Page v. State, 292 S.E.2d 850 (Ga. 1982). · Go Syfert
Page v. State, 292 S.E.2d 850 (Ga. 1982). Cases Citing This Book View Copy Cite
55 citation events (22 in the last 25 years) across 2 distinct courts.
Strongest positive: Holmes v. State (ga, 2017-05-15)
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982 2004 2026
Top citers, strongest first. 18 distinct citers.
cited Cited as authority (rule) Holmes v. State
Ga. · 2017 · confidence medium
See Moore v. State, 272 Ga. 359, 360 (3) ( 528 SE2d 793 ) (2000); Page v. State, 249 Ga. 648, 651 (3) ( 292 SE2d 850 ) (1982). 4.
cited Cited as authority (rule) Holmes v. State
Ga. · 2017 · confidence medium
See Moore v. State, 272 Ga. 359, 360 (3) ( 528 SE2d 793 ) (2000); Page v. State, 249 Ga. 648, 651 (3) ( 292 SE2d 850 ) (1982). 4.
discussed Cited as authority (rule) Whatley v. Terry
Ga. · 2008 · confidence medium
Holsey, 281 Ga. at 814, n. 2 . 29 Although the habeas court’s findings of fact are sufficient for us to render judgment in Whatley’s case, we take this occasion to urge the habeas courts to make detailed findings of fact and credibility and rulings on admissibility where affidavits are submitted as evidence and where such affidavits are relied upon by expert witnesses in forming their opinions. 30 Schofield v. Meders, 280 Ga. 865, 867, n. 2 ( 632 SE2d 369 ) (2006). 31 Compare Turpin v. Christenson, 269 Ga. 226, 234-242 (12) (B) ( 497 SE2d 216 ) (1998) (finding ineffective assistance where …
discussed Cited as authority (rule) Taylor v. State
Ga. · 2007 · confidence medium
The appeal was subsequently submitted for decision on briefs. 2 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 OCGA§ 16-5-2 (a). 4 See Culmer v. State, 282 Ga. 330 ( 647 SE2d 30 ) (2007); Hunter v. State, 281 Ga. 693, 695 ( 642 SE2d 688 ) (2007). 5 Page v. State, 249 Ga. 648, 651 ( 292 SE2d 850 ) (1982); State v. Roberts, 247 Ga. 456, 456-458 ( 277 SE2d 644 ) (1981). 6 Paul S. Milich, Georgia Rules of Evidence § 13.4, p. 228 (2d ed. 2002). 7 Shepherd v. State, 280 Ga. 245, 248-249 ( 626 SE2d 96 ) (2006). 8 Id. 9 Id. at 249 .
discussed Cited as authority (rule) Pierce v. State
Ga. Ct. App. · 2005 · confidence medium
Miller and Bernes, JJ., concur. *673 Donald N. Wilson, District Attorney, Carmen T Bolden, Lee Ann de Grazia, Assistant District Attorneys, for appellee. 1 Short v. State, 234 Ga. App. 633, 634 (1) ( 507 SE2d 514 ) (1998). 2 Tate v. State, 264 Ga. 53, 54 (1) ( 440 SE2d 646 ) (1994). 3 Galvan v. State, 270 Ga. App. 282, 284 ( 605 SE2d 919 ) (2004). 4 Rogers v. State, 155 Ga. App. 685, 686 (2) ( 272 SE2d 549 ) (1980). 5 Hamilton v. State, 185 Ga. App. 749 (2) ( 365 SE2d 542 ) (1988). 6 Duffee v. State, 184 Ga. App. 247,248 (2) ( 361 SE2d 239 ) (1987) (physical precedent only). 7 Painter v. State…
discussed Cited as authority (rule) Franks v. State
Ga. · 2004 · confidence medium
In denying the motion for new trial, the trial court did not address this conflict and made no factual findings. 35 Compare Turpin v. Lipham, 270 Ga. 208, 219 ( 510 SE2d 32 ) (1998) (“average juror is not able, without expert assistance, to understand the effect [of defendant’s] troubled youth, emotional instability and mental problems might have had on his culpability for the murder.”). 36 Compare Brooks v. State, 259 Ga. 562, 565 ( 385 SE2d 81 ) (1989) (indigent defendant’s request for funds for expert assistance may be made ex parte); Bright v. State, 265 Ga. 265, 276-277 ( 455 SE2d…
cited Cited as authority (rule) Bramblett v. State
Ga. Ct. App. · 2003 · confidence medium
Page v. State, 249 Ga. 648, 651 (2) (c) ( 292 SE2d 850 ) (1982).
discussed Cited as authority (rule) Cook v. State
Ga. · 2001 · confidence medium
The appeal was submitted for decision without oral arguments on July 10, 2000. 2 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 See Gambrel v. State, 260 Ga. 197, 200 ( 391 SE2d 406 ) (1990); Isaacs v. State, 259 Ga. 717, 733 ( 386 SE2d 316 ) (1989); Saunders v. Padovani, 258 Ga. 866, 868 ( 375 SE2d 853 ) (1989); Page v. State, 249 Ga. 648, 650 ( 292 SE2d 850 ) (1982). 4 See Kyler v. State, 270 Ga. 81, 84, n. 13 ( 508 SE2d 152 ) (1998); Walthour v. State, 269 Ga. 396, 397-398 ( 497 SE2d 799 ) (1998); Moore v. State, 217 Ga. App. 207, 210 ( 456 SE2d 708 ) (1995); United …
discussed Cited as authority (rule) Eackles v. State
Ga. · 1999 · confidence medium
J., concurring specially). 11 Murphy v. State, 270 Ga. 72, 73 ( 508 SE2d 399 ) (1998). 12 Earnest v. State, 262 Ga. 494, 496 ( 422 SE2d 188 ) (1992). 13 Renner, supra. 14 Ivester v. State, 252 Ga. 333, 335 ( 313 SE2d 674 ) (1984). 15 Waldrip v. State, 266 Ga. 874, 879-880 ( 471 SE2d 857 ) (1996). 16 See Page v. State, 249 Ga. 648, 650 ( 292 SE2d 850 ) (1982). 17 See Lee v. State, 259 Ga. 230, 232 ( 378 SE2d 855 ) (1989). 18 Brown v. State, 258 Ga. 152, 154 ( 366 SE2d 668 ) (1988). 19 Bryant v. State, 268 Ga. 33, 34 ( 485 SE2d 763 ) (1997). 20 See Earnest, 262 Ga. at 495 .
cited Cited as authority (rule) Jackson v. State
Ga. Ct. App. · 1998 · confidence medium
Page v. State, 249 Ga. 648, 651 (2) (c) ( 292 SE2d 850 ) (1982).
cited Cited as authority (rule) Carruth v. State
Ga. · 1996 · confidence medium
Page v. State, 249 Ga. 648, 651 (2) (c) ( 292 SE2d 850 ) (1982).
discussed Cited as authority (rule) Chancellor v. State
Ga. Ct. App. · 1983 · confidence medium
Appellant takes issue with that ruling. “ ‘The trial judge is clothed with very broad discretion in the matter of allowing additional evidence at any stage of trial, and that discretion will not be controlled except where there appears to have been an abuse of discretion.’ [Cits.]” Page v. State, 249 Ga. 648, 651 ( 292 SE2d 850 ).
discussed Cited "see" Eagle v. State (2×)
Ga. · 1994 · signal: see · confidence high
See Page v. State, 249 Ga. 648 ( 292 SE2d 850 ) (1982) (court possesses broad discretion to reopen the evidence at any stage of trial); Pierce v. State, 238 Ga. 126 ( 231 SE2d 744 ) (1977) (in order to make a fair determination of voluntariness, the court must consider the totality of the circumstances).
cited Cited "see" Royal v. State
Ga. Ct. App. · 1989 · signal: see · confidence high
See Page v. State, 249 Ga. App. 648, 650 (2) ( 292 SE2d 850 ) (1982) and cases cited therein.
discussed Cited "see" Brooks v. State (2×)
Ga. · 1988 · signal: see · confidence high
See Page v. State, 249 Ga. 648 (2a) ( 292 SE2d 850 ) (1982) and cits. 2.
discussed Cited "see" Williams v. State (2×)
Ga. · 1985 · signal: see · confidence high
See Page v. State, 249 Ga. 648, 651 ( 292 SE2d 850 ) (1982).
discussed Cited "see, e.g." Lowe v. State (2×)
Ga. Ct. App. · 2011 · signal: see also · confidence medium
See also Page v. State, 249 Ga. 648, 650 (2) (b) ( 292 SE2d 850 ) (1982).
discussed Cited "see, e.g." Bloomfield v. Bloomfield (2×)
Ga. · 2007 · signal: see, e.g. · confidence low
See, e.g., Page v. State, 249 Ga. 648 ( 292 SE2d 850 ) (1982) (trial court possesses broad discretion to reopen evidence at any stage of trial). 2.
Page
v.
the State
38421.
Supreme Court of Georgia.
Jul 8, 1982.
292 S.E.2d 850
John N. Crudup, for appellant., Jeff C. Wayne, District Attorney, Patrick E. McMahon, Assistant District Attorney, Michael J. Bowers, Attorney General, Janice G. Hildenbrand, Staff Assistant Attorney General, for appellee.
Smith.
Cited by 27 opinions  |  Published
Smith, Justice.

William Anthony Page was tried and convicted of murder and sentenced to life imprisonment. In this appeal he raises six[*649] enumerations of error. We affirm.

On the night of August 10, 1981, appellant and a companion, Gregory A. Goins, were hitchhiking along Interstate 85 in southern North Carolina. The two were picked up by Mark Robert DesNoyers as DesNoyers drove from his family’s home in North Carolina to his Fort Lauderdale residence. The three young men proceeded through South Carolina without incident, stopping only to buy beer, gas, and some fireworks. According to Goins, the travelers “smoked a couple of joints” and took some red and black pills furnished by DesNoyers.

After crossing the Georgia state line, the party left the interstate in search of more drugs. This detour proved to be fruitless, however, and an argument ensued between DesNoyers, the driver of the car, and appellant, who was seated on the passenger’s side. Goins, who had been sleeping in the back seat, awoke in time to observe DesNoyers and appellant engaged in a heated exchange concerning the group’s unsuccessful side trip. The two traded blows, then DesNoyers, a hairdresser, reached for a pair of scissors he kept hidden in the front seat. Appellant drew his pocketknife and stabbed DesNoyers in the left chest, killing him.

Appellant took the wheel of DesNoyers’ Pinto, drove for several miles, then dumped the body. In his statement to police, appellant said that he threw the victim into a river; Goins testified at trial that the body was dumped by the roadside. Page and Goins, still in possession of DesNoyers’ car, headed north and drove to West Virginia.

DesNoyers’ badly decomposed body was discovered floating in the Chattahoochee River some six weeks later. Two fishermen spotted the victim’s body lodged among some dead trees in the river. The body was still clothed in the blue jeans and green shirt worn by DesNoyers on the date of his disappearance. An autopsy revealed that the cause of death was a stab wound to the chest.

1. Based on this record, a jury was clearly authorized to find appellant guilty beyond a reasonable doubt of murder. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2. Appellant’s first, fourth, fifth, and sixth enumerations cite as error the admission into evidence of an inculpatory statement made to Georgia police officers at the time of appellant’s arrest in Charleston, West Virginia. In the confession, which was tape-recorded and reduced to writing for trial, appellant stated that “I beat him in the face... I stabbed and throwed him in the back seat of the car and took him over to [the] Chattahoochee River and put him in the river.”

(a) In his sixth enumeration of error, appellant contends that his statements to police were improperly admitted because they were[*650] involuntary. We cannot agree.

Two separate Jackson-Denno hearings were held at trial to determine the voluntariness of appellant’s statement. The trial court’s finding that appellant’s statement was made following proper Miranda warnings and was voluntary is clearly authorized by the evidence. See Pittman v. State, 245 Ga. 453 (265 SE2d 592) (1980); Crawford v. State, 245 Ga. 89, 90 (263 SE2d 131) (1980).

(b) Appellant further contends that the transcript of his tape-recorded statement was improperly admitted because it was not supported by a proper foundation. Appellant’s contentions are without merit.

Two separate transcripts were made of appellant’s statement. One version was the product of shorthand notes by a stenographer employed by the Charleston police department who was present during the confession; the other was a typed transcription of the tape recording made by Georgia police officers. Only the latter was read to the jury and admitted into evidence at trial. Appellant’s sole objection to the use of this transcript of his statement is that material differences in the two versions rendered the tape transcript inadmissible.

In Brooks v. State, 141 Ga. App. 725 (234 SE2d 541) (1975), the court set out seven prerequisites for admission of a taped statement. The state must establish: 1) that the mechanical device was capable of taking testimony; 2) that the operator was competent; 3) the authenticity and correctness of the recording; 4) that no changes, additions, or deletions were made; 5) the manner of preservation; 6) the identity of the speakers; and 7) that the testimony was not elicited through duress. See Solomon, Inc. v. Edgar, 92 Ga. App. 207, 211 (88 SE2d 167) (1955). The state offered ample proof on each of these elements at trial. The officer who operated the tape machine testified that he had operated the machine many times in the past, that the machine ran well, and that the transcript was an accurate and complete representation of appellant’s statement. Counsel for appellant was allowed to review the tape with the district attorney and to compare the two transcripts with the tape itself, and he raised no objections to the accuracy of the tape transcript other than the alleged discrepancies in the two versions. Under these circumstances, we hold that the state’s foundation for admission of the tape transcript was adequate. See Williams v. State, 151 Ga. App. 765, 767 (261 SE2d 487) (1979).

(c) In his fourth and fifth enumerations, the appellant contends that the trial court erred when it allowed the state to reopen its case to introduce into evidence appellant’s statement to police. We disagree and conclude that the statement was properly admitted.

[*651] Decided July 8, 1982. John N. Crudup, for appellant. Jeff C. Wayne, District Attorney, Patrick E. McMahon, Assistant District Attorney, Michael J. Bowers, Attorney General, Janice G. Hildenbrand, Staff Assistant Attorney General, for appellee.

Appellant argues that since his confession was not offered “in rebuttal,” the trial court abused its discretion by allowing the state to reopen and introduce the statement. Appellant’s position has consistently been rejected by the courts of this state. “[T]he trial judge is clothed with very broad discretion in the matter of allowing additional evidence at any stage of trial, and that discretion will not be controlled except where there appears to have been an abuse of discretion.” Johnson v. State, 164 Ga. 47 (137 SE 553) (1927). See also Gregoroff v. State, 158 Ga. App. 363 (280 SE2d 373) (1981). Such evidence may be offered either in rebuttal or in corroboration of evidence already introduced by the state. White v. State, 100 Ga. 659 (28 SE 423) (1897).

Our courts have been quite liberal in this regard. This court recently held that it was not error to allow the state to reopen its case even after jury deliberations have begun. State v. Roberts, 247 Ga. 456 (277 SE2d 644) (1981). We cannot say that the trial court abused its discretion by admitting appellant’s statement in the present case. See Britten v. State, 221 Ga. 97 (143 SE2d 176) (1965).

3. In his second enumeration of error, appellant asserts as error the trial court’s denial of his co-defendant’s motion for severance. Having failed to move for severance on his own behalf, appellant cannot now claim the denial of Goins’ motion as error. Way v. State, 239 Ga. 316 (236 SE2d 655) (1977).

4. Finally, appellant contends that the trial court erred when, after granting a motion for individual voir dire and sequestration of jurors, the court questioned prospective jurors in groups of seven. We cannot agree.

The trial judge has broad discretion in matters concerning the questioning of potential jurors on voir dire. Code Ann. § 59-705; Whitlock v. State, 230 Ga. 700, 705 (198 SE2d 865) (1973). Any objection appellant may have had to the procedure employed by the trial judge was waived by his failure to raise it at trial. See Barton v. State, 81 Ga. App. 810 (60 SE2d 173) (1950).

Judgment affirmed.

All the Justices concur.