Jewell v. State, 413 S.E.2d 201 (Ga. 1992). · Go Syfert
Jewell v. State, 413 S.E.2d 201 (Ga. 1992). Cases Citing This Book View Copy Cite
“random selection safeguards the selection process from manipulation and ensures the jury's independence.”
38 citation events (10 in the last 25 years) across 2 distinct courts.
Strongest positive: Wells v. State (gactapp, 2000-04-17)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
discussed Cited as authority (quoted) Wells v. State (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2000 · quote attribution · 1 verbatim quote · confidence low
random selection safeguards the selection process from manipulation and ensures the jury's independence.
discussed Cited as authority (rule) Kent v. State
Ga. Ct. App. · 2000 · confidence medium
SE2d 241) (1999) (defendant needed to present evidence showing that young adults had been consistently underrepresented). 3 While the percentage of blacks age 18 and over in the county was 45.26 percent, the percentage of blacks age 18 or over on the list was 45.52 percent. 4 Jewell v. State, 261 Ga. 861, 862-863 (3) ( 413 SE2d 201 ) (1992); see Pryor v. State, 231 Ga. App. 136, 137 (1) ( 497 SE2d 805 ) (1998). 5 Sanders v. State, 236 Ga. App. 578 ( 512 SE2d 678 ) (1999). 6 Sweet v. State, 237 Ga. App. 613, 614 (1) ( 516 SE2d 317 ) (1999). 7 Gough v. State, 236 Ga. App. 568, 570 (2) ( 512 SE2d…
discussed Cited as authority (rule) McElroy v. State
Ga. Ct. App. · 2000 · confidence medium
J., and Mikell, J., concur. 1 McElroy did not request a jury instruction on simple assault as a lesser included offense of aggravated assault, and lie does not claim on appeal that the court should have responded to the jury’s question by instructing on simple assault as a lesser included offense. 2 (Punctuation omitted.) Cloyd v. State, 237 Ga. App. 608, 610 (3) ( 516 SE2d 103 ) (1999). 3 Herrin v. State, 229 Ga. App. 260, 262 (2) ( 493 SE2d 634 ) (1997). 4 Id. 5 See Kimmel v. State, 261 Ga. 332, 334-335 (3) ( 404 SE2d 436 ) (1991). 6 See Herrin, supra. 7 See Wilkes v. State, 210 Ga. App. 8…
discussed Cited as authority (rule) Reese v. State
Ga. Ct. App. · 1999 · confidence medium
McMurray, P. J., and Phipps, J., concur. 1 Elrod v. State, 238 Ga. App. 80, 81-82 (1) ( 517 SE2d 805 ) (1999). 2 See generally Kinney v. State, 234 Ga. App. 733, 734-735 (1) ( 506 SE2d 441 ) (1998). 3 See Havron v. State, 234 Ga. App. 413, 414 (1) ( 506 SE2d 421 ) (1998). 4 See Hansley v. State, 267 Ga. 48, 49 (2) ( 472 SE2d 305 ) (1996); Jewell v. State, 261 Ga. 861, 862-863 (3) ( 413 SE2d 201 ) (1992); Lane v. State, 239 Ga. App. 230, 231 (2) (b) ( 520 SE2d 705 ) (1999); compare Barrow v. State, 239 Ga. 162, 166 (2) (a), (b) ( 236 SE2d 257 ) (1977). 5 See Chisholm v. State, 231 Ga. App. 835,…
discussed Cited as authority (rule) Chisholm v. State (2×)
Ga. Ct. App. · 1998 · confidence medium
See Hansley v. State, 267 Ga. 48, 49 (2) ( 472 SE2d 305 ) (1996); Jewell v. State, 261 Ga. 861, 863 (3) ( 413 SE2d 201 ) (1992); Adefenwa v. State, 221 Ga. App. 429, 433-434 (3) (b) ( 471 SE2d 900 ) (1996); Truitt v. State, 212 Ga. App. 286, 287 ( 441 SE2d 800 ) (1994). 4.
cited Cited as authority (rule) Hansley v. State
Ga. · 1996 · confidence medium
Jewell v. State, 261 Ga. 861, 862 (3) ( 413 SE2d 201 ) (1992). 3.
cited Cited as authority (rule) Williams v. State
Ga. Ct. App. · 1994 · confidence medium
We find this issue to be controlled adversely to Williams by the decision of the Supreme Court in Jewell v. State, 261 Ga. 861, 862-863 (3) ( 413 SE2d 201 ) (1992).
discussed Cited "see" Jackson v. State (2×)
Ga. · 2018 · signal: see · confidence high
See Jewell v. State, 261 Ga. 861, 862 (2) ( 413 SE2d 201 ) (1992) (no abuse of discretion in denying extraordinary motion for new trial where trial court found testimony of new witness to be “absolutely incredible,” as findings about witness’s lack of credibility showed the testimony was not so material that it would probably produce a different verdict).3 The trial court did not abuse its discretion in rejecting McGlotha’s testimony as the basis for a new trial.
discussed Cited "see" Jackson v. State (2×)
Ga. · 2018 · signal: see · confidence high
See Jewell v. State , 261 Ga. 861 , 862 (2), 413 S.E.2d 201 (1992) (no abuse of discretion in denying extraordinary motion for new trial where trial court found testimony of new witness to be "absolutely incredible," as findings about witness's lack of credibility showed the testimony was not so material that it would probably produce a different verdict). 3 The trial court did not abuse its discretion in rejecting McGlotha's testimony as the basis for a new trial.
discussed Cited "see" Dunagan v. State (2×)
Ga. Ct. App. · 2007 · signal: see · confidence high
See Jewell v. State, 261 Ga. 861, 862 (2) ( 413 SE2d 201 ) (1992); Hester v. State, 219 Ga. App. 256 (1) ( 465 SE2d 288 ) (1995).
discussed Cited "see" Martin v. State (2×)
Ga. Ct. App. · 2006 · signal: see · confidence high
See Jewell v. State, 261 Ga. 861, 862-863 (3) ( 413 SE2d 201 ) (1992); Williams v. State, 213 Ga. App. 458, 459 (1) ( 444 SE2d 831 ) (1994).
discussed Cited "see" Pruitt v. State (2×)
Ga. · 2005 · signal: see · confidence high
See Jewell v. State, 261 Ga. 861, 863 (3) ( 413 SE2d 201 ) (1992). *143 4.
discussed Cited "see" Huff v. State (2×)
Ga. Ct. App. · 1999 · signal: see · confidence high
See Jewell v. State, 261 Ga. 861, 863 (3) ( 413 SE2d 201 ) (1992). 5.
discussed Cited "see" Carl v. State (2×)
Ga. Ct. App. · 1998 · signal: see · confidence high
See Jewell v. State, 261 Ga. 861, 862 (2) ( 413 SE2d 201 ) (1992). 2.
discussed Cited "see" Bryant v. State (2×)
Ga. · 1997 · signal: see · confidence high
See generally Jewell v. State, 261 Ga. 861 ( 413 SE2d 201 ) (1992); Cook v. State, 255 Ga. 565 (11) ( 340 SE2d 843 ) (1986). 6.
discussed Cited "see" Davis v. State (2×)
Ga. Ct. App. · 1996 · signal: see · confidence high
See Jewell v. State, 261 Ga. 861, 862 (2) ( 413 SE2d 201 ) (1992).
Retrieving the full opinion text from the archive…
Jewell
v.
the State
S91A1618.
Supreme Court of Georgia.
Feb 13, 1992.
413 S.E.2d 201
R. Stephen Roberts, for appellant., Robert E. Wilson, District Attorney, Barbara B. Conroy, J. Thomas Morgan III, Assistant District Attorneys, Michael J. Bowers, Attorney General, Peggy R. Katz, Staff Attorney, for appellee.
Clarke, Weltner, Bell, Hunt, Benham, Fletcher.
Cited by 18 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 87%
Citer courts: Court of Appeals of Georgia (1)
Clarke, Chief Justice.

Gene Autry Jewell was convicted of malice murder in the shooting death of Brian Keith Allen. * The shooting took place in a housing project in the early hours of the morning. Several people probably witnessed the event. The state produced only one eyewitness, Willie Tarver. Tarver was a convicted felon who lied to the police about his name and address when he was first questioned about the shooting. However, his account of the shooting remained consistent. The state produced two other witnesses who corroborated some of the circumstances and parts of Tarver’s story. According to the state, the shooting occurred after the appellant and the victim bumped into each other and began to fight. Although witnesses had seen Jewell with a gun that could have inflicted the type of injury incurred, no gun or bullet was found.

1. Jewell first challenges the sufficiency of the evidence. He argues that the unreliable and impeached testimony of Willie Tarver is[*862] insufficient as a matter of law to support a verdict of guilty. We note that the facts regarding Tarver’s felony conviction and his attempt to conceal his identity from the police were fully explored during cross-examination. Further, no part of Tarver’s statement relating to the murder was impeached. Rather, the testimony of two other prosecution witnesses and the testimony of defense witness Marvin Jackson substantially corroborated Tarver’s testimony. We conclude that the jury was entitled to believe the eyewitness, Tarver, and that there was sufficient corroborating evidence to support the conviction. Therefore, the evidence produced at trial, when viewed in a light most favorable to the verdict, would authorize a rational trier of fact to find the defendant guilty of murder beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2. Next, Jewell challenges the denial of his extraordinary motion for new trial based on newly discovered evidence. The newly discovered evidence was the testimony of a cellmate of Tarver’s. The cellmate testified that Tarver told him that he did not see the shooting.

In denying the motion for new trial, the trial judge wrote that he found the testimony of the cellmate to be “absolutely incredible.” The cellmate was a convicted felon and a personal friend of Jewell’s. He also had a romantic relationship with Jewell’s niece. The cellmate also lost his temper on the witness stand. The trial court concluded that the cellmate’s conduct and demeanor destroyed his credibility and rendered his testimony “so untrustworthy as to be unbelievable” and of “no value.” Given these findings by the court, the testimony is not “ ‘so material that it would probably produce a different verdict.’ ” Timberlake v. State, 246 Ga. 488, 494 (271 SE2d 792) (1980). The trial judge acted within his discretion in denying the motion.

3. Jewell next argues that he was denied his constitutional rights to a fair trial and equal protection of the law because the jury panel was not representative of the community. The panel of 48 jurors from which his venire was selected contained only 13 percent black, while the county population was 27 percent black.

Jewell does not allege that blacks were systematically excluded from the panel. Nor does he contend that the jury pool was unrepresentative. Rather, he contends that the random method of choosing the panel from the larger pool produced an unrepresentative panel in this instance. [2] In Meders v. State, 260 Ga. 49 (389 SE2d 320) (1990),[*863] we examined a jury selection process which used a computer to produce racially balanced jury panels. We concluded that nothing in the law prevented the use of such a system. We noted, however, that the most logical and desirable way to impanel an impartial and representative jury is to select randomly from a complete list of eligible jurors. Id. at 54. Random selection safeguards the selection process from manipulation and ensures the jury’s independence. Id. Appellant has not demonstrated any flaw in the selection process that was used in his case. He has not carried his burden of showing purposeful discrimination.

Decided February 13, 1992. R. Stephen Roberts, for appellant. Robert E. Wilson, District Attorney, Barbara B. Conroy, J. Thomas Morgan III, Assistant District Attorneys, Michael J. Bowers, Attorney General, Peggy R. Katz, Staff Attorney, for appellee.

4. Finally, Jewell argues that the trial court erred in failing to grant defendant a new trial based on statements in the prosecutor’s closing argument. We have reviewed the supplemented record and conclude that the prosecutor’s argument was not an example of prejudicial misconduct that would entitle the defendant to a new trial. See Hammond v. State, 260 Ga. 591 (398 SE2d 168) (1990).

Judgment affirmed.

Clarke, C. J., Weltner, P. J., Bell, Hunt, Benham and Fletcher, JJ., concur.
*

The crime occurred September 25, 1990. Appellant was indicted on December 7, 1990. He was convicted of murder on March 14, 1991 and sentenced to life imprisonment. Appellant filed a motion to correct and supplement the record and motion for new trial on May 23, 1991. Appellant filed an extraordinary motion for new trial on June 19, 1991. The trial court denied the motions for new trial on July 3, 1991. Notice of appeal was filed on July 26, 1991. The case was docketed in this court on September 3, 1991. The case was submitted for decision on October 18, 1991.

2

The Court Clerk testified that there were 250 potential jurors available to serve on the morning of Jewell’s trial. The group of potential jurors contained the identical percentage of blacks as the percentage of blacks residing in the county. The potential jurors were assigned randomly to panels. Since 27 percent of the jurors in the group were black, the first 48 jurors could have been all black, or all white, or any combination thereof.