Rose v. State, 573 S.E.2d 465 (Ga. Ct. App. 2002). · Go Syfert
Rose v. State, 573 S.E.2d 465 (Ga. Ct. App. 2002). Cases Citing This Book View Copy Cite
98 citation events (98 in the last 25 years) across 2 distinct courts.
Strongest positive: Joseph Michael Wilson v. State of Alabama (alacrimapp, 2025-08-22)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 44 distinct citers. How cited ↗
discussed Cited as authority (rule) Joseph Michael Wilson v. State of Alabama
Ala. Crim. App. · 2025 · confidence medium
Indeed, this Court has held: " ' "[D]ecisions regarding whether and how to conduct cross-examinations and what evidence to introduce are matters of trial strategy and tactics." Rose v. State, 258 Ga. App. 232, 236 , 573 S.E.2d 465, 469 (2002). " ' "[D]ecisions whether to engage in cross-examination, and if so to what extent and in what manner, are ... strategic in nature." ' " Hunt v. State, 940 So. 2d 1041, 1065 (Ala. Crim.
discussed Cited as authority (rule) Thomas Robert Lane v. State of Alabama (Appeal from Mobile Circuit Court: CC-05-1499.60)
Ala. Crim. App. · 2024 · confidence medium
To the point that Lane challenges his replacement counsel's effectiveness in cross-examining Jay, Lane did not 75 CR-2022-0720 plead facts showing that counsel's performance was deficient. " ' "[D]ecisions regarding whether and how to conduct cross-examinations and what evidence to introduce are matters of trial strategy and tactics." Rose v. State, 258 Ga. App. 232, 236 , 573 S.E.2d 465, 469 (2002). " ' "[D]ecisions whether to engage in cross-examination, and if so to what extent and in what manner, are ... strategic in nature." ' " Hunt v. State, 940 So. 2d 1041, 1065 (Ala. Crim.
discussed Cited as authority (rule) Craig L. Newton v. State of Alabama (Appeal from Macon Circuit Court: CC-01-49.60)
Ala. Crim. App. · 2024 · confidence medium
Furthermore, " '[d]ecisions regarding whether and how to conduct cross- examinations and what evidence to introduce are matters of trial strategy and tactics.' Rose v. State, 258 Ga. App. 232, 236 , 573 S.E.2d 465, 469 (2002). ' " '[D]ecisions whether to engage in cross-examination, and if so to what extent and in what manner, are ... strategic in nature.' " ' Hunt v. State, 940 So. 2d 1041, 1065 (Ala. Crim.
discussed Cited as authority (rule) Joseph Michael Wilson v. State of Alabama (Appeal from Madison Circuit Court: CC-97-164.60)
Ala. Crim. App. · 2024 · confidence medium
Indeed, this Court has held: " ' "[D]ecisions regarding whether and how to conduct cross-examinations and what evidence to introduce are matters of trial strategy and tactics." Rose v. State, 258 Ga. App. 232, 236 , 573 S.E. 2d 465, 469 (2002). " ' "[D]ecisions whether to engage in cross-examination, and if so to what extent and in what manner, are ... strategic in nature." ' " Hunt v. State, 940 So. 2d 1041, 1065 (Ala. Crim.
discussed Cited as authority (rule) Peter Capote v. State of Alabama
Ala. Crim. App. · 2023 · confidence medium
App. 2007) (" '[D]ecisions regarding whether and how to conduct cross-examinations and what evidence to introduce are matters of trial strategy and tactics.' " (quoting Rose v. State, 258 Ga. App. 232, 236 , 573 S.E.2d 465, 469 (2002))).
discussed Cited as authority (rule) Benjamin Young v. State of Alabama
Ala. Crim. App. · 2023 · confidence medium
Young next argues that his trial counsel failed to adequately cross- examine key State witnesses. " '[D]ecisions regarding whether and how to conduct cross- examinations and what evidence to introduce are matters of trial strategy and tactics.' Rose v. State, 258 Ga. App. 232, 236 , 573 S.E.2d 465, 469 (2002). ' " '[D]ecisions whether to engage in cross-examination, and if so to what extent and in what manner, are ... strategic in nature.' " ' Hunt v. State, 940 So. 2d 1041, 1065 (Ala. Crim.
discussed Cited as authority (rule) Brewer v. State
Ga. Ct. App. · 2014 · confidence medium
The motion hearing transcript also shows that Brewer’s appellate counsel admitted that Brewer had “lobbied heavily” to get the trial court to issue a formal order quashing the original indictment and that he “lobbied equally hard for a written nolle pros [order], which was finally entered.” See also McCulley v. State, 275 Ga. 473, 475-476 (1) ( 569 SE2d 507 ) (2002) (The defendant could not prevail on an ineffective assistance claim based upon counsel’s decision to abandon a possible defense when that decision was made after consultation with the defendant, who acquiesced in that d…
discussed Cited as authority (rule) Michael L. Brewer v. State
Ga. Ct. App. · 2014 · confidence medium
It is undisputed that Brewer 4 See also McCulley v. State, 275 Ga. 473, 475-476 (1) ( 569 SE2d 507 ) (2002) (The defendant could not prevail on an ineffective assistance claim based upon counsel’s decision to abandon a possible defense when that decision was made after consultation with the defendant, who acquiesced in that decision.); English v. State, 260 Ga. App. 620, 624 (4) (a) ( 580 SE2d 351 ) (2003) (The defendant could not prevail on an ineffective assistance claim based upon counsel’s failure to request a continuance when the evidence showed that “[p]roceeding to trial as schedu…
discussed Cited as authority (rule) Whited v. State
Ala. Crim. App. · 2014 · confidence medium
The report further indicated that Dr. Stradtman did not see evidence of a tear to M.H.’s hymen and that M.H. tested positive, in her vagina and rectum for the sexually transmitted-disease urea-plasma. • In addressing a claim that trial counsel “was ineffective for failing to effectively cross-examine several state witnesses” we have explained: “ ‘ “[Decisions regarding whether and how to conduct cross-examinations and what evidence to introduce are matters of trial strategy and tactics.” Rose v. State, 258 Ga.App. 232, 236 , 573 S.E.2d 465, 469 (2002). “ ‘ “[Decisions whe…
discussed Cited as authority (rule) Contreras v. State
Ga. Ct. App. · 2012 · confidence medium
See, e.g., Collier v. State, 288 Ga. 756, 758 (3) ( 707 SE2d 102 ) (2011) (bringing out prior convictions on direct examination of defendant, “rather than risk having the information extracted from him on cross-examination,” was a reasonable strategy) (citation and punctuation omitted); Everett v. State, 297 Ga. App. 351, 353 ( 677 SE2d 394 ) (2009) (failure to object to admission of prior conviction was not ineffective where counsel testified, among other things, that “she believed it would be prudent to place the conviction before the jury first”); Rose v. State, 258 Ga. App. 232, 23…
cited Cited as authority (rule) Harris v. State
Ga. Ct. App. · 2011 · confidence medium
Rose v. State, 258 Ga. App. 232, 234-235 (2) ( 573 SE2d 465 ) (2002).
cited Cited as authority (rule) Flournoy v. State
Ga. Ct. App. · 2009 · confidence medium
Rose v. State, 258 Ga. App. 232, 234-235 (2) ( 573 SE2d 465 ) (2002).
discussed Cited as authority (rule) Bush v. State
Ala. Crim. App. · 2009 · confidence medium
Furthermore, “ ‘[Decisions regarding whether and how to conduct cross-examinations and what evidence to introduce are matters of trial strategy and tactics.’ Rose v. State, 258 Ga.App. 232, 236 , 573 S.E.2d 465, 469 (2002). ‘ “ ‘[Decisions whether to engage in cross-examination, and if so to what extent and in what manner, are ... strategic in nature.’ ” ’ Hunt v. State, 940 So.2d 1041, 1065 (Ala.Crim.App.2005), quoting Rosario-Dominguez v. United States, 353 F.Supp.2d 500, 515 (S.D.N.Y.2005), quoting in turn, United States v. Nersesian, 824 F.2d 1294, 1321 (2d Cir.1987). ‘…
discussed Cited as authority (rule) Carroll v. State
Ga. Ct. App. · 2008 · confidence medium
Miller and Ellington, JJ., concur. 1 OCGA § 16-6-22.2 (b). 2 OCGA § 16-6-4 (a). 3 Davis v. State, 275 Ga. App. 714, 715 (1) ( 621 SE2d 818 ) (2005). 4 Strickland v. Washington, 466 U. S. 668, 687 (III) (104 SC 2052, 80 LE2d 674) (1984). 5 Mency v. State, 228 Ga. App. 640, 642 (2) ( 492 SE2d 692 ) (1997). 6 Simpson v. State, 278 Ga. 336, 337 (2) ( 602 SE2d 617 ) (2004). 7 Rose v. State, 258 Ga. App. 232, 234-235 (2) ( 573 SE2d 465 ) (2002). 8 Abernathy v. State, 278 Ga. App. 574, 587 (3) (b) (v) ( 630 SE2d 421 ) (2006). 9 Berry v. State, 262 Ga. App. 375, 377 (2) (c) ( 585 SE2d 679 ) (2003). …
discussed Cited as authority (rule) Heard v. State
Ga. Ct. App. · 2008 · confidence medium
Miller and Ellington, JJ., concur. 1 OCGA § 16-13-30 (b). 2 OCGA § 16-13-30 (a). 3 OCGA § 40-8-76.1 (b). 4 Davis v. State, 275 Ga. App. 714, 715 (1) ( 621 SE2d 818 ) (2005). 5 Dunbar v. State, 228 Ga. App. 104, 110 (3) ( 491 SE2d 166 ) (1997). 6 Murphy v. State, 270 Ga. 72, 75 (2) (d) ( 508 SE2d 399 ) (1998). 7 Caldwell v. State, 247 Ga. App. 191, 200 (3) (e) ( 542 SE2d 564 ) (2000). 8 Wright v. State, 282 Ga. App. 649, 651 (2) ( 639 SE2d 581 ) (2006). 9 Jackson v. State, 256 Ga. App. 829, 831 (4) ( 570 SE2d 40 ) (2002). 10 Lewis v. State, 279 Ga. 69, 74 (6) ( 608 SE2d 602 ) (2005). 11 Cast…
discussed Cited as authority (rule) Holsey v. State
Ga. Ct. App. · 2008 · confidence medium
Miller and Ellington, JJ., concur. 1 OCGA § 16-8-41 (a). 2 OCGA § 16-5-40 (a). 3 OCGA § 16-5-21 (a) (2). 4 Berry v. State, 274 Ga. App. 831 (1) ( 619 SE2d 339 ) (2005). 5 Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) (99 SC 2781, 61 LE2d 560) (1979). 6 Boykin v. State, 264 Ga. App. 836, 839 (1) ( 592 SE2d 426 ) (2003). 7 Bryant v. State, 286 Ga. App. 493, 495 (1) (a) ( 649 SE2d 597 ) (2007). 8 Lattimore v. State, 282 Ga. App. 435, 436 (1) ( 638 SE2d 848 ) (2006). 9 McCoy v. State, 285 Ga. App. 246, 250 (5) ( 645 SE2d 728 ) (2007). 10 Johnson v. State, 283 Ga. App. 524, 528 (5) ( 642 SE2…
discussed Cited as authority (rule) Forde v. State
Ga. Ct. App. · 2008 · confidence medium
Miller and Ellington, JJ., concur. 1 OCGA§ 16-6-22.1 (b), (d). 2 Davis v. State, 275 Ga. App. 714, 715 (1) ( 621 SE2d 818 ) (2005). 3 Strickland v. Washington, 466 U. S. 668, 687 (III) (104 SC 2052, 80 LE2d 674) (1984). 4 Mency v. State, 228 Ga. App. 640, 642 (2) ( 492 SE2d 692 ) (1997). 5 Simpson v. State, 278 Ga. 336, 337 (2) ( 602 SE2d 617 ) (2004). 6 Wright v. State, 276 Ga. 419, 421 (5) ( 577 SE2d 782 ) (2003). 7 Rose v. State, 258 Ga. App. 232, 234-235 (2) ( 573 SE2d 465 ) (2002). 8 Currington v. State, 270 Ga. App. 381, 387 (4) ( 606 SE2d 619 ) (2004). 9 Woodard v. State, 269 Ga. 317, …
discussed Cited as authority (rule) Ellis v. State
Ga. Ct. App. · 2008 · confidence medium
NOTES [1] OCGA § 16-6-4(a). [2] OCGA § 16-6-22.2(b). [3] Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963). [4] OCGA § 17-16-1 et seq. [5] Davis v. State, 275 Ga.App. 714, 715 (1), 621 S.E.2d 818 (2005). [6] Strickland v. Washington, 466 U.S. 668, 687 (III), 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). [7] Mency v. State, 228 Ga.App. 640, 642 (2), 492 S.E.2d 692 (1997). [8] Simpson v. State, 278 Ga. 336, 337 (2), 602 S.E.2d 617 (2004). [9] Rose v. State, 258 Ga.App. 232, 234-235 (2), 573 S.E.2d 465 (2002). [10] Washington v. State, 276 Ga. 655, 659 (3)(a), 581 S.E.2d 518 (20…
discussed Cited as authority (rule) A.G. v. State
Ala. Crim. App. · 2007 · confidence medium
Initially, we note that “[decisions regarding whether and how to conduct cross-examinations and what evidence to introduce are matters of trial strategy and tactics.” Rose v. State, 258 Ga.App. 232, 236 , 573 S.E.2d 465, 469 (2002). “ ‘ “[Decisions whether to engage in cross-examination, and if so to what extent and in what manner, are ... strategic in nature.” ’ ” Hunt v. State, 940 So.2d 1041, 1065 (Ala.Crim.App.2005), quoting Rosario-Dominguez v. United States, 353 F.Supp.2d 500, 515 (S.D.N.Y.2005), quoting in turn, United States v. Nersesian, 824 F.2d 1294, 1321 (2d Cir.198…
discussed Cited as authority (rule) AG v. State
Ala. Crim. App. · 2007 · confidence medium
Initially, we note that "[d]ecisions regarding whether and how to conduct cross-examinations and what evidence to introduce are matters of trial strategy and tactics." Rose v. State, 258 Ga.App. 232, 236 , 573 S.E.2d 465, 469 (2002). "`"[D]ecisions whether to engage in cross-examination, and if so to what extent and in what manner, are ... strategic in nature."'" Hunt v. State, 940 So.2d 1041, 1065 (Ala.Crim.App.2005), quoting Rosario-Dominguez v. United States, 353 F.Supp.2d 500, 515 (S.D.N.Y.2005), quoting in turn, United States v. Nersesian, 824 F.2d 1294, 1321 (2d Cir.1987).
discussed Cited as authority (rule) Kurtz v. State
Ga. Ct. App. · 2007 · confidence medium
Currie, District Attorney, Cecelia Harris, Assistant District Attorney, for appellee. 1 OCGA§ 16-6-4 (a). 2 OCGA§ 16-6-5.1 (c)(1). 3 OCGA§ 16-6-4 (c). 4 OCGA§ 16-6-3 (a). 5 OCGA§ 16-5-70 (b). 6 Davis v. State, 275 Ga. App. 714, 715 (1) ( 621 SE2d 818 ) (2005). 7 Strickland v. Washington, 466 U. S. 668, 687 (104 SC 2052, 80 LE2d 674) (1984). 8 Mency v. State, 228 Ga. App. 640, 642 (2) ( 492 SE2d 692 ) (1997). 9 Simpson v. State, 278 Ga. 336, 337 (2) ( 602 SE2d 617 ) (2004). 10 Rose v. State, 258 Ga. App. 232, 234-235 (2) ( 573 SE2d 465 ) (2002). 11 Williams v. State, 187 Ga. App. 355, 356 …
discussed Cited as authority (rule) Gonzales v. State
Ga. Ct. App. · 2007 · confidence medium
Ruffin and Bernes, JJ., concur in the judgment only. 1 OCGA § 16-5-21 (a) (2). 2 OCGA § 16-7-1 (a). 3 Berry v. State, 274 Ga. App. 831 (1) ( 619 SE2d 339 ) (2005). 4 Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) (99 SC 2781, 61 LE2d 560) (1979). 5 Reyes v. State, 250 Ga. App. 769, 770 ( 552 SE2d 918 ) (2001). 6 Scott v. State, 242 Ga. App. 553, 554 (1) ( 530 SE2d 257 ) (2000). 7 Head v. State, 254 Ga. App. 550, 552 (4) ( 562 SE2d 815 ) (2002). 8 Eaves v. Harris, 258 Ga. 1, 3 (2) (a) ( 364 SE2d 854 ) (1988). 9 Fouts v. State, 240 Ga. 39, 45 (5) ( 239 SE2d 366 ) (1977). 10 Kidwell v. State…
cited Cited as authority (rule) Brooks v. State
Ga. Ct. App. · 2007 · confidence medium
Rose v. State, 258 Ga. App. 232, 234-235 (2) ( 573 SE2d 465 ) (2002). (a) Brooks first maintains that trial counsel did not adequately investigate his case.
discussed Cited as authority (rule) Phillips v. State
Ga. Ct. App. · 2007 · confidence medium
Ruffin and Bernes, JJ., concur. 1 OCGA§ 16-6-4 (a). 2 OCGA § 16-6-22.2 (b). 3 Davis v. State, 275 Ga. App. 714, 715 (1) ( 621 SE2d 818 ) (2005). 4 Reynolds v. State, 257 Ga. 725, 726 (2) ( 363 SE2d 249 ) (1988). 5 Gregg v. State, 201 Ga. App. 238, 239 (3) (a) ( 411 SE2d 65 ) (1991). 6 Xulu v. State, 256 Ga. App. 272, 275 (4) ( 568 SE2d 74 ) (2002). 7 Newton v. State, 281 Ga. App. 549, 552 (2) ( 636 SE2d 728 ) (2006). 8 Conley v. State, 257 Ga. App. 563, 565 (2) ( 571 SE2d 554 ) (2002). 9 Branesky v. State, 262 Ga. App. 33, 36 (3) (a) ( 584 SE2d 669 ) (2003). 10 Rayburn v. State, 194 Ga. App.…
discussed Cited as authority (rule) Fraser v. State
Ga. Ct. App. · 2007 · confidence medium
Norman, Assistant District Attorneys, for appellee. 1 OCGA§ 16-13-31 (a) (1). 2 Hash v. State, 248 Ga. App. 456, 457 (1) ( 546 SE2d 833 ) (2001). 3 Wesson v. State, 279 Ga. App. 428, 429 (1) ( 631 SE2d 451 ) (2006). 4 Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) (99 SC 2781, 61 LE2d 560) (1979). 5 Blue v. State, 275 Ga. App. 671, 674 (2) ( 621 SE2d 616 ) (2005). 6 Epps v. State, 251 Ga. App. 645, 646 ( 555 SE2d 25 ) (2001). 7 Hubbard v. State, 274 Ga. App. 184, 185 (1) ( 617 SE2d 167 ) (2005). 8 Copeland, v. State, 272 Ga. 816, 817 (2) ( 537 SE2d 78 ) (2000). 9 Van Huynh v. State, 258 Ga…
discussed Cited as authority (rule) Meeker v. State
Ga. Ct. App. · 2006 · confidence medium
Clough, Assistant District Attorney, for appellee. 1 OCGA§ 16-10-24 (b). 2 OCGA§ 16-10-24 (a). 3 OCGA§ 16-7-24 (a). 4 Short v. State, 234 Ga. App. 633, 634 (1) ( 507 SE2d 514 ) (1998). 5 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 6 Panzner v. State, 273 Ga. App. 868, 869-870 ( 616 SE2d 201 ) (2005). 7 Wilson v. State, 270 Ga. App. 555, 556-557 ( 607 SE2d 197 ) (2004). 8 Weldon v. State, 262 Ga. App. 854 (1) ( 586 SE2d 741 ) (2003). 9 Whitner v. State, 276 Ga. 742, 744 (3) ( 584 SE2d 247 ) (2003). 10 Paul v. State, 272 Ga. 845, 848-849 (3) ( 537 SE2d 58 ) (2000). 11…
discussed Cited as authority (rule) Anderson v. State
Ga. Ct. App. · 2006 · confidence medium
NOTES [1] OCGA § 16-6-4(c). [2] OCGA § 16-6-2(a). [3] OCGA § 16-6-3. [4] OCGA § 16-5-40. [5] OCGA § 16-6-5. [6] Berry v. State, 274 Ga.App. 831 (1), 619 S.E.2d 339 (2005). [7] Jackson v. Virginia, 443 U.S. 307, 319 (III)(B), 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979). [8] "Sodomy" is defined as a "sexual act involving the sex organs of one person and the mouth or anus of another." OCGA § 16-6-2(a). [9] OCGA §§ 16-4-1; 16-6-2(a). [10] OCGA § 16-6-3(a). [11] Iles v. State, 278 Ga.App. 895, 896 (1), 630 S.E.2d 148 (2006). [12] Mann v. State, 263 Ga.App. 131, 132 (1), 587 S.E.2d 288 (2003). [1…
discussed Cited as authority (rule) Hayes v. State
Ga. Ct. App. · 2006 · confidence medium
Mikell and Adams, JJ., concur. 1 OCGA § 16-8-41. 2 OCGA § 16-11-106. 3 OCGA § 16-10-24. 4 Davis v. State, 275 Ga. App. 714, 715 (1) ( 621 SE2d 818 ) (2005). 5 Strickland v. Washington, 466 U. S. 668, 687 (104 SC 2052, 80 LE2d 674) (1984). 6 Davenport v. State, 278 Ga. App. 16 , 19 (2) ( 628 SE2d 120 ) (2006). 7 Frazier v. State, 278 Ga. App. 685 , 690 (3) ( 629 SE2d 568 ) (2006). 8 Rose v. State, 258 Ga. App. 232, 234-235 (2) ( 573 SE2d 465 ) (2002). 9 Council of Superior Court Judges of Georgia, Suggested Pattern Jury Instructions, Vol. II, § 1.31.90, p. 17 (3d ed. 2003). 10 Steed v. Stat…
discussed Cited as authority (rule) Mikell v. State
Ga. Ct. App. · 2006 · confidence medium
Mikell and Adams, JJ., concur. 1 OCGA § 16-6-5. 2 OCGA § 16-6-4. 3 Berry v. State, 274 Ga. App. 831 (1) ( 619 SE2d 339 ) (2005). 4 Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) (99 SC 2781, 61 LE2d 560) (1979). 5 Carolina v. State, 276 Ga. App. 298, 301 (1) (a) ( 623 SE2d 151 ) (2005). 6 Keith v. State, 279 Ga. App. 819, 821 (2) ( 632 SE2d 669 ) (2006). 7 Duncan v. State, 269 Ga. App. 4, 6 (1) ( 602 SE2d 908 ) (2004). 8 Hicks v. State, 254 Ga. App. 814, 816 (2) ( 563 SE2d 897 ) (2002). 9 Lewis v. State, 275 Ga. App. 41, 42 (2) (a) ( 619 SE2d 699 ) (2005). 10 Cook v. State, 276 Ga. App. 8…
cited Cited as authority (rule) Johnson v. State
Ga. Ct. App. · 2006 · confidence medium
Rose v. State, 258 Ga. App. 232, 234-235 (2) ( 573 SE2d 465 ) (2002).
discussed Cited as authority (rule) Frazier v. State
Ga. Ct. App. · 2006 · confidence medium
NOTES [1] OCGA § 16-6-4(a). [2] Davis v. State, 275 Ga.App. 714, 715 (1), 621 S.E.2d 818 (2005). [3] Branesky v. State, 262 Ga.App. 33, 36 (3)(a), 584 S.E.2d 669 (2003). [4] Odom v. State, 243 Ga.App. 227, 228 (1), 531 S.E.2d 207 (2000). [5] Mayo v. State, 261 Ga.App. 314, 318 (5), 582 S.E.2d 482 (2003). [6] In the Interest of M.F., 276 Ga.App. 402 , 404(2), 623 S.E.2d 234 (2005). [7] Horne v. State, 262 Ga.App. 604, 606 (1), 586 S.E.2d 13 (2003). [8] Gregg v. State, 201 Ga.App. 238, 239 (3)(a), 411 S.E.2d 65 (1991). [9] Campos v. State, 263 Ga.App. 119, 121 , 587 S.E.2d 264 (2003). [10] Smit…
discussed Cited as authority (rule) Davenport v. State
Ga. Ct. App. · 2006 · confidence medium
Rose v. State, 258 Ga. App. 232, 234-235 (2) ( 573 SE2d 465 ) (2002). (a) Davenport argues that his trial counsel should have objected when Nurse Leinweber testified during her direct examination that the findings of her physical examination of T.
discussed Cited as authority (rule) Davenport v. State
Ga. Ct. App. · 2006 · confidence medium
Rose v. State, 258 Ga.App. 232, 234-235 (2), 573 S.E.2d 465 (2002). (a) Davenport argues that his trial counsel should have objected when Nurse Leinweber testified during her direct examination that the findings of her physical examination of T.C. were "absolutely consistent with this victim's story." Davenport contends that Nurse Leinweber's opinion testimony constituted improper bolstering of T.C.'s credibility.
cited Cited as authority (rule) Hines v. State
Ga. Ct. App. · 2006 · confidence medium
(Footnotes omitted.) Rose v. State, 258 Ga. App. 232, 234-235 (2) ( 573 SE2d 465 ) (2002).
discussed Cited as authority (rule) Alvarado v. State
Ga. Ct. App. · 2005 · confidence medium
Miller and Bernes, JJ., concur. 1 OCGA § 16-13-31 (e). 2 OCGA§ 16-11-106. 3 Green v. State, 240 Ga. App. 377 (1) ( 523 SE2d 581 ) (1999). 4 United States v. Young, 909 F2d 442, 446 (11th Cir. 1990). 5 Whitaker v. State, 256 Ga. App. 436, 439 (2) ( 568 SE2d 594 ) (2002). 6 Marshall v. State, 253 Ga. App. 645 ( 560 SE2d 118 ) (2002). 7 Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). 8 Rose v. State, 258 Ga. App. 232, 235 (2) (a) ( 573 SE2d 465 ) (2002). 9 Arnold v. State, 253 Ga. App. 387, 389 (1) ( 559 SE2d 131 ) (2002). 10 Gordon v. State, 252 Ga. App. 133, 135 (2)…
discussed Cited as authority (rule) Serrate v. State (2×)
Ga. Ct. App. · 2004 · confidence medium
Eldridge and Adams, JJ., concur. 1 See McKay v. State, 264 Ga. App. 726 ( 592 SE2d 135 ) (2003). 2 His argument seems to be predicated upon his trial counsel’s alleged ineffectiveness, which we address in Division 2. 3 See Smith v. State, 263 Ga. App. 76, 78-79 (1) (a) ( 587 SE2d 226 ) (2003); Carter v. State, 261 Ga. App. 204, 205-206 (1) ( 583 SE2d 126 ) (2003); Martinez v. State, 259 Ga. App. 402 -403 ( 577 SE2d 82 ) (2003). 4 See Wright v. State, 265 Ga. App. 188, 190 (3) ( 593 SE2d 391 ) (2004). 5 Lloyd v. State, 259 Ga. App. 636, 638 (1) ( 577 SE2d 854 ) (2003). 6 See Uniform Superior …
cited Cited as authority (rule) Daniels v. State
Ga. Ct. App. · 2003 · confidence medium
Rose v. State, 258 Ga. App. 232, 233 (1) ( 573 SE2d 465 ) (2002).
discussed Cited "see, e.g." Sheila Gunter v. State (2×)
Ga. Ct. App. · 2012 · signal: see also · confidence medium
See also Rose v. State, 258 Ga. App. 232, 235 (2) (a) ( 573 SE2d 465 ) (2002) (not ineffective assistance where defendant decided to introduce prior drug conviction).
discussed Cited "see, e.g." Gunter v. State (2×)
Ga. Ct. App. · 2012 · signal: see also · confidence medium
See also Rose v. State, 258 Ga. App. 232, 235 (2) (a) ( 573 SE2d 465 ) (2002) (not ineffective assistance where defendant decided to introduce prior drug conviction).
discussed Cited "see, e.g." Buis v. State (2×)
Ga. Ct. App. · 2011 · signal: see also · confidence medium
Smith, P. J., and Mikell, J., concur. 1 See, e.g., Goolsby v. State, 299 Ga. App. 330, 330-31 ( 682 SE2d 671 ) (2009); see also Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) (99 SC 2781, 61 LE2d 560) (1979). 2 Once there, a closer inspection of the maintenance truck showed that the lock on its passenger door had been popped open. 3 OCGA § 16-8-2. 4 OCGA § 16-8-18. 5 OCGA § 40-6-395 (b) (5) (A) (iii). 6 Chapman v. State, 273 Ga. 348, 349-50 (2) ( 541 SE2d 634 ) (2001); see Strickland v. Washington, 466 U. S. 668, 687 (III) (104 SC 2052, 80 LE2d 674) (1984). 7 E.g., Chapman, 273 Ga. at 35…
discussed Cited "see, e.g." Smith v. State (2×)
Ga. Ct. App. · 2011 · signal: see also · confidence medium
See also Rose v. State, 258 Ga. App. 232, 234-235 (2) ( 573 SE2d 465 ) (2002). (a) Smith argues that his trial counsel was ineffective in failing to adequately investigate the case or meet with him prior to trial.
discussed Cited "see, e.g." Hall v. State (2×)
Ga. Ct. App. · 2008 · signal: see also · confidence medium
Cf. Blevins v. State, 270 Ga. App. 388, 395 (5) ( 606 SE2d 624 ) (2004); Scott v. State, 248 Ga. App. 542, 546 (2) ( 545 SE2d 709 ) (2001). 22 Thompson v. State, 265 Ga. App. 696, 698 (2) ( 595 SE2d 377 ) (2004). 23 State v. Jones, 253 Ga. App. 630, 632 ( 560 SE2d 112 ) (2002). 24 Stone v. State, 218 Ga. App. 350, 351 (1) ( 461 SE2d 548 ) (1995). 25 Bharadia v. State, 282 Ga. App. 556, 559 (5) ( 639 SE2d 545 ) (2006). 26 See OCGA § 16-6-1 (b); see also Coker v. Georgia, 433 U. S. 584, 598-599 (IV) (97 SC 2861, 53 LE2d 982) (1977). 27 Strickland v. Washington, 466 U. S. 668, 687 (III) (104 SC …
discussed Cited "see, e.g." Wilson v. State (2×)
Ga. Ct. App. · 2008 · signal: see also · confidence medium
See also Rose v. State, 258 Ga. App. 232, 234-235 (2) (a) ( 573 SE2d 465 ) (2002) (counsel’s decision to “beat the State to the punch” by telling jury about defendant’s prior drug conviction was a reasonable strategic decision); Crawford v. State, 252 Ga. App. 722, 725 (3) ( 556 SE2d 888 ) (2001) (counsel’s fear that talkative defendant would “open the door” for prosecution provided reasonable strategic decision to put defendant’s past crimes into evidence on direct examination).
discussed Cited "see, e.g." Foster v. State (2×)
Ga. Ct. App. · 2007 · signal: see also · confidence medium
See also Scieszka v. State, 259 Ga. App. 486, 488 (2) ( 578 SE2d 149 ) (2003). 10 Butler v. State, 273 Ga. 380, 384 (10) ( 541 SE2d 653 ) (2001). 11 (Citation and punctuation omitted.) Green v. State, 240 Ga. App. 650, 652-653 (3) ( 523 SE2d 632 ) (1999). 12 (Citation and punctuation omitted.) Carey, supra at 818 (2). 13 (Footnote omitted.) Rose v. State, 258 Ga. App. 232, 236 (2) (b) ( 573 SE2d 465 ) (2002). 14 Evans v. State, 233 Ga. App. 879, 880 (2) ( 506 SE2d 169 ) (1998). 15 199 Ga. App. 10 ( 403 SE2d 877 ) (1991). 16 Supra. 17 Id. at 11-12 (2). 18 Supra. 19 (Citations and punctuation om…
Retrieving the full opinion text from the archive…
Rose
v.
the State
A02A2254.
Court of Appeals of Georgia.
Oct 31, 2002.
573 S.E.2d 465
Elaine T. McGruder, for appellant., Robert E. Keller, District Attorney, Erman J. Tanjuatco, Assistant District Attorney, for appellee.
Johnson, Blackburn, Miller.
Cited by 48 opinions  |  Published
Johnson, Presiding Judge.

A jury found Richard Rose guilty of taillight violation, theft by receiving stolen property, affixing a license plate with the intention to conceal or misrepresent the identity of a vehicle or its owner, and violation of the Georgia Controlled Substances Act. Rose contends the evidence was insufficient to support the verdict, he received ineffective assistance of counsel at trial, the trial court erred in not giving a jury instruction on similar transactions, and the trial court erred in not giving a proper Allen [1] charge. Because each of these enumerations lacks merit, we affirm Rose’s convictions.

1. Viewed in a light most favorable to support the jury’s verdict, the evidence shows that April Williams loaned her truck to Stacey Tatum, an acquaintance of Rose. Tatum never brought the truck back to Williams. Williams identified state’s Exhibit 1 as the tag on the truck she loaned to Tatum. According to Williams, she never gave Rose permission to possess this tag.

[*233] A police officer testified that he observed a Ford Mustang traveling without taillights. When he stopped the Mustang and checked the tag, he discovered the tag and vehicle had been reported stolen. Rose was driving the car, and his co-defendant was in the passenger seat. Both were taken out of the car and handcuffed. Rose told the officer that the car belonged to him and that the tag came off his trúck.

As the officer searched for paperwork inside the car, he noticed several bags. One of the bags was located one foot from the driver’s seat and behind the passenger’s seat. The officer observed a syringe sticking out of the bag’s pocket, and a plastic bag with a white powdery substance stuffed in a sunglass case in the pocket. The bag contained methamphetamine, a set of scales, and several syringes.

Rose testified at trial. He informed the jury that in 1988 he was convicted of possession of cocaine, spent three years in jail, and stayed away from drugs because of that experience. Rose further testified that he knew he “had a bad tag” on the Mustang but he put it on the car to “keep the city off . . . a[n] abandoned] vehicle.” Rose further claimed he purchased the truck from Williams.-He stated that he did not put the bags in the car and did not put any drugs in the bags.

In determining sufficiency of the evidence in a criminal case, the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. [2] An appellate court does not weigh the evidence or judge the credibility of the witnesses, but only determines whether the evidence to convict is sufficient; so long as there is some competent evidence, even though contradicted, to support each element of the state’s case, the jury’s verdict will be upheld. [3]

In the present case, the jury was authorized to find that Rose was driving a vehicle with a broken taillight, that Rose committed theft by receiving stolen property because he knew the tag was stolen and did not intend to restore the tag to Williams, and that Rose affixed the license plate to his car with the intent to conceal or misrepresent the identity of his car. [4] While Rose argues that he purchased the truck from Williams and that he had a bill of sale, Rose never produced the bill of sale, and Williams testified that she loaned her truck to Tatum and that she did not give Rose permission to possess the tag. The evidence provided ample support for the jury’s ver-[*234] diet that Rose was guilty of theft by receiving stolen property. [5] In addition, despite Rose’s arguments to the contrary, the evidence provided ample support that Rose knew the tag did not belong on the Mustang and that he was guilty of affixing a license plate with the intent to conceal or misrepresent the identity of the vehicle or its owner. [6]

The evidence was also sufficient to support the jury’s verdict that Rose was guilty beyond a reasonable doubt of a violation of the Georgia Controlled Substances Act. Based on the fact that the officer could see the plastic bag with the syringe where the methamphetamine was found, the jury was authorized to conclude that Rose knew about the drugs. [7] Moreover, Rose admitted that in his prior drug conviction, syringes, and drugs were found in a bag inside a car he was driving. The jury was authorized to discount Rose’s testimony that he stopped using drugs after his prior conviction.

The two cases cited by Rose are inapposite. [8] In Haxho, contraband was found in the defendant’s companion’s inside coat pocket and billfold. Here, the contraband was in a bag with men’s clothing, one foot away from Rose. Likewise, in Shirley, the defendant was a passenger in a car with three others, and the contraband was found in a gym bag belonging to one co-defendant located in front of a seat occupied by another co-defendant. Here, there is more than mere spatial proximity between Rose and the contraband; paraphernalia for contraband, including a syringe and plastic bag, were in plain view. If all occupants of a vehicle had equal access to contraband, they may be found in joint constructive possession. [9] The evidence was sufficient to support the jury’s verdict.

2. Rose contends he received ineffective assistance of counsel because his trial counsel (a) brought Rose’s previous drug conviction to the jury’s attention and then failed to request a similar transaction jury charge, (b) withdrew his request for a jury instruction on equal access, and (c) failed to present the signed bill of sale for Williams’ truck.

To prevail on a claim of ineffective assistance of counsel, a defendant must show two things: (1) that counsel’s performance was deficient, and (2) that the deficiency prejudiced the defense. [10] The trial judge, who oversaw the trial and heard the evidence presented at the hearing on the motion for new trial, makes the findings on[*235] whether the performance was deficient and whether it prejudiced the defendant, findings that this Court does not disturb unless clearly erroneous. [11] In evaluating an attorney’s performance, there is a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance. [12]

(a) As for trial counsel’s decision to bring Rose’s prior drug conviction to the jury’s attention, Rose’s trial counsel testified that it was his and Rose’s strategy to put Rose’s character at issue to “beat the State to the punch.” In addition, Rose’s trial counsel testified that he believed the jurors appreciate caiidor and forthrightness, so he and Rose decided to tell the jurors about the prior conviction. After the trial court ruled that the state could not introduce the prior drug conviction, Rose’s trial counsel asked Rose if Rose was sure he still wanted to introduce the prior conviction with his testimony, and Rose immediately, unequivocally, stated “yes.” Rose wanted to “stick with our game plan.” Rose wanted the jury to know that the prior conviction changed his life and that he would no longer be around drugs or anybody with drugs.

The trial court did not err in refusing to find that Rose’s trial counsel provided ineffective assistance of counsel on this ground. First, the record shows that it was Rose’s decision to testify and introduce the prior drug conviction. “A defendant will not be allowed to induce an asserted error, sit silently hoping for acquittal, and obtain a new trial when that tactic fails. Induced error is impermissible and furnishes no ground for reversal.” [13] Secondly, even if it was not Rose’s decision to introduce his prior conviction, it was a strategic and tactical decision made by Rose’s trial counsel. Such decisions provide no valid basis for an ineffective assistance claim. [14] Finally, while Rose enumerates as error trial counsel’s failure to request a similar transaction charge, Rose does not support this portion of his enumeration of error with any argument or citation of authority. Therefore, this argument is deemed abandoned. [15]

(b) Rose next contends he received ineffective assistance of counsel because his trial counsel withdrew his request for a jury instruction on equal access. However, Rose’s trial counsel explained that he withdrew the equal access charge because the judge indicated she would give the equal access charge only if she gave the presumption of ownership charge. Since Rose was the individual who owned the[*236] car, and since he did not want the jurors to presume any ownership of the contraband or the clothing bag, Rose’s trial attorney decided to forgo the equal access charge rather than allow the jury to presume ownership of the things inside the car. It is well established that trial counsel’s decisions on matters of tactics and trial strategy, even if unwise, do not amount to ineffective assistance of counsel. [16] The trial court’s conclusion that Rose received effective assistance of counsel in this regard is not clearly erroneous.

(c) Regarding his failure to introduce the bill of sale during the trial, Rose’s trial counsel testified that the bill of sale did not have Rose’s name on it. When Rose’s trial attorney told him that he was not going to cross-examine Williams with the bill of sale because it did not have Rose’s name on it and would do no good, Rose took the bill of sale away from his attorney and signed his name to it. Rose’s attorney further testified that he did not cross-examine Williams about the bill of sale because she was a hostile witness, possibly blaming Rose for stealing her truck. Rose’s trial counsel testified that it was his policy not to cross-examine a witness if he could not gain anything on cross-examination. According to trial counsel, he could not refate what Williams was saying, and he saw nothing to be gained from cross-examining her.

Decisions regarding whether and how to conduct cross-examinations and what evidence to introduce are matters of trial strategy and tactics and are within the exclusive province of counsel after consultation with the client. [17] Here, trial counsel explained why he chose not to cross-examine Williams. His decision was a perfectly acceptable trial strategy and provides no evidence that counsel’s performance was deficient. [18]

3. Rose contends the trial court erred in not sua sponte giving a jury instruction on similar transaction evidence. However, the record shows that such a charge was not warranted. The state did not present similar transaction evidence either in its main case or during rebuttal. In fact, the trial court specifically granted Rose’s motion to exclude evidence of his prior drug conviction. Rather, it was Rose who strategically chose to present such evidence. According to Rose’s trial counsel, Rose intentionally chose to present this evidence to the jury because Rose believed the jury would appreciate his forthrightness and because Rose wanted to argue to the jury that because of his past conviction, he would never again associate with drugs. Because the evidence was not presented by the state as similar transaction[*237] evidence, the trial court was not required to give a jury instruction regarding similar transactions.

4. Rose next contends the trial court erred in not giving an Allen charge. We disagree. It is within the trial court’s discretion whether and when to give the Allen charge, and we find no abuse of that discretion in the present case. [19]

The record shows that the jury began deliberations at 10:45 a.m. At their request, the trial judge recharged the jury on possession and conspiracy at 12:10 p.m. Following the recharge, the jury took their lunch break, with instructions to report back to the jury room at 1:30 p.m. At their request, the trial judge recharged the jury on reasonable doubt at 2:45 p.m. The jury returned to the jury room and continued their deliberations at 3:05 p.m. At 3:40 p.m., the trial judge called the jury back to the courtroom because she had received a note saying the jury had reached a verdict. However, when the trial judge reviewed the verdict form, she discovered that the jury had not reached a verdict on one of the counts. After receiving word that the jury was split 9-3 on the last count, the trial judge sent them a note to keep deliberating. Rose agreed with the trial judge’s , decision not to give an Allen charge at this point. The jury began deliberating again at 4:06 p.m. At 5:02 p.m.; the jury sent another note to the trial judge asking two questions regarding the drug offense. The trial judge brought the jury back to the courtroom, answered their questions, and then dismissed them for the evening.

The next day, the jury begán deliberations at 9:00 a.m. At 11:07 a.m. the trial judge received a note from the jury asking, “how long does a jury have to be deadlocked to be declared deadlocked.” The trial judge sent a note asking how the jury was split and received a note from the jury saying they were split 11-1. At this point, the trial judge sent another note to the jury informing them that because of the movement since yesterday, they needed to continue deliberating in good faith. Rose agreed with the trial judge’s decision not to give an Allen charge at this point. The jury resumed their deliberations at 11:15 a.m. and had a lunch recess from 12:00 p.m. until 1:30 p.m. Subsequently, they reached a verdict at 2:55 p.m. The jury was polled, and each juror agreed with the verdict.

First, Rose never requested the Allen charge, and there was no abuse of discretion in the trial court’s failure to give an unrequested Allen charge in this case. [20] Moreover, considering the fact that the jury heard a one-day drug case with three witnesses, involving two defendants, and four counts ranging from theft by receiving stolen[*238] property to a violation of the Georgia Controlled Substances Act, and considering the length of time the jury deliberated and the progress made by the jury, we find no abuse in the trial court’s decision not to give an Allen charge. [21]

Decided October 31, 2002. Elaine T. McGruder, for appellant. Robert E. Keller, District Attorney, Erman J. Tanjuatco, Assistant District Attorney, for appellee.

Judgment affirmed.

Blackburn, C. J., and Miller, J., concur.
1

Allen v. United States, 164 U. S. 492 (17 SC 154, 41 LE 528) (1896).

2

Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

3

Graham v. State, 236 Ga. App. 673, 675 (1) (512 SE2d 921) (1999).

4

Id. at 675 (2) (a).

5

OCGA § 16-8-7 (a); Ruffin v. State, 252 Ga. App. 289, 292 (3) (556 SE2d 191) (2001).

6

OCGA § 40-2-7; Rogers v. State, 185 Ga. App. 211, 213 (2) (363 SE2d 846) (1987).

7

See Petty v. State, 221 Ga. App. 125, 126-127 (470 SE2d 517) (1996).

8

Haxho v. State, 186 Ga. App. 393 (367 SE2d 282) (1988); Shirley v. State, 166 Ga. App. 456 (304 SE2d 468) (1983).

9

See Johnson v. State, 248 Ga. App. 454, 455 (1) (546 SE2d 562) (2001).

10

Fults v. State, 274 Ga. 82, 83-84 (2) (548 SE2d 315) (2001).

11

Kilpatrick v. State, 252 Ga. App. 900, 902 (1) (557 SE2d 460) (2001).

12

Rucker v. State, 271 Ga. 426, 427 (520 SE2d 693) (1999).

13

(Citation and punctuation omitted.) Brison v. State, 248 Ga. App. 168, 169 (3) (545 SE2d 345) (2001).

14

See Mobley v. State, 271 Ga. 577, 578 (523 SE2d 9) (1999); Cunningham v. State, 244 Ga. App. 231, 234 (3) (535 SE2d 262) (2000).

15

Court of Appeals Rule 27 (c) (2).

16

Davis v. State, 245 Ga. App. 402, 408 (3) (538 SE2d 67) (2000).

17

See Mack v. State, 242 Ga. App. 256, 258 (2) (c) (529 SE2d 393) (2000); Ray v. State, 253 Ga. App. 626, 627 (2) (560 SE2d 54) (2002).

18

Mack, supra.

19

Honeycutt v. State, 245 Ga. App. 819, 821 (4) (538 SE2d 870) (2000).

20

Ponder v. State, 268 Ga. 544, 546 (3) (491 SE2d 363) (1997).

21

See Romine v. State, 256 Ga. 521, 526 (1) (c) (350 SE2d 446) (1986); Thornton v. State, 145 Ga. App. 793 (245 SE2d 22) (1978).