Somchith v. State, 527 S.E.2d 546 (Ga. 2000). · Go Syfert
Somchith v. State, 527 S.E.2d 546 (Ga. 2000). Cases Citing This Book View Copy Cite
61 citation events (59 in the last 25 years) across 2 distinct courts.
Strongest positive: Sharkey v. State (ga, 2024-12-10)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 23 distinct citers.
discussed Cited as authority (rule) Sharkey v. State (2×)
Ga. · 2024 · signal: cf. · confidence medium
Cf. Somchith v. State, 272 Ga. 261, 262 (1) ( 527 SE2d 546 ) (2000) (sufficient evidence of malice murder 11 where, among other things, the defendant lied about being armed before the shooting).
discussed Cited as authority (rule) McGuire v. State
Ga. · 2019 · confidence medium
See Stork v. State, 303 Ga. 21, 22-23 (1) (b) ( 810 SE2d 81 ) (2018); Mathis v. State, 279 Ga. 100, 101-102 (1) ( 610 SE2d 62 ) 10 (2005); Somchith v. State, 272 Ga. 261, 262 (1) ( 527 SE2d 546 ) (2000).
discussed Cited as authority (rule) Walter Maxon Simon v. State
Ga. Ct. App. · 2013 · confidence medium
The juror’s relationships with counsel did not necessarily or categorically require her exclusion from the jury.25 Instead, the relationships were bases for 23 Id. at 853, citing Kim, supra. 24 See OCGA § 15-12-164 (a) (3). 25 See generally OCGA § 15-12-163, pertinently providing that, upon objection and the judge’s satisfaction of the truth of the objection, the judge shall set aside for cause certain jurors (e.g., a juror that is not a citizen, or a juror that is so near of kin 18 disqualification only if they had created in the juror a fixed opinion of guilt or innocence or a bias for…
discussed Cited as authority (rule) Simon v. State.
Ga. Ct. App. · 2013 · confidence medium
See generally Poole, supra; Somchith v. State, 272 Ga. 261, 262-263 (2) ( 527 SE2d 546 ) (2000) (recognizing that before a juror is excused for cause, it must be shown that he or she holds an opinion of the guilt or innocence of the defendant that is so fixed and definite that the juror will be unable to set the opinion aside, and holding that the trial court did not abuse its discretion in refusing to excuse jurors for cause: where one juror knew the sheriff’s deputies, including at least one deputy who would be a witness, and expressed a belief in the credibility of the witness, but stated…
cited Cited as authority (rule) Thomas v. State
Ga. Ct. App. · 2012 · confidence medium
(Citations omitted.) Somchith v. State, 272 Ga. 261, 262 (2) ( 527 SE2d 546 ) (2000).
discussed Cited as authority (rule) Cuzzort v. State
Ga. Ct. App. · 2010 · confidence medium
The juror’s responses did not indicate that he had formed “an opinion of [Cuzzort’s] guilt or innocence ... so fixed and definite that [he would] be unable to set the opinion aside and decide the case based upon the evidence or the court’s charge upon the evidence. [Cits.]” Somchith v. State, 272 Ga. 261, 262 (2) ( 527 SE2d 546 ) (2000).
examined Cited as authority (rule) Thorpe v. State (7×) also: Cited "see"
Ga. · 2009 · confidence medium
Whether to strike a juror for cause lies within the sound discretion of the trial court. [Cit.] Before a juror is excused for cause, it must be shown that he or she holds an opinion of the guilt or innocence of the defendant that is so fixed and definite that the juror will be unable to set the opinion aside and decide the case based upon the evidence or the court’s charge upon the evidence. [Cits.] Somchith v. State, 272 Ga. 261, 262 (2) ( 527 SE2d 546 ) (2000).
discussed Cited as authority (rule) Adams v. State
Ga. · 2008 · confidence medium
Further, Smiley’s responses did not indicate that she had formed “an opinion of [Adams’s] guilt or innocence ... so fixed and definite that [she would] be unable to set the opinion aside and decide the case based upon the evidence or the court’s charge upon the evidence. [Cits.]” Somchith v. State, 272 Ga. 261, 262 (2) ( 527 SE2d 546 ) (2000).
discussed Cited as authority (rule) Chandler v. State
Ga. · 2007 · confidence medium
I think so.” Chandler contends that prospective juror number 16 should have been struck for cause, but that is not so. *715 Whether to strike a juror for cause lies within the sound discretion of the trial court. [Cit.] Before a juror is excused for cause, it must be shown that he or she holds an opinion of the guilt or innocence of the defendant that is so fixed and definite that the juror will be unable to set the opinion aside and decide the case based upon the evidence or the court’s charge upon the evidence. [Cits.] Somchith v. State, 272 Ga. 261, 262 (2) ( 527 SE2d 546 ) (2000).
discussed Cited as authority (rule) Flores v. State
Ga. Ct. App. · 2006 · confidence medium
J., and Barnes, J., concur. 1 (Citations omitted.) Robles v. State, 277 Ga. 415, 419 (3) ( 589 SE2d 566 ) (2003). 2 See id. 3 (Citations omitted.) Somchith v. State, 272 Ga. 261, 262 (2) ( 527 SE2d 546 ) (2000). 4 See id.; Heath v. State, 269 Ga. App. 872, 872-873 (2) ( 605 SE2d 427 ) (2004). 5 (Footnote omitted.) Richardson v. State, 275 Ga. App. 320 (1) ( 620 SE2d 522 ) (2005). 6 OCGA§ 16-13-31 (e). 7 See Baggs v. State, 265 Ga. App. 282, 283-284 (1) ( 593 SE2d 734 ) (2004). 8 St.
cited Cited as authority (rule) Robles v. State
Ga. · 2003 · confidence medium
Somchith v. State, 272 Ga. 261, 262 (2) ( 527 SE2d 546 ) (2000).
cited Cited as authority (rule) Anderson v. State
Ga. · 2003 · confidence medium
Somchith v. State, 272 Ga. 261, 262 (2) ( 527 SE2d 546 ) (2000).
discussed Cited as authority (rule) Head v. State
Ga. · 2003 · confidence medium
The appeal was docketed with this Court on July 3, 2002, and argued orally on November 25, 2002. 2 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 Somchith v. State, 272 Ga. 261, 262 ( 527 SE2d 546 ) (2000); Garland v. State, 263 Ga. 495, 496 ( 435 SE2d 431 ) (1993). 4 Somchith, 272 Ga. at 262 ; McClain v. State, 267 Ga. 378, 380 ( 477 SE2d 814 ) (1996). 5 Heidler v. State, 273 Ga. 54, 57 ( 537 SE2d 44 ) (2000). 6 476 U. S. 79 (106 SC 1712, 90 LE2d 69) (1986). 7 476 U. S. at 89, 96 .
discussed Cited as authority (rule) Spickler v. State
Ga. · 2003 · confidence medium
A notice of appeal was filed on April 22, 2002, the appeal was docketed on August 7, 2002, and the appeal was submitted for decision without oral argument. 2 Brannon v. State, 266 Ga. 667, 668 ( 469 SE2d 676 ) (1996). 3 OCGA § 16-2-6. 4 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 5 272 Ga. at 736 . 6 Zellmer, 272 Ga. at 736 . 7 Id. at 736-737 . 8 Lance v. State, 275 Ga. 11, 14 ( 560 SE2d 663 ) (2002). 9 Somchith v. State, 272 Ga. 261, 262 ( 527 SE2d 546 ) (2000); Garland v. State, 263 Ga. 495, 496 ( 435 SE2d 431 ) (1993). 10 Somchith, 272 Ga. at 262 ; McClain v. State…
cited Cited as authority (rule) Wigfall v. State
Ga. · 2002 · confidence medium
Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Somchith v. State, 272 Ga. 261, 262 (1) ( 527 SE2d 546 ) (2000); Wooten v. State, 270 Ga. 425 ( 510 SE2d 813 ) (1999). 2.
discussed Cited "see" Williams v. State (2×)
Ga. Ct. App. · 2011 · signal: see · confidence high
See Somchith v. State, 272 Ga. 261, 263 (3) ( 527 SE2d 546 ) (2000) (requested jury charges must be supported by evidence).
discussed Cited "see" Taylor v. State (2×)
Ga. · 2007 · signal: see · confidence high
See Somchith v. State, 272 Ga. 261, 262 (1) ( 527 SE2d 546 ) (2000).
discussed Cited "see" Moore v. State (2×)
Ga. Ct. App. · 2007 · signal: see · confidence high
See Somchith v. State, 272 Ga. 261, 263 (3) ( 527 SE2d 546 ) (2000) (requested jury charges must be supported by evidence).
discussed Cited "see" Underwood v. State (2×)
Ga. Ct. App. · 2007 · signal: accord · confidence high
Accord Bakyayita v. State, 278 Ga. App. 624, 627 (2) ( 629 SE2d 539 ) (2006). 2 (Citation, punctuation and footnote omitted.) Chavarria v. State, 248 Ga. App. 398 (1) ( 546 SE2d 811 ) (2001). 3 See, e.g., Barnes v. State, 168 Ga. App. 925,926 (2) ( 310 SE2d 777 ) (1983) (defendant must adopt co-defendant’s objection to preserve issue for appellate review). 4 Tennon, supra. See also Somchith v. State, 272 Ga. 261, 262 (2) ( 527 SE2d 546 ) (2000) (juror's expression of belief in credibility of witness does not, standing alone, require dismissal for cause). 5 See generally Nelson v. State, 269 …
discussed Cited "see" Garrett v. State (2×)
Ga. · 2005 · signal: see · confidence high
See Somchith v. State, 272 Ga. 261 (2) ( 527 SE2d 546 ) (2000) (whether to strike potential juror for cause is left to trial court’s discretion).
discussed Cited "see" Campbell v. State (2×)
Ga. · 2005 · signal: see · confidence high
See Somchith v. State, 272 Ga. 261 (1) ( 527 SE2d 546 ) (2000).
examined Cited "see" Trigger v. State (3×)
Ga. · 2002 · signal: accord · confidence high
Accord McPherson v. State, 274 Ga. 444, 448-449 ( 553 SE2d 569 ) (2001). 5 See Somchith v. State, 272 Ga. 261, 262 (2) ( 527 SE2d 546 ) (2000) (“Before a juror is excused for cause, it must be shown that he or she holds an opinion of the guilt or innocence of the defendant that is so fixed and definite that the juror will be unable to set the opinion aside and decide the case based upon the evidence or the court’s charge upon the evidence.”). 6 Glover v. State, 274 Ga. 213, 215 ( 552 SE2d 804 ) (2001). 7 Somchith, 272 Ga. at 262-263 . 8 Williams v. State, 271 Ga. 323, 324 (2) ( 519 SE2d …
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 …
Somchith
v.
the State
S99A1779.
Supreme Court of Georgia.
Mar 6, 2000.
527 S.E.2d 546
Juwayn N. Haddad, for appellant., Michael H. Crawford, District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Adam M. Hames, Assistant Attorney General, for appellee.
Hines.
Cited by 26 opinions  |  Published
Hines, Justice.

Khamphay Somchith was convicted of malice murder in connection with the death of Gabrielle Allen. He appeals, asserting insufficient evidence and errors in the jury selection process and in the jury instructions. For the reasons that follow, we affirm. [1]

Construed to support the verdict, the evidence showed that Somchith and the victim, Gabrielle Allen, were romantically involved for four years and had a son, Eric. Allen and Eric moved from Somchith’s residence in November 1997, but Somchith subsequently saw Allen and Eric about once a month. In June 1998, Somchith stabbed Allen in the chest and, in a separate incident, attacked her new boyfriend with a crowbar. On June 19, 1998, Somchith took a pistol from his father’s house. He met with Allen and her sister Collins, and stated that he would be leaving the area. Allen let him take Eric shopping. Somchith, together with his brother, went shopping with Eric. Somchith’s brother bought some bullets and gave them to Somchith. That evening Somchith, Collins, Allen, and Eric met at the home of Somchith’s friend, Peo. Collins left to run an errand and, at Somchith’s request, Peo also left, but Peo first asked if Somchith had a gun; he[*262] said no. Somchith and Allen argued about Allen’s romantic involvement with other people. Somchith then shot her four times: once in the chest, piercing the heart; once into and through the arm, passing into the chest and lung; once downward through the lip and chin; and a contact shot to the right temple. It is not known which wound or wounds caused her death. Allen had raised her hand in a futile attempt to protect herself.

Somchith telephoned his brother and a friend and told each that he had killed Allen. Upon Peo’s return, he also told Peo the same thing. He stated to the first officer on the scene: “I killed her; I’ve got a gun.” Tests on the pistol taken from him showed that it had fired the fatal bullets. Somchith gave a taped statement in which he admitted killing Allen because of jealousy.

1. Somchith contends the evidence was insufficient to prove malice murder, only voluntary manslaughter provoked by Allen’s sexual involvement with another man and their argument about it. See OCGA § 16-5-2 (a). However, ample evidence was presented that allowed the jury to infer malice. Somchith secured a pistol earlier on the day of the shooting. Before being left alone with the victim, Somchith was asked if he was armed and he lied, saying he was not. He shot Allen not once, but four times, including a contact wound to the head. The jury was instructed on voluntary manslaughter and malice murder, and the evidence was sufficient to enable a rational jury to reject voluntary manslaughter and to find beyond a reasonable doubt that Somchith was guilty of malice murder. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Wooten v. State, 270 Ga. 425 (510 SE2d 813) (1999).

2. Somchith sought to remove three jurors for cause. Whether to strike a juror for cause lies within the sound discretion of the trial court. Garland v. State, 263 Ga. 495, 496 (1) (435 SE2d 431) (1993). Before a juror is excused for cause, it must be shown that he or she holds an opinion of the guilt or innocence of the defendant that is so fixed and definite that the juror will be unable to set the opinion aside and decide the case based upon the evidence or the court’s charge upon the evidence. Id.; McClain v. State, 267 Ga. 378, 380 (1) (a) (477 SE2d 814) (1996).

The first challenged juror was a courtroom bailiff who testified that because of his personal knowledge of the sheriff’s deputies, including at least one who would be a witness, he “would have a difficult time” believing they were not truthful. That a juror expresses a belief in the credibility of a witness does not itself require that he be excused for cause. Brown v. State, 268 Ga. 354, 356 (3) (490 SE2d 75) (1997). The juror testified that he could put aside his personal relationships and decide the case based on the law and evidence, and the trial court did not abuse its discretion in refusing to strike him for cause. Id.

[*263] Decided March 6, 2000. Juwayn N. Haddad, for appellant. Michael H. Crawford, District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Adam M. Hames, Assistant Attorney General, for appellee.

The second juror, a bank president, stated that he personally knew the district attorney because of prior prosecution of cases involving the bank. Somchith contends that the possibility of a recurrence of such prosecutions could influence this juror, but the juror repeatedly testified that he did not believe any relationship with the district attorney would influence his deliberations and there was no abuse of discretion. Id.

The third juror testified about her belief that a person should take the life of another only in cases of self defense. Somchith argues that inasmuch as he attempted to convince the jury that he was guilty only of voluntary manslaughter, this juror could not be fair and impartial toward him, given her belief and his admission of the killing. However, she too, affirmatively responded to questions concerning her ability to set aside her own opinions and decide the case on the court’s instructions. Id. Further, her testimony about her beliefs did not show a fixed opinion about Somchith’s guilt or innocence. See Garland, supra; McClain, supra.

3. The court refused to give Somchith’s requested charge on provocation caused by the “deceased’s adulterous conduct.” A requested charge must be “legal, apt and precisely adjusted to some principle involved in the case and be authorized by the evidence.” (Emphasis in original; punctuation omitted.) Lane v. State, 268 Ga. 678, 680 (2) (492 SE2d 230) (1997). Adultery is committed by “a married person.” OCGA § 16-6-19. In order to prove adultery, a marriage must be shown. Lamar v. State, 243 Ga. 401, 403 (5) (254 SE2d 353) (1979). Here it is undisputed that Somchith and Allen were not married and there was no error in refusing to give the charge.

Judgment affirmed.

All the Justices concur.
1

Allen was killed on June 19, 1998. On August 10, 1998, a Habersham County grand jury indicted Somchith for malice murder. He was tried January 6-7, 1999, and the jury found him guilty of malice murder. On April 12, 1999, he was sentenced to life in prison, nunc pro tunc to January 11, 1999. He moved for a new trial on January 29, 1999, and amended the motion on April 9,1999. The motion was denied on June 9,1999, and Somchith filed a notice of appeal on July 7, 1999. His appeal was docketed in this Court on August 31, 1999, and submitted for decision on October 25, 1999.