 465 ( 216 SE2d 324 ) (1975), and approved in White [v. State, 243 Ga. 250 ( 253 SE2d 694 ) (1979)], of reserving the right to object on motion for new trial or on appeal.” We are unable to state with any degree of certainty tha…
cited Cited as authority (rule) Maynard v. State
Ga. Ct. App. · 1984 · confidence medium
Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980).
cited Cited as authority (rule) Brown v. State
Ga. Ct. App. · 1984 · confidence medium
Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ). 6.
cited Cited as authority (rule) Phillips v. State
Ga. Ct. App. · 1984 · confidence medium
Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ); Nettles v. State, 249 Ga. 787 (3) ( 294 SE2d 492 ).
discussed Cited as authority (rule) Fields v. State
Ga. Ct. App. · 1983 · confidence medium
“In order to avoid waiver, if the trial court inquires if there are objections to the charge, counsel must state his objections or... reserv[e] the right to object on motion for new trial or on appeal.” Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ).
discussed Cited as authority (rule) LaPann v. State
Ga. Ct. App. · 1983 · confidence medium
Reid v. State, 129 Ga. App. 660, 663 ( 200 SE2d 456 ); Shields v. State, 147 Ga. App. 131 ( 248 SE2d 205 ); Urban v. State, 152 Ga. App. 110, 111 (2) ( 262 SE2d 259 ); Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ).
cited Cited as authority (rule) Schwerdtfeger v. State
Ga. Ct. App. · 1983 · confidence medium
White v. State, 243 Ga. 250, 251 ( 253 SE2d 694 ); Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ).
discussed Cited as authority (rule) Bivins v. State
Ga. Ct. App. · 1983 · confidence medium
Here defense counsel neither objected nor reserved the right to later object, and under such circumstances, the defendant has waived the right to raise the issue on appeal.” Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980).
cited Cited as authority (rule) Smallwood v. State
Ga. Ct. App. · 1983 · confidence medium
Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ).
cited Cited as authority (rule) Bedford v. State
Ga. Ct. App. · 1983 · confidence medium
Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ).
discussed Cited as authority (rule) Devoe v. State
Ga. · 1982 · confidence medium
Here defense counsel neither objected nor reserved the right to later object, and under such circumstances, the defendant has waived the right to raise the issue on appeal.” Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980).
discussed Cited as authority (rule) Phillips v. State
Ga. Ct. App. · 1982 · confidence medium
Here defense counsel neither objected nor reserved the right to later object, and under such circumstances, [appellant] has waived the right to raise the issue on appeal.” Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980). 6.
discussed Cited as authority (rule) Lynn v. State
Ga. Ct. App. · 1982 · confidence medium
Here defense counsel neither objected nor reserved the right to later object, and under such circumstances, [appellant] has waived the right to raise the issue on appeal.” Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980).
cited Cited as authority (rule) Broadnax v. State
Ga. Ct. App. · 1982 · confidence medium
Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ). 3.
cited Cited as authority (rule) Lumpkin v. State
Ga. Ct. App. · 1982 · confidence medium
Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ); McAllister v. State, 231 Ga. 368 (1) ( 202 SE2d 54 ).
Retrieving the full opinion text from the archive…
JACKSON Et Al.
v.
THE STATE
36311.
Supreme Court of Georgia.
Oct 2, 1980.
271 S.E.2d 855
1980 Ga. LEXIS 1160
Groover & Childs, Denmark Groover, Jr., Albert H. Dallas, Roosevelt Warren, for appellants., Joseph Briley, District Attorney, Sallie Jocoy, Assistant District Attorney, for appellee.
Clarke, Jordan, Hill.
Cited by 141 opinions  |  Published

Lead Opinion

Clarke, Justice.

We granted certiorari to review the holding in Division 1 of the Court of Appeals in Jackson v. State, 154 Ga. App. 139 (267 SE2d 767) (1980), dealing with their application of the induced error doctrine set forth in Hill v. State, 237 Ga. 523 (228 SE2d 898) (1976), to this case.

Defendants Jackson and Denton were jointly tried and convicted of theft by receiving stolen property. The main evidence for the state consisted of testimony from the thief involved in the transaction. During his testimony, the state brought out the facts of the witness’s past felony convictions and defense counsel went into the convictions on cross examination. In his charge to the jury, the trial court charged on the law of impeachment by evidence of contradictory statements, but did not charge on impeachment by evidence of prior felony convictions. Defendants had not requested a charge on impeachment, and when asked at the conclusion of the charge if there were any exceptions to the charge, defense counsel replied “none.” The Court of Appeals held that error in the impeachment charge could not be raised on appeal because reliance on impeachment was a defense theory which was “undisclosed,” and by stating there was no objection to the charge, defendants had induced the error under the principles of Hill v. State, supra.

Code Ann. § 70-207 (a) provides that in civil cases, “no party may[*460] complain of the giving or the failure to give an instruction to the jury, unless he objects thereto before the jury returns its verdict.” When this statute was enacted in 1966, it applied to “all cases.” Ga. L. 1966, pp. 493, 498. The act was amended in 1968, Ga. L. 1968, pp. 1072, 1078, to provide that the provisions “shall not apply in criminal cases.” The statute relieves the defendant in a criminal case from making exceptions as to errors in a charge.

Through an evolutionary process, this court has interpreted the code séction and found certain instances in which the relief granted to the defendant may be waived by the defendant and certain other instances where the defendant may losé his right to relief by inducing the court to make an erroneous charge.

One of such means is when a defendant devises a tactical trial plan which maneuvers the court into a frying pan or fire position. This is true particularly in instances of charges on lesser included offenses. State v. Stonaker, 236 Ga. 1 (222 SE2d 354) (1976), deals with the issue of raising failure to charge on a lesser included offense on appeal and established specific rules governing this particular area only.

Induced error was the issue in Edwards v. State, 235 Ga. 603 (2) (221 SE2d 28) (1975) and Hill, supra. In Edwards, there was an affirmative act or statement on the part of defense counsel which encouraged the charge which was given by the court. In Hill, the holding was again concerned with trial tactics and involved an undisclosed affirmative defense which was asserted by the defendant at a later time. Insofar as Hill holds that a negative reply to an inquiry by the court on the charge is induced error, it should be limited to the facts of that case, and we find the Court of Appeals erred in applying induced error in this case.

This leaves the question of whether there was a waiver of the right to raise error in the charge on the part of defendant’s counsel. Under our holdings in White v. State, 243 Ga. 250 (253 SE2d 694) (1979), and Hill v. State, 246 Ga. 402 (1980), defense counsel has waived any rights under Code Ann. § 70-207 by stating he had no objection to the charge. In order to avoid waiver, if the trial court inquires if there are objections to the charge, counsel must state his objections or follow the procedure set forth in Gaither v. State, 234 Ga. 465 (216 SE2d 324) (1975), and approved in White, of reserving the right to object on motion for new trial or on appeal. Here defense counsel neither objected nor reserved the right to later object, and under such circumstances, the defendant has waived the right to raise the issue on appeal.

Judgment affirmed.

All the Justices concur, except Jordan, P.J., and Hill, J., who concur specially. [*461] Argued July 8, 1980 Decided October 2, 1980. Groover & Childs, Denmark Groover, Jr., Albert H. Dallas, Roosevelt Warren, for appellants. Joseph Briley, District Attorney, Sallie Jocoy, Assistant District Attorney, for appellee.

Concurrence

Hill, Justice,

concurring specially.

Code § 70-207 (a) (Ga. L. 1968, pp. 1072, 1078) permits the appellant in a criminal case to appeal an erroneous charge or omission in charge without first raising the issue in the trial court. But see Thomas v. State, 234 Ga. 615, 618 (216 SE2d 859) (1975).

In Sims v. State, 234 Ga. 177 (2) (214 SE2d 902) (1975), this court held (at 179): “The benefits of this rule are not deemed waived by defendant even where his counsel states to the trial judge that he has no objection to the charge of the court.”

Sims v. State, supra, was overruled in White v. State, 243 Ga. 250, 251 (253 SE2d 694) (1979), with Justices Jordan and Hill dissenting. I adhere to that dissent and would apply Sims v. State, supra, here.

Hbwever, I concur in the judgment in this case for a different reason. The majority base their decision on waiver. Thus the majority impliedly find error in the impeachment charge by omission of impeachment by prior felony convictions. I would find no error, there having been no request to charge on impeachment by prior felony convictions. In Webb v. State, 140 Ga. 779 (1) (79 SE 1126) (1913), the court held: “If the trial judge undertakes to instruct the jury as to the methods by which a witness may be impeached, he should instruct them as to all the methods of impeachment, so far as the instructions are authorized by the evidence. But it has been held by this court that his failure to do so will not require the grant of a new trial, where no written request was made to charge the jury as to the mode of impeachment omitted from his instructions upon the subject of impeachment of witnesses. Millen &c. R. Co. v. Allen, 130 Ga. 656 (5), 657 (61 SE 541).” See also Smaha v. George, 195 Ga. 412, 419-420 (24 SE2d 385) (1943); Jackson v. State, 92 Ga. App. 774 (3) (90 SE2d 29) (1955).

I therefore concur in the judgment.

I am authorized to state that Presiding Justice Jordan joins in this special concurrence.