Pickard v. State, 572 S.E.2d 660 (Ga. Ct. App. 2002). · Go Syfert
Pickard v. State, 572 S.E.2d 660 (Ga. Ct. App. 2002). Cases Citing This Book View Copy Cite
25 citation events (25 in the last 25 years) across 3 distinct courts.
Strongest positive: Cedric Bernard Pickard v. Paul Thompson (ca11, 2006-03-02)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Cedric Bernard Pickard v. Paul Thompson (2×) also: Cited as authority (quoted)
11th Cir. · 2006 · quote attribution · 2 verbatim quotes · confidence high
the only information pickard's counsel failed to relay was that, due to recidivist sentencing, pickard would not be eligible for parole.
cited Cited as authority (rule) PICKARD v. IRVIN
M.D. Ga. · 2023 · confidence medium
Pickard v. State, 572 S.E.2d 660, 661 (Ga. App. 2002).
discussed Cited as authority (rule) Antonio Vazquez, Jr v. State (2×)
Ga. Ct. App. · 2021 · confidence medium
However, it is just as settled that “where a defendant objects and moves for mistrial and the trial court denies the motion but takes some corrective action, if the defendant is dissatisfied with that action, he must renew the objection or motion.” (Citation and punctuation omitted.) Id.; see also Redding v. State, 354 Ga. 9 App. 525, 536 (4) ( 841 SE2d 192 ) (2020); Pickard v. State, 257 Ga. App. 642, 644 (2) ( 572 SE2d 660 ) (2002).7 In this case, despite his initial motion for a mistrial, Vazquez’s counsel participated in drafting the curative instruction which the trial court ultimat…
cited Cited as authority (rule) Temple v. State
Ga. Ct. App. · 2013 · confidence medium
See Brown, supra at 898-899 (4); Pickard v. State, 257 Ga. App. 642, 644 (3) ( 572 SE2d 660 ) (2002).
discussed Cited as authority (rule) Horace Temple v. State
Ga. Ct. App. · 2013 · confidence medium
The 3 See Brown, supra at 898-899 (4); Pickard v. State, 257 Ga. App. 642, 644 (3) ( 572 SE2d 660 ) (2002). 4 Supra. 5 record suggested that Temple was not interested in accepting the state’s plea offer, and elected to go to trial.5 Therefore, contrary to his contention, Temple did not receive ineffective assistance of counsel regarding the plea offer, and the trial court did not err in denying his motion for new trial on that basis. 2.
discussed Cited as authority (rule) Polite v. State
Ga. Ct. App. · 2005 · confidence medium
Smith v. State, 269 Ga. App. 133, 133-134 (1) ( 603 SE2d 445 ) (2004). 1 OCGA § 16-8-41. 2 OCGA§ 16-11-106. 3 OCGA§ 16-8-40. 4 OCGA§ 16-7-23. 5 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 7 In the Interest of A. F., 236 Ga. App. 60 (1) ( 510 SE2d 910 ) (1999). 8 Van Voltenburg v. State, 138 Ga. App. 628, 629 (1) ( 227 SE2d 451 ) (1976). 9 Bruton v. United States, 391 U. S. 123 (88 SC 1620, 20 LE2d 476) (1968). 10 Williams v. State, 261 Ga. App. 793, 794 (2) ( 584 SE2d 64 ) (2003). 11 Pickard v. State, 257 Ga. App. 642, 643 (2) ( 572 SE2d 660 ) (2002). 12 Slaughter …
discussed Cited as authority (rule) Carson v. State (2×)
Ga. Ct. App. · 2003 · confidence medium
Id. at 72 (3). 239 Ga. App. 329 ( 521 SE2d 375 ) (1999). 257 Ga. App. 642, 644 (3) ( 572 SE2d 660 ) (2002); see Mann v. State, 240 Ga. App. 809, 810 (1) (b) ( 524 SE2d 763 ) (1999); Gary v. State, 244 Ga. App. 577 ( 536 SE2d 220 ) (2000); King v. State, 246 Ga. App. 100, 102 (3) ( 539 SE2d 614 ) (2000); see also Abernathy v. State, 252 Ga. App. 635, 638 (5) (e) ( 556 SE2d 859 ) (2001).
discussed Cited "see" Cedric B. Pickard v. State (2×)
Ga. Ct. App. · 2013 · signal: see · confidence high
See Pickard v. State, 257 Ga. App. 642 ( 572 SE2d 660 ) (2002).
examined Cited "see" Smith v. State (3×) also: Cited "see, e.g."
Ga. Ct. App. · 2008 · signal: see · confidence high
See siso Pickard v. State, 257 Ga. App. 642, 644 (3) ( 572 SE2d 660 ) (2002).
Retrieving the full opinion text from the archive…
Pickard
v.
the State
A02A2020.
Court of Appeals of Georgia.
Sep 27, 2002.
572 S.E.2d 660
2002 Ga. App. LEXIS 1244
English & Kemp, Arthur H. English TV, for appellant., William T. McBroom III, District Attorney, Gail M. Travillian, Assistant District Attorney, for appellee.
Blackburn, Johnson, Miller.
Cited by 12 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 74%
Citer courts: Eleventh Circuit (1)
Blackburn, Chief Judge.

Following a jury trial, Cedric B. Pickard appeals his convictions for kidnapping and two counts of aggravated child molestation, [1] contending that: (1) the evidence was insufficient to support the verdict; (2) the trial court erred by allowing certain testimony that the victim was a virgin prior to the incident, in contravention of the Rape Shield Statute; and (3) his trial counsel provided ineffective assistance by failing to inform him that, if convicted, he would be sentenced to life without parole as a recidivist. For the reasons set forth below, we affirm.

1. Pickard contends that the evidence was insufficient to support the verdict. We disagree.

On appeal from a criminal conviction, the evidence must be viewed in the light most favorable to the verdict, and the defendant no longer enjoys the presumption of innocence; moreover, an appellate court does not weigh the evidence or determine witness credibility but only determines whether the evidence is sufficient under the standard of Jackson v. Virginia. [2] Conflicts in the testimony of the witnesses, including the State’s witnesses, [are] a matter of credibility for the jury to resolve. As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State’s case, the jury’s verdict will be upheld. The testimony of a single witness is generally sufficient to establish a fact.

Phagan v. State. 3

[*643] Viewed in this light, the relevant evidence of record shows that, on the morning of June 30, 1999, Pickard woke his girlfriend’s daughter and told her that they were going to take her mother some breakfast at work. After purchasing some food, Pickard showed his girlfriend’s daughter a gun and told her that he was going to kill himself. He then drove the victim to a secluded area in the woods where he allegedly raped the victim twice and forced her to perform fellatio on him three separate times. Pickard allegedly raped the victim once in the back of his truck and once on the ground in the woods. Briars scraped the victim’s arms while she was walking in and out of the woods.

After reporting the incident, the victim was taken to a hospital for examination. This examination showed that there was both blood and a semen-like mucus in the victim’s vagina. In addition, there was tearing of the posterior wall of the victim’s vagina. The examining doctor also noted that the victim’s clothing and underwear were covered with dirt, and her arms were scratched and bruised, consistent with her story that briars scraped against her arms as she was led into the woods.

This evidence was sufficient to support the verdict against Pick-ard. For the same reason, the trial court did not err by denying Pick-ard’s motion for a directed verdict. Jackson, supra.

2. Pickard contends that the trial court erred by allowing certain testimony that the victim was a virgin prior to the incident, in contravention of the rape shield statute. Pickard, however, has waived his right to argue this issue on appeal.

During trial, the word “virgin” was used to describe the victim two times. First, the prosecutor referred to the victim as a virgin prior to the rape during his opening argument. Pickard, however, made no objection to the prosecutor’s statement, and, as such, he waived his right to raise this point on appeal. Pye v. State 4 (failure to object at trial precludes a finding of reversible error on appeal).

Second, the victim referred to herself as a virgin during redirect examination after the prosecutor asked if she had ever had sex with anyone prior to the alleged rape. Pickard objected on the ground that this testimony was outside the scope of redirect and prejudicial. Interpreting the objection expansively, the trial court treated the objection as one based on Georgia’s Rape Shield Statute. After an extended colloquy with the attorneys, Pickard made a motion for a mistrial, which the trial court denied.

The trial court then explained to the attorneys that it intended to give a curative instruction to the jurors admonishing them not to[*644] consider any of the testimony in which the victim was referred to as a virgin. Pickard participated in the formulation of this instruction and neither made objection to the instruction after it was given nor renewed his motion for a mistrial. Accordingly, Pickard waived his right to argue this issue before this Court. Williams v. State. 5

Decided September 27, 2002. English & Kemp, Arthur H. English TV, for appellant.

3. Pickard contends that he received ineffective assistance because his trial counsel failed to inform him, prior to his decision to reject a plea offer, that he would be sentenced to life without parole as a recidivist if convicted by a jury. The record, however, makes it clear that Pickard’s counsel advised him against rejecting the plea agreement and informed him that he could be given a life sentence if convicted. The only information Pickard’s counsel failed to relay was that, due to recidivist sentencing, Pickard would not be eligible for parole.

“An attorney’s failure to inform a defendant regarding his ineligibility for parole does not constitute ineffective assistance of counsel.” King v. State. 6

[E] ligibility or ineligibility for parole is not a consequence of a plea of guilty, but rather is a matter of legislative grace or a consequence of the withholding of legislative grace. Williams v. Duffy. 7 Thus, the requirement . . . that [Pickard] serve the maximum time provided in the sentence of the judge for this conviction [ ] would have only a collateral effect on [Pickard’s] sentence. . . . [Id.] There is no constitutional requirement that a defendant be advised of such collateral consequences for his decision to reject or accept a plea bargain to be valid.

Mann v. State. 8

Therefore, contrary to his contention, Pickard did not receive ineffective assistance of counsel.

Judgment affirmed.

Johnson, P. J., and Miller, J., concur. [*645] William T. McBroom III, District Attorney, Gail M. Travillian, Assistant District Attorney, for appellee.
3

Phagan v. State, 243 Ga. App. 568, 569-570 (2) (533 SE2d 757) (2000).

8

Mann v. State, 240 Ga. App. 809, 810 (1) (b) (524 SE2d 763) (1999).

1

Pickard was acquitted on one count of rape, one count of enticing a child for indecent purposes, and one count of kidnapping.

2

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

4

Pye v. State, 269 Ga. 779, 787 (14) (505 SE2d 4) (1998).

5

Williams v. State, 253 Ga. App. 453, 456 (3) (559 SE2d 512) (2002).

6

King v. State, 246 Ga. App. 100, 102 (3) (539 SE2d 614) (2000).

7

Williams v. Duffy, 270 Ga. 580, 581 (1) (513 SE2d 212) (1999).