Smith v. State, 625 S.E.2d 766 (Ga. 2006). · Go Syfert
Smith v. State, 625 S.E.2d 766 (Ga. 2006). Cases Citing This Book View Copy Cite
59 citation events (59 in the last 25 years) across 2 distinct courts.
Strongest positive: Smith v. State (ga, 2026-04-21)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
cited Cited as authority (rule) Smith v. State
Ga. · 2026 · confidence medium
Smith v. State, 280 Ga. 161, 162 (2006) (cleaned up).
discussed Cited as authority (rule) Allen v. State (2×)
Ga. · 2024 · confidence medium
The portion of Anderson from which the majority quotes addressed the constitutional sufficiency of a defendant’s murder conviction, see 248 Ga. at 683; Smith did not mention voluntary manslaughter at all, see 280 Ga. at 161-163; and Elrod was not even a criminal case.
discussed Cited as authority (rule) MUSE v. THE STATE (Three Cases) (2×)
Ga. · 2023 · confidence medium
Moreover, “[w]hether or not to grant the jury’s request to rehear portions of the evidence is within the discretion of the trial judge.” Smith v. State, 280 Ga. 161, 162 ( 625 SE2d 766 ) (2006) (cleaned up).
discussed Cited as authority (rule) Overstreet v. State (2×)
Ga. · 2021 · confidence medium
However, we have long held that “[i]t is the jury’s role to resolve conflicts in the evidence and determine the credibility of witnesses.” Smith v. State, 280 Ga. 161, 162 (1) (625 SE2d 766) (2006).
examined Cited as authority (rule) Taylor v. State (5×) also: Cited "see"
Ga. · 2021 · confidence medium
Smith v. State, 280 Ga. 161, 162 (1) (625 SE2d 766) (2006) (citations and punctuation omitted).
examined Cited as authority (rule) Jackson v. State (4×)
Ga. · 2021 · confidence medium
“It is the jury’s role to resolve conflicts in the evidence and determine the credibility of witnesses.” Smith v. State, 280 Ga. 161, 162 (1) ( 625 SE2d 766 ) (2006) (citation and punctuation omitted).
discussed Cited as authority (rule) Johnson v. State
Ga. · 2017 · confidence medium
In fact, we have long held that, in Georgia, “a judgment will not be reversed because the trial court declines to aid the jury in recalling the evidence and refuses a request to have certain testimony read back.” Smith, 280 Ga. at 162-163 (2) (citation and punctuation omitted).
discussed Cited as authority (rule) Johnson v. State
Ga. · 2017 · confidence medium
In fact, we have long held that, in Georgia, “a judgment will not be reversed because the trial court declines to aid the jury in recalling the evidence and refuses a request to have certain testimony read back.” Smith, 280 Ga. at 162-163 (2) (citation and punctuation omitted).
discussed Cited as authority (rule) Mathis v. State (2×)
Ga. · 2013 · confidence medium
Smith v. State, 280 Ga. 161, 162 (1) ( 625 SE2d 766 ) (2006).
discussed Cited as authority (rule) Bryan Gorman v. State
Ga. Ct. App. · 2012 · confidence medium
J., and Dillard, J., concur. 24 White v. State, 231 Ga. App. 290, 294 (5) ( 201 SE2d 436 ) (1973) (citations and punctuation omitted). 25 See generally Smith v. State, 280 Ga. 161, 162 (2) ( 625 SE2d 766 ) (2006) (appellant cannot complain on appeal of trial court’s ruling to not allow jurors to rehear certain evidence, where he offered no objection at trial); Moore v. State, 207 Ga. App. 673, 675 (3) ( 428 SE2d 678 ) (1993) (issue not preserved for appellate review where appellant asserted at trial her right to cross-examine a witness about a particular matter, and court stated it would def…
discussed Cited as authority (rule) Davis v. State (2×)
Ga. Ct. App. · 2007 · confidence medium
Smith v. State, 280 Ga. 161,162 (1) ( 625 SE2d 766 ) (2006) (questions as to the reasonableness of hypotheses generally to be decided by the jury).
discussed Cited as authority (rule) Horne v. State
Ga. · 2007 · confidence medium
(Citation and punctuation omitted.) Smith v. State, 280 Ga. 161, 162 (1) ( 625 SE2d 766 ) (2006). *802 In addition to circumstantial evidence, there was direct evidence of Horne’s guilt from an eyewitness in the parked vehicle who positively identified him as the perpetrator based upon her observations when he approached her vehicle.
cited Cited as authority (rule) Walker v. State
Ga. Ct. App. · 2006 · confidence medium
Smith v. State, 280 Ga. 161, 162 (1) ( 625 SE2d 766 ) (2006).
discussed Cited "see" Gorman v. State (2×)
Ga. Ct. App. · 2012 · signal: see · confidence high
See generally Smith v. State, 280 Ga. 161, 162 (2) ( 625 SE2d 766 ) (2006) (appellant cannot complain on appeal of trial court’s ruling to not allow jurors to rehear certain evidence, where he offered no objection at trial); Moore v. State, 207 Ga. App. 673, 675 (3) ( 428 SE2d 678 ) (1993) (issue not preserved for appellate review where appellant asserted at trial her right to cross-examine a witness about a particular matter, and court stated it would defer ruling on the issue, but appellant did not later renew request or voice objection); see also Anthony v. State, 236 Ga. App. 257, 258 (1…
examined Cited "see" McKenzie v. State (3×)
Ga. Ct. App. · 2007 · signal: see · confidence high
See Bogan v. State, 270 Ga. App. 162 ( 605 SE2d 872 ) (2004) (affirming Bogan’s conviction). 3 OCGA § 16-2-20 (a). 4 OCGA § 16-2-20 (b). 5 White v. State, 278 Ga. 499, 500 (1) ( 604 SE2d 159 ) (2004) (citation and punctuation omitted). 6 Heller v. State, 275 Ga. App. 637, 638 (1) ( 621 SE2d 591 ) (2005). 7 See Renner v. State, 260 Ga. 515, 517 (3) (b) (397 SE2d683) (1990) (evidence of defendant’s flight can serve as circumstantial evidence of guilt); Crowder v. State, 271 Ga.App. 177, 180-181 (2) ( 609 SE2d 134 ) (2004) (defendant’s flight upon spotting police, despite officer’s orde…
Retrieving the full opinion text from the archive…
Smith
v.
the State
S06A0154.
Supreme Court of Georgia.
Jan 17, 2006.
625 S.E.2d 766
James E. Goad, for appellant., T. Joseph Campbell, District Attorney, Thurbert E. Baker, Attorney General, Jason C. Fisher, Assistant Attorney General, for appellee.
Carley.
Cited by 15 opinions  |  Published
CARLEY, Justice.

After a jury trial, Robert Smith was found guilty of malice murder, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a crime. The trial court entered judgments of conviction and sentenced Smith to life imprisonment for the murder and two consecutive five-year terms for the weapons counts. A motion for new trial was denied, and he appeals. [1]

1. Construed most strongly in support of the verdicts, the evidence shows that Shannon Scheffler, the victim, lived at a certain motel where, in return for some crack cocaine, she rented an additional room for Martavis Dawson, although they had initially quarreled over the exact terms of their agreement. While the victim was in her room using the cocaine, Smith, who was a drug dealer living in the same motel, came in and began to argue with the victim regarding money which she owed him. Several witnesses saw them arguing in other locations as well and were told by the victim that she was afraid of Smith. She later went with him to the woods behind the motel. He returned to his room, acting angry and upset, and retrieved a gun belonging to him. At some point, several witnesses heard shots fired behind the motel. Smith was subsequently observed at Dorothy Ann White’s house with an item wrapped in a piece of cloth. The victim’s body was later found on a footpath behind the motel. She had been beaten, shot eight times, and killed. Smith’s .22 caliber revolver was found wrapped in cloth in Ms. White’s yard and was scientifically proved to be the murder weapon.

Smith contends that the wholly circumstantial evidence presented by the State did not place him at the actual scene of the homicide or in possession of the murder weapon and, thus, was not sufficient to eliminate every reasonable hypothesis other than his guilt. See OCGA § 24-4-6. However, testimony at trial showed that Dawson was just outside his motel room when the shots were heard and that neither he nor anyone else at the motel or at Ms. White’s house was given Smith’s revolver or seen with any other weapon that night. Several witnesses saw Smith at various times before and after the shooting in possession of a gun which looked like the murder[*162] weapon. Furthermore, Smith frequently stayed at Ms. White’s house and was staying there near the time of the murder.

“It is the jury’s role to resolve conflicts in the evidence and determine the credibility of witnesses.” [Cit.] . . . “(Questions as to the reasonableness of hypotheses are generally to be decided by the jury which heard the evidence and where the jury is authorized to find that the evidence, though circumstantial, was sufficient to exclude every reasonable hypothesis save that of guilt, that finding will not be disturbed unless the verdict of guilty is insupportable as a matter of law. (Cit.)” [Cit.]

Allen v. State, 275 Ga. 64, 66 (1) (561 SE2d 397) (2002). Smith’s alternative theories of who may have committed the murder “were presented to andrejectedby the jury.” O’Donnell v. State, 258 Ga. 782, 783 (1) (374 SE2d 729) (1989). The evidence that Smith had both a motive for the crimes and access to the victim and the murder weapon at the relevant times and places authorized the jury to find that he was the perpetrator of the murder. Robbins v. State, 269 Ga. 500, 501 (1) (499 SE2d 323) (1998); Brown v. State, 260 Ga. 153, 155 (1) (391 SE2d 108) (1990). Accordingly, the evidence was sufficient to exclude every other reasonable hypothesis and to enable a rational trier of fact to find Smith guilty beyond a reasonable doubt of the crimes for which he was convicted. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Robbins v. State, supra; Brown v. State, supra; Murdix v. State, 250 Ga. 272, 275 (1) (297 SE2d 265) (1982).

2. Smith also contends that the trial court abused its discretion by not allowing the jurors, after beginning deliberations and upon their request, to rehear certain testimony. When the trial court proposed that the request be denied and an appropriate response be given to the jury, defense counsel responded affirmatively. After further proposing an adjournment for the day and asking for any objections, Smith’s attorney stated, “That’s fine with me, Your Honor.”

“Whether or not to grant the jury’s request to rehear portions of the evidence is within the discretion of the trial judge. [Cits.]” Morris v. State, 254 Ga. 273, 274 (2) (328 SE2d 547) (1985). However, it is unnecessary to reach the question because Smith’s “trial counsel offered no objection at trial to this ruling of the trial court and therefore will not be heard to complain of it on appeal. [Cit.]” Beasley v. State, 239 Ga. 49, 50 (235 SE2d 520) (1977). See also Holder v. State, 242 Ga. App. 479, 482 (6) (529 SE2d 907) (2000); Magouirk v. State, 158 Ga. App. 517, 520 (3) (281 SE2d 283) (1981); Herron v. State, 155 Ga. App. 791, 795 (7) (272 SE2d 756) (1980). Moreover, we also note that “[i]t has long been the law in Georgia that a judgment will not be[*163] reversed because the trial court declines to aid the jury in recalling the evidence and refuses a request to have certain testimony read back. [Cits.]” Young v. State, 246 Ga. App. 651, 653 (2) (541 SE2d 670) (2000). See also Schley v. State, 191 Ga. App. 412, 413 (2) (382 SE2d 120) (1989).

Decided January 17, 2006. James E. Goad, for appellant. T. Joseph Campbell, District Attorney, Thurbert E. Baker, Attorney General, Jason C. Fisher, Assistant Attorney General, for appellee.

Judgments affirmed.

All the Justices concur.
1

The crimes occurred on the night of August 21, 2003, and the grand jury returned an indictment on February 6, 2004. The jury found Smith guilty on November 19, 2004 and, on December 14,2004, the trial court entered the judgments of conviction and sentences. Amotion for new trial was filed on December 20, 2004, amended on August 30, 2005, and denied on September 7,2005. Smith filed a notice of appeal on September 9,2005. The case was docketed in this Court on September 23, 2005 and submitted for decision on November 14, 2005.