Howard v. State, 403 S.E.2d 204 (Ga. 1991). · Go Syfert
Howard v. State, 403 S.E.2d 204 (Ga. 1991). Cases Citing This Book View Copy Cite
110 citation events (26 in the last 25 years) across 3 distinct courts.
Strongest positive: State v. Antonio Tapia Almanza (gactapp, 2017-11-20)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 40 distinct citers.
discussed Cited as authority (rule) State v. Antonio Tapia Almanza
Ga. Ct. App. · 2017 · confidence medium
Specifically, we have held that a victim’s statements to medical personnel regarding the identity of an assailant or the “circumstances and activity” occurring prior to the injury do not “fall within the statutory exception” because they are “not reasonably pertinent to [the victim’s] diagnosis or treatment.” Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ) (1991) (shooting victim’s statement to physician in which she described the circumstances leading to the 12 shooting and identified defendant as the shooter did not fall within “the statutory hearsay exception of [form…
discussed Cited as authority (rule) Brown v. State (2×) also: Cited "see"
Ga. Ct. App. · 2005 · confidence medium
Andrews, P. J., and Mikell, J., concur. 1 (Emphasis supplied.) 2 Howard v. State, 261 Ga. 251,252 (403 SE2d204) (1991); see Miller v. State, 194 Ga. App. 533, 534 (2) (a) ( 390 SE2d 901 ) (1990) (although victim’s statement to emergency room physician that she had heen raped was admissible under OCGA § 24-3-4, admission of that portion of statement in which she had identified rapist was error). 3 White v. State, 265 Ga. App. 117, 118 ( 592 SE2d 905 ) (2004). 4 Howard, supra; Miller, supra.
cited Cited as authority (rule) Morita v. State
Ga. Ct. App. · 2004 · confidence medium
Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ) [(1991)]; King v. State, 213 Ga. App. 268, 269 ( 444 SE2d 381 ) [(1994)].
cited Cited as authority (rule) Munn v. State
Ga. Ct. App. · 2003 · confidence medium
Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ) [(1991)]; King v. State, 213 Ga. App. 268, 269 ( 444 SE2d 381 ) [(1994)].
cited Cited as authority (rule) Moore v. State
Ga. Ct. App. · 2003 · confidence medium
Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ) [(1991)]; King v. State, 213 Ga. App. 268, 269 ( 444 SE2d 381 ) [(1994)].” Dolphus v. State, 218 Ga. App. 565, 566 ( 462 SE2d 453 ) (1995).
cited Cited as authority (rule) Stephens v. State
Ga. Ct. App. · 2002 · confidence medium
Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ) [(1991)]; King v. State, 213 Ga. App. 268, 269 ( 444 SE2d 381 ) [(1994)].
cited Cited as authority (rule) Lane v. State
Ga. Ct. App. · 2001 · confidence medium
Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ) [(1991)]; King v. State, 213 Ga. App. 268, 269 ( 444 SE2d 381 ) [(1994)].
discussed Cited as authority (rule) Johnson v. State
Ga. · 2001 · confidence medium
Even if it could be said that Jacobs’ statement to the physician lacked indicia of credibility (see Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ) (1991); Arnold v. State, 166 Ga. App. 313, 314 ( 304 SE2d 118 ) (1983)), it was merely cumulative.
cited Cited as authority (rule) Wolf v. State
Ga. Ct. App. · 2000 · confidence medium
Howard v. State, 261 Ga. 251, 252 (403 *618 SE2d 204) [(1991)]; King v. State, 213 Ga. App. 268, 269 ( 444 SE2d 381 ) [(1994)].
cited Cited as authority (rule) Stephens v. State
Ga. Ct. App. · 2000 · confidence medium
Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ) [(1991)]; King v. State, 213 Ga. App. 268, 269 ( 444 SE2d 381 ) [(1994)].
cited Cited as authority (rule) White v. State
Ga. Ct. App. · 2000 · confidence medium
Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ) [(1991)]; King v. State, 213 Ga. App. 268, 269 ( 444 SE2d 381 ) [(1994)].
cited Cited as authority (rule) Peck v. State
Ga. Ct. App. · 2000 · confidence medium
Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ) [(1991)]; King v. State, 213 Ga. App. 268, 269 ( 444 SE2d 381 ) [(1994)].
cited Cited as authority (rule) Parker v. State
Ga. Ct. App. · 2000 · confidence medium
Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ) ((1991)); King v. State, 213 Ga. App. 268, 269 ( 444 SE2d 381 ) ((1994)).
cited Cited as authority (rule) Goddard v. State
Ga. Ct. App. · 2000 · confidence medium
Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ) [(1991)]; King v. State, 213 Ga. App. 268, 269 ( 444 SE2d 381 ) [(1994)].
cited Cited as authority (rule) Reyes v. State
Ga. Ct. App. · 2000 · confidence medium
Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ) [(1991)]; King v. State, 213 Ga. App. 268, 269 ( 444 SE2d 381 ) [(1994)].
cited Cited as authority (rule) Carrero v. State
Ga. Ct. App. · 1999 · confidence medium
Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ); Johnson v. State, 238 Ga. 59, 61 ( 230 SE2d 869 ).
cited Cited as authority (rule) Hollis v. State
Ga. Ct. App. · 1998 · confidence medium
Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ) [(1991)]; King v. State, 213 Ga. App. 268, 269 ( 444 SE2d 381 ) [(1994)].” Dolphus v. State, 218 Ga. App. 565, 566 ( 462 SE2d 453 ) (1995).
cited Cited as authority (rule) Bierria v. State
Ga. Ct. App. · 1998 · confidence medium
Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ) [(1991)]; King v. State, 213 Ga. App. 268, 269 ( 444 SE2d 381 ) [(1994)].” Dolphus v. State, 218 Ga. App. 565, 566 ( 462 SE2d 453 ) (1995).
cited Cited as authority (rule) Hagood v. State
Ga. Ct. App. · 1997 · confidence medium
Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ) [(1991)]; King v. State, 213 Ga. App. 268, 269 ( 444 SE2d 381 ) [(1994)].
cited Cited as authority (rule) Slaughter v. State
Ga. Ct. App. · 1997 · confidence medium
Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ) [(1991)]; King v. State, 213 Ga. App. 268, 269 ( 444 SE2d 381 ) [(1994)].” Dolphus v. State, 218 Ga. App. 565 ( 462 SE2d 453 ) (1995).
discussed Cited as authority (rule) Grisson v. State
Ga. Ct. App. · 1997 · confidence medium
Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ); King v. State, 213 Ga. App. 268, 269 ( 444 SE2d 381 ). ‘Conflicts in the testimony of the witnesses, including the (S)tate’s witnesses, is *818 a matter of credibility for the jury to resolve.
discussed Cited as authority (rule) Patterson v. State
Ga. Ct. App. · 1997 · confidence medium
Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ); King v. State, 213 Ga. App. 268, 269 ( 444 SE2d 381 ). ‘Conflicts in the testimony of the witnesses, including the (S)tate’s witnesses, is a matter of credibility for the jury to resolve.
discussed Cited as authority (rule) Hatcher v. State
Ga. Ct. App. · 1997 · confidence medium
Hatcher was convicted of violating the Georgia Controlled Substances Act, OCGA § 16-13-30, by possessing less than a gram of methamphetamirie or “crank.” 1 The evidence is viewed under the standards used in Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ) (1991); and King v. State, 213 Ga. App. 268, 269 ( 444 SE2d 381 ) (1994).
cited Cited as authority (rule) Blackwood v. State
Ga. Ct. App. · 1997 · confidence medium
Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ) [(1991)]; King v. State, 213 Ga. App. 268, 269 ( 444 SE2d 381 ) [(1994)].” Dolphus v. State, 218 Ga. App. 565, 566 ( 462 SE2d 453 ) (1995).
cited Cited as authority (rule) Carter v. State
Ga. Ct. App. · 1997 · confidence medium
Searcy v. State, 236 Ga. 789, 790 ( 225 SE2d 311 ) (1976); Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ) (1991); King v. State, 213 Ga. App. 268, 269 ( 444 SE2d 381 ) (1994).
discussed Cited as authority (rule) Scott v. State
Ga. Ct. App. · 1996 · confidence medium
Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ); King v. State, 213 Ga. App. 268, 269 ( 444 SE2d 381 ). ‘Conflicts in the testimony of the witnesses, including the (S)tate’s witnesses, is a matter of credibility for the jury to resolve.
discussed Cited as authority (rule) Turner v. State
Ga. Ct. App. · 1996 · confidence medium
Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ); King v. State, 213 Ga. App. 268, 269 ( 444 SE2d 381 ). ‘Conflicts in the testimony of the witnesses, including the (S)tate’s witnesses, is a matter of credibility for the jury to resolve.
discussed Cited as authority (rule) Smith v. State
Ga. Ct. App. · 1996 · confidence medium
Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ); King v. State, 213 Ga. App. 268, 269 ( 444 SE2d 381 ).’ Dolphus v. State, 218 Ga. App. 565 ( 462 SE2d 453 ). ‘ “Conflicts in the testimony of the witnesses, including the (S)tate’s witnesses, is a matter of credibility for the jury to resolve.
discussed Cited as authority (rule) Ferguson v. State
Ga. Ct. App. · 1996 · confidence medium
Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ); King v. State, 213 Ga. App. 268, 269 ( 444 SE2d 381 ).’ Dolphus v. State, 218 Ga. App. 565 ( 462 SE2d 453 ). ‘ “Conflicts in the testimony of the witnesses, including the (S)tate’s witnesses, is a matter of credibility for the jury to resolve.
discussed Cited as authority (rule) Weeks v. State
Ga. Ct. App. · 1996 · confidence medium
Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ); King v. State, 213 Ga. App. 268, 269 ( 444 SE2d 381 ). ‘Conflicts in the testimony of the witnesses, including the (S)tate’s witnesses, is a matter of credibility for the jury to resolve.
discussed Cited as authority (rule) Brewer v. State
Ga. Ct. App. · 1995 · confidence medium
Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ); King v. State, 213 Ga. App. 268, 269 ( 444 SE2d 381 ).” Dolphus v. State, 218 Ga. App. 565 ( 462 SE2d 453 ). “ ‘Conflicts in the testimony of the witnesses, including the (S)tate’s witnesses, is a matter of credibility for the jury to resolve.
cited Cited as authority (rule) Grier v. State
Ga. Ct. App. · 1995 · confidence medium
Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ); King v. State, 213 Ga. App. 268, 269 ( 444 SE2d 381 ).
cited Cited as authority (rule) Dolphus v. State
Ga. Ct. App. · 1995 · confidence medium
Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ); King v. State, 213 Ga. App. 268, 269 ( 444 SE2d 381 ).
examined Cited as authority (rule) Howard v. Gavin (3×) also: Cited "see"
S.D. Ga. · 1993 · confidence medium
Howard v. State, 261 Ga. 251 , 403 S.E.2d 204, 204-205 (1991) (emphasis added).
discussed Cited "see" Ozuno-Ramirez v. State (2×)
Ga. · 2001 · signal: see · confidence high
See generally Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ) (1991).
discussed Cited "see" Johnson v. State (2×)
Ga. · 1996 · signal: see · confidence high
See Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ) (1991). 8.
discussed Cited "see" Minter v. State (2×)
Ga. · 1995 · signal: see · confidence high
See Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ) (1991); Johnson v. State, 238 Ga. 59, 61 ( 230 SE2d 869 ) (1976).
discussed Cited "see, e.g." Jones v. State (2×)
Ga. Ct. App. · 1996 · signal: see also · confidence medium
See also Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ). ‘ “Conflicts in the testimony of the witnesses, including the state’s witnesses, is a matter of credibility for the jury to resolve. . . .” Searcy v. State, 236 Ga. 789, 790 ( 225 SE2d 311 ).’ Fisher v. State, 151 Ga. App. 93 ( 258 SE2d 920 ).” King v. State, 213 Ga. App. 268, 269 ( 444 SE2d 381 ).
discussed Cited "see, e.g." Grant v. State (2×)
Ga. Ct. App. · 1994 · signal: see also · confidence medium
See also Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ). ‘ “Conflicts in the testimony of the witnesses, including the state’s witnesses, is a matter of credibility for the jury to resolve. . ..” Searcy v. State, 236 Ga. 789, 790 ( 225 SE2d 311 ).’ Fisher v. State, 151 Ga. App. 93 ( 258 SE2d 920 ).” King v. State, 213 Ga. App. 268, 269 ( 444 SE2d 381 ).
discussed Cited "see, e.g." King v. State (2×)
Ga. Ct. App. · 1994 · signal: see also · confidence medium
See also Howard v. State, 261 Ga. 251, 252 ( 403 SE2d 204 ). “ ‘Conflicts in the testimony of the witnesses, including the state’s witnesses, is a matter of credibility for the jury to resolve. . . .’ Searcy v. State, 236 Ga. 789, 790 ( 225 SE2d 311 ).” Fisher v. State, 151 Ga. App. 93 ( 258 SE2d 920 ).
Howard
v.
the State
S91A0168.
Supreme Court of Georgia.
Apr 11, 1991.
403 S.E.2d 204
Richard E. Allen, for appellant., J. Lane Johnston, District Attorney, Michael J. Bowers, Attorney General, C. A. Benjamin Woolf, for appellee.
Smith.
Cited by 51 opinions  |  Published
Smith, Presiding Justice.

The appellant, Debra Suzanne Murray Howard, shot and killed Linda W. McCorvey with a handgun. She claimed that the shooting was in self-defense. Following a jury trial, Ms. Howard was found guilty of murder and she received a sentence of life imprisonment. We affirm. [1]

At the time of the shooting, Ms. Howard occupied the driver’s seat of her parked automobile, while Gene Grim, the victim’s boyfriend, occupied the passenger’s side. The victim stood outside the vehicle on the driver’s side. Ms. Howard testified that the victim, who was large and jealous, approached the vehicle, reached through the partially open driver’s side door window and began to pull her hair, pinning her against the window. Ms. Howard claimed that while still pinned she retrieved her pistol and fired a warning shot. When the victim continued pulling Ms. Howard’s hair, she fired the second and fatal shot.

The only other surviving eyewitness, Mr. Grim, testified that he neither heard the victim threaten Ms. Howard, nor saw the victim pull Ms. Howard’s hair. He went on to state that he did not see or feel the automobile shake from any bodily contact.

Before the victim died, she told Dr. Charles F. Cowart, about the incident, relating that Ms. Howard threatened to shoot if the victim “took another step” toward the automobile. The victim went on to say, “I did, and she did.” At trial the doctor’s testimony about that conversation was allowed into evidence, over the objection of the defense counsel.

Medical testimony indicated that the victim died as a result of a gunshot wound causing traumatic injury to several internal organs of her chest. State experts testified that the bullet recovered from the victim’s body matched test bullets fired from Ms. Howard’s pistol. The investigating police officers testified that no weapon, other than Ms. Howard’s pistol, was recovered from the scene of the crime, and they found no signs of blood or hair and no indications of a struggle.

Ms. Howard’s sole enumeration of error on appeal is that Dr. Cowart’s testimony about the victim’s statements concerning the circumstances of the shooting should have been excluded as hearsay. We agree. The State urges that Dr. Cowart’s testimony falls under the[*252] statutory hearsay exception of OCGA § 24-3-4. That statute reads:

Decided April 11, 1991 — Reconsideration denied May 13, 1991. Richard E. Allen, for appellant. J. Lane Johnston, District Attorney, Michael J. Bowers, Attor [*253] ney General, C. A. Benjamin Woolf, for appellee.
[*252] Statements made for purposes of medical diagnosis or treatment and describing medical history, or past or present symptoms, pain, or sensations, or the inception or general character of the cause or external source thereof insofar as reasonably pertinent to diagnosis or treatment shall be admissible in evidence.

The victim’s statements to Dr. Cowart regarding the circumstances and activity prior to the shooting did not fall within the statutory exception because they were not reasonably pertinent to Dr. Cowart’s diagnosis or treatment.

Nevertheless, we find that the error was harmless because it is “ ‘highly probable that the error did not contribute to the judgment.’ ” Johnson v. State, 238 Ga. 59, 61 (230 SE2d 869) (1976). “This court as a reviewing court must not . . . pass on the weight of the evidence, but on the sufficiency of the evidence to support the verdict.” Harris v. State, 236 Ga. 766 (225 SE2d 263) (1976). “On appeal of a conviction based on a jury verdict we should examine the evidence in a light most favorable to support that verdict.” Smith v. State, 245 Ga. 44 (262 SE2d 806) (1980). Expert testimony established that the victim died as a result of a gunshot fired from Ms. Howard’s pistol. Ms. Howard admitted to the shooting. Although she took the stand in support of her claim of self-defense, the only other eyewitness, Gene Grim, stated that he did not see or hear the events recounted by Ms. Howard even though he was seated next to her in her vehicle. The police investigators found no evidence of any other weapon aside from the pistol used by Ms. Howard to kill the victim. There were no signs of the struggle that Ms. Howard claims occurred; there were no signs of blood or residues of hair. Thus resolving all conflicts in favor of the verdict, Green v. State, 242 Ga. 261 (249 SE2d 1) (1978), and reviewing the evidence in a light most favorable to the jury verdict using the criteria listed above, we find that a rational trier of fact could have found Ms. Howard guilty beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

Judgment affirmed.

All the Justices concur.
1

The crime was committed on July 1,1989. The appellant was indicted on September 6, 1989. The Jenkins County jury returned its verdict of guilty on May 2, 1990. A motion for new trial was denied on October 12, 1990, and a notice of appeal was filed on October 18, 1990. The record was docketed in this Court on November 6, 1990. The case was submitted for decision without oral argument on November 26, 1990.