Kesterson v. Jarrett, 731 S.E.2d 129 (Ga. Ct. App. 2012). · Go Syfert
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Kesterson v. Jarrett, 731 S.E.2d 129 (Ga. Ct. App. 2012). Cases Citing This Book View Copy Cite
9 citation events (9 in the last 25 years) across 1 distinct court.
Strongest positive: Harrell v. State (gactapp, 2013-05-03)
Top citers, strongest first. 5 distinct citers. How cited ↗
cited Cited as authority (rule) Harrell v. State
Ga. Ct. App. · 2013 · confidence medium
Finley v. State, 286 Ga. 47, 51-52 (9) ( 685 SE2d 258 ) (2009); Bush v. State, 317 Ga. App. 439, 441-442 (2) ( 731 SE2d 121 ) (2012).
discussed Cited as authority (rule) Walter Maxon Simon v. State (2×)
Ga. Ct. App. · 2013 · confidence medium
Mere presence at the scene is not sufficient to convict one of being a party to a crime, but criminal intent may be inferred from conduct before, during, and after the commission of a crime.8 It was for the jury to determine the credibility of the witnesses, to resolve any conflicts or inconsistencies in the evidence,9 to decide the reasonableness of Simon’s hypothesis,10 and to determine whether he aided and abetted his co-defendants in committing the crimes.11 7 Buruca v. State, 278 Ga. App. 650, 652-653 (1) ( 629 SE2d 650 ) (2006) (footnote omitted). 8 Id. at 652 (1). 9 Mickens v. State, …
cited Cited as authority (rule) Perkins v. State
Ga. Ct. App. · 2013 · confidence medium
Bush v. State, 317 Ga. App. 439, 441 (2) ( 731 SE2d 121 ) (2012).
discussed Cited as authority (rule) Adrian Perkins v. State
Ga. Ct. App. · 2013 · confidence medium
Thus, Perkins’s argument that his conviction should be reversed because the trial court violated OCGA § 17-8-57 is without merit.4 3 Bush v. State, 317 Ga. App. 439, 441 (2) ( 731 SE2d 121 ) (2012). 4 See Linson, 287 Ga. at 883 (2); Wright, 294 Ga. App. at 21 (3) (trial court’s admonition to defense counsel to control his clients, who “think this is a comedy,” did not violate OCGA § 17-8-57 because it “was not directed toward a material issue nor was it an intimation on [the defendant’s] guilt or innocence.”). 5 2.
cited Cited "see" Bradley v. the State
Ga. Ct. App. · 2017 · signal: see · confidence high
See Bush v. State, 317 Ga. App. 439, 442 (2) ( 731 SE2d 121 ) (2012).
Retrieving the full opinion text from the archive…
KESTERSON
v.
JARRETT
A10A1452.
Court of Appeals of Georgia.
Aug 16, 2012.
731 S.E.2d 129
2012 Ga. App. LEXIS 727
Parks, Chesin & Walbert, David F. Walbert, Charles A. Mathis, Jr., for appellants., Forrester & Brim, Weymon H. Forrester, Carlock, Copeland & Stair, Thomas S. Carlock, Eric J. Frisch, Begnaud & Marshall, Andrew H. Marshall, for appellees.
Ellington.
Published
Ellington, Chief Judge.

The Supreme Court of Georgia reversed our decision in Division 1 of Kesterson v. Jarrett, 307 Ga. App. 244 (704 SE2d 878) (2010), holding that Kyla Kesterson was improperly excluded from the courtroom during almost all of her trial, and that such constituted reversible error demanding a new trial. Kesterson v. Jarrett, 291 Ga. 380 (728 SE2d 557) (2012). Accordingly, our ruling as to that Division is vacated, and the judgment of the Supreme Court is made the judgment of this Court.

Judgment reversed and case remanded.

Doyle, P. J., and Andrews, J., concur.