State v. Roberts, 277 S.E.2d 644 (Ga. 1981). · Go Syfert
State v. Roberts, 277 S.E.2d 644 (Ga. 1981). Cases Citing This Book View Copy Cite
57 citation events (14 in the last 25 years) across 4 distinct courts.
Strongest positive: Reynaldo Alvarez-Maldonado v. State (gactapp, 2021-06-02)
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981 2003 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
discussed Cited as authority (rule) Reynaldo Alvarez-Maldonado v. State
Ga. Ct. App. · 2021 · confidence medium
In 19 See State v. Roberts, 247 Ga. 456, 458 ( 277 SE2d 644 ) (1981) (holding that the trial court did not abuse its discretion in reopening evidence and admitting new evidence upon request by jury after commencement of deliberations). 20 See Taylor, 282 Ga. at 504 (3) (holding that trial court did not abuse its discretion in reopening the evidence after the State had rested to allow the State to play portions of defendant’s videotaped statement to police or to present testimony from murder victim’s mother). 13 contrast, Exhibit 19—which is labeled “Subm #001C” but was not tested—i…
cited Cited as authority (rule) Walton v. State
Ga. · 2018 · confidence medium
(Citations omitted.) State v. Roberts, 247 Ga. 456, 457-458 ( 277 SE2d 644 ) (1981), quoting People v. Olsen, 34 NY2d 349 ( 313 NE2d 782 ) (1974).
discussed Cited as authority (rule) Adorno v. State
Ga. Ct. App. · 2012 · confidence medium
See Paul S. Milich, Georgia Rules of Evidence § 13:4, p. 228 (2d ed. 2002). 14 State v. Roberts, 247 Ga. 456, 458 ( 277 SE2d 644 ) (1981). 15 See OCGA § 24-3-16 (“A statement made by a child under the age of 14 years describing any act of sexual contact or physical abuse performed with or on the child by another or performed with or on another in the presence of the child is admissible in evidence by the testimony of the person or persons to whom made if the child is available to testify in the proceedings and the court finds that the circumstances of the statement provide sufficient indic…
discussed Cited as authority (rule) Taylor v. State
Ga. · 2007 · confidence medium
The appeal was subsequently submitted for decision on briefs. 2 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 OCGA§ 16-5-2 (a). 4 See Culmer v. State, 282 Ga. 330 ( 647 SE2d 30 ) (2007); Hunter v. State, 281 Ga. 693, 695 ( 642 SE2d 688 ) (2007). 5 Page v. State, 249 Ga. 648, 651 ( 292 SE2d 850 ) (1982); State v. Roberts, 247 Ga. 456, 456-458 ( 277 SE2d 644 ) (1981). 6 Paul S. Milich, Georgia Rules of Evidence § 13.4, p. 228 (2d ed. 2002). 7 Shepherd v. State, 280 Ga. 245, 248-249 ( 626 SE2d 96 ) (2006). 8 Id. 9 Id. at 249 .
discussed Cited as authority (rule) Riggins v. State
Ga. Ct. App. · 1998 · confidence medium
Rather, it is admitted in judicio in appellant’s brief (see generally State v. Griffin, 204 Ga. App. 459 ( 419 SE2d 528 )) that the evidence became known to appellant’s attorney “after the jury received evidence and began deliberations.” The evidence at issue is not newly discovered within the meaning of Timber-lake, supra. “ '[E]ven after jury deliberations have begun, the trial court, in the sound exercise of discretion, may reopen the evidence and allow the admission of new evidence.’ ” Gardner v. State, 263 Ga. 197, 198 (2) ( 429 SE2d 657 ); Childs v. State, 257 Ga. 243, 255 …
discussed Cited as authority (rule) Barnett v. State
Ga. Ct. App. · 1992 · confidence medium
It has long been the rule, however, “that a trial judge has a discretion, upon a jury request made during deliberations, to permit the jury to hear again parts of the evidence previously presented.” State v. Roberts, 247 Ga. 456, 457 ( 277 SE2d 644 ) (1981). “[T]he trial court has discretion to ‘hear again’ evidence previously *589 presented.” Haynes v. State, 180 Ga. App. 202 (2) ( 349 SE2d 208 ) (1986).
discussed Cited as authority (rule) Brown v. State
Ga. Ct. App. · 1991 · confidence medium
It has also been established that “the better view is to allow the trial judge to exercise a sound discretion in determining whether or not, upon a request by the jury, after commencement of deliberations, the evidence should be reopened and new evidence admitted.” State v. Roberts, 247 Ga. 456, 458 ( 277 SE2d 644 ).
cited Cited as authority (rule) Aikens v. State
Ga. Ct. App. · 1990 · confidence medium
State v. Roberts, 247 Ga. 456, 458 ( 277 SE2d 644 ); Wansley v. State, 256 Ga. 624, 626 (5) ( 352 SE2d 368 ).
discussed Cited as authority (rule) Brown v. State
Ga. Ct. App. · 1988 · confidence medium
It is within the discretion of the trial judge to decide “whether or not, upon a request by the jury, after commencement of deliberations, the evidence should be reopened and new evidence admitted.” State v. Roberts, 247 Ga. 456, 458 ( 277 SE2d 644 ) (1981).
cited Cited as authority (rule) State v. Sandler
W. Va. · 1985 · confidence medium
See, e.g., People v. Olsen, 34 N.Y.2d 349, 354 , 357 N.Y.S.2d 487, 490 , 313 N.E.2d 782, 784 (1974); State v. Roberts, 247 Ga. 456, 457 , 277 S.E.2d 644, 645 (1981).
cited Cited as authority (rule) Castell v. State
Ga. · 1983 · confidence medium
State v. Roberts, 247 Ga. 456, 457 ( 277 SE2d 644 ) (1981).
discussed Cited "see" Wansley v. State (2×)
Ga. · 1987 · signal: see · confidence high
See State v. Roberts, 247 Ga. 456 ( 277 SE2d 644 ) (1981).
discussed Cited "see" Haynes v. State (2×)
Ga. Ct. App. · 1986 · signal: see · confidence high
See State v. Roberts, 247 Ga. 456, 457 ( 277 SE2d 644 ).
discussed Cited "see" Jackson v. State (2×)
Ga. Ct. App. · 1982 · signal: see · confidence high
See State v. Roberts, 247 Ga. 456 ( 277 SE2d 644 ) (1981); Davis v. State, 242 Ga. 901 (7) ( 252 SE2d 443 ) (1979), vacated on other grounds, Davis v. Georgia, 446 U. S. 961 (1980).
discussed Cited "see, e.g." Gresham v. State (2×)
Ga. Ct. App. · 1992 · signal: compare · confidence low
Regarding the trial court’s decision to allow the prisoner to testify after both sides had rested, “ ‘[i]t is always within the sole discretion of the trial court to permit either the State or the defense in criminal cases to reopen the case after the close of the evidence.’ (Cits.)” Boscaino v. State, 186 Ga. App. 133, 134 (3) ( 366 SE2d 789 ); accord Evans v. State, 201 Ga. App. 20, 27 (6) ( 410 SE2d 146 ); compare State v. Roberts, 247 Ga. 456 ( 277 SE2d 644 ) (case reopened after jury deliberation had commenced).
Retrieving the full opinion text from the archive…
The State
v.
Roberts
37067.
Supreme Court of Georgia.
Apr 9, 1981.
277 S.E.2d 644
Harry N. Gordon, District Attorney, B. Thomas Cook, Assistant District Attorney, for appellant., Jack Affleck, Curtis W. Miller, for appellee.
Gregory, Jordan, Clarke, Smith.
Cited by 29 opinions  |  Published

Lead Opinion

Gregory, Justice.

We granted certiorari in this case to review the issue considered by the Court of Appeals in Roberts v. State, 156 Ga. App. 405 (274 SE2d 772) (1980). That issue is whether or not the trial court may, at the request of the jury, exercise a discretion to reopen the evidence and allow new evidence to be introduced after jury deliberations have begun. The Court of Appeals answered in the negative. We reverse.

The defendant was on trial upon a charge of theft by taking. It was alleged in the indictment that he took in excess of $900 from his employer. During the State’s case in chief Brenda Cattell testified that the defendant had spent substantial sums of money in her behalf to rent an apartment and purchase items for use in the apartment. In order to refresh recollection the witness was permitted to examine a lease and a sales receipt. Neither the lease nor the sales receipt were offered in evidence. Following the submission of the case to the jury and about an hour of deliberations the jury sent a written request to the judge asking to be allowed to see the lease and the sales receipt. The trial court permitted the evidence to be reopened. Two witnesses were called. A foundation for the admissibility of the lease and sales receipt was elicited. In addition, an application relating to the. lease was identified and a foundation for admissibility presented. The lease, application, and sales receipt were admitted into evidence. Both the State and the defendant then made further argument to the jury. The jury resumed deliberations and thereafter reached a verdict of guilty.

[*457] The Court of Appeals has pointed out that the matter of reopening evidence is generally within the sound discretion of the trial court. The Court of Appeals in its opinion further recognized that a trial judge has a discretion, upon a jury request made during deliberations, to permit the jury to hear again parts of the evidence previously presented. Both these principles are well established. Hurt v. State, 239 Ga. 665, 672 (238 SE2d 542) (1977); Person v. State, 235 Ga. 814, 816 (221 SE2d 587) (1976). However, relying on certain language contained in Strickland v. State, 115 Ga. 222 (41 SE 713) (1902), the Court of Appeals held that the trial judge does not have discretion to reopen the evidence and allow new evidence after the jury has begun deliberations. We note that under the facts of Strickland, the opinion stands only for the principle that the judge may, after deliberation begins, allow the jury to rehear portions of the trial testimony. The court there found that the testimony admitted after the evidence was reopened was substantially the same as that previously given. There was no new evidence. In reaching its conclusion the court did state: “Let it be conceded that good law and sound practice would prohibit a judge from ever allowing a criminal case to be reopened and new evidence introduced after the jury have retired to consider their verdict...” Strickland, supra, at 227. Under the facts before the court in Strickland this must be regarded as dicta. In other cases not squarely dealing with the present issue, the Georgia courts have suggested that a discretion is vested in the trial judge. See: Pollard v. State, 144 Ga. 229 (86 SE 1096) (1915); Dwight v. State, 60 Ga. App. 205 (3 SE2d 468) (1939); Moulton v. State, 18 Ga. App. 285 (89 SE 341) (1916). It has been held that the discretion remains vested in the judge even until such time in the trial when the jury reaches the jury room but has not begun deliberations. Pennington v. State, 42 Ga. App. 377, 383 (156 SE 286) (1930). The precise issue now presented has never been decided in the Georgia cases.

We have examined authorities in other jurisdictions which generally hold that a discretion continues in the trial judge to reopen the evidence to allow new evidence even after deliberations begin. 87 ALR2d 849, § 2. This is the position taken by the North Carolina courts where the issue has been presented a number of times. State v. Shutt, 279 N. C. 689 (185 SE2d 206, 209) (1971), cert. denied 406 U. S. 928 (1972). Both the dangers of allowing the evidence to be reopened and of not doing so were considered in People v. Olsen, 34 N. Y. 2d 349 (313 NE2d 782, 784) (1974):

“There are obvious reasons why at this stage the power to reopen a case for additional proof must be exercised with utmost caution. One reason of course is that at some point the trial must come to an[*458] end (cf. Mary v. State, 5 Mo. 71). If requests to reopen were casually granted and became routine, the orderly trial process, fundamental to our jurisprudence, would soon erode away. Another consideration, apart from the merits of a predictable trial pattern, is that new evidence introduced during the jury’s deliberations is likely to be given ‘undue emphasis... with consequent distortion of the evidence as a whole’ giving rise to the real possibility of prejudice to the party against whom the evidence is offered (Eason v. United States, 9 Cir., 281 F2d 818, 822). On the other hand, a procrustean rule arbitrarily cutting off all possibility of submitting any evidence after the jury has retired, would be difficult to reconcile with the concept of the trial as a truth-finding process.”
Decided April 9, 1981. Harry N. Gordon, District Attorney, B. Thomas Cook, Assistant District Attorney, for appellant. Jack Affleck, Curtis W. Miller, for appellee.

There are some jurisdictions which take the opposite view. Texas is an example, but there a statute controls. Logan v. State, 46 Tex. Crim. 573 (81 SW 721) (1904).

We are persuaded the better view is to allow the trial judge to exercise a sound discretion in determining whether or not, upon a request by the jury, after commencement of deliberations, the evidence should be reopened and new evidence admitted. We so hold. We further hold that the trial court in this case did not abuse his discretion.

Judgment reversed.

All the Justices concur, except Jordan, C.J., who concurs specially, and Clarke, J., who dissents. Smith, J., disqualified.

Concurrence

Jordan, Chief Justice,

concurring specially.

I fully agree with the result reached in the majority opinion. This conclusion is bolstered by the magnificent words of Justice Lumpkin in Ganahl v. Shore, 24 Ga. 17, at p. 26 (1858): “Tell me not of technical rules of evidence! They have excluded the light of day from the jury box long enough. Not only open wide doors and windows, but unroof the temples of justice, that all the rays of truth may beam brilliantly upon those who are set for the administration of the law.”