Brown v. State, 592 S.E.2d 666 (Ga. 2004). · Go Syfert
Brown v. State, 592 S.E.2d 666 (Ga. 2004). Cases Citing This Book View Copy Cite
“the trial court need only conduct an inquiry of the accused on the record so as to ensure that the waiver is knowing, voluntary and intelligent.”
49 citation events (49 in the last 25 years) across 2 distinct courts.
Strongest positive: Thomas v. State (gactapp, 2009-04-09)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 21 distinct citers. How cited ↗
discussed Cited as authority (quoted) Thomas v. State (2×) also: Cited "see"
Ga. Ct. App. · 2009 · signal: see · quote attribution · 1 verbatim quote · confidence high
a defendant's consent need not be in a particular, ritualistic form.
discussed Cited as authority (quoted) Ray v. State (2×) also: Cited "see"
Ga. Ct. App. · 2008 · signal: see · quote attribution · 1 verbatim quote · confidence high
the trial court need only conduct an inquiry of the accused on the record so as to ensure that the waiver is knowing, voluntary and intelligent.
discussed Cited as authority (rule) Clarence Merchant v. State
Ga. Ct. App. · 2022 · confidence medium
Since form is unimportant, the only real issue is whether [a defendant] intelligently agreed to a trial without jury.” Brown v. State, 277 Ga. 573, 573-574 (2) ( 592 SE2d 666 ) (2004) (citation and punctuation omitted).
discussed Cited as authority (rule) Bruce Davis v. State
Ga. Ct. App. · 2014 · confidence medium
The purpose of the rule is to establish the finality of written contracts, and its wisdom is not a debatable question.”). 33 Brown v. State, 277 Ga. 573, 574 (2) ( 592 SE2d 666 ) (2004). 34 Green v. State, 223 Ga. App. 467, 468 (1) ( 477 SE2d 895 ) (1996); see also OCGA § 16-8-2 (“A person commits the offense of theft by taking when he unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which the property is taken or appropriated.”). 16 Davis prior to the…
cited Cited as authority (rule) Davis v. State
Ga. Ct. App. · 2014 · confidence medium
Brown v. State, 277 Ga. 573, 574 (2) ( 592 SE2d 666 ) (2004).
cited Cited as authority (rule) Mastrogiovanni v. State
Ga. Ct. App. · 2013 · confidence medium
(Citations and punctuation omitted.) Brown v. State, 277 Ga. 573, 574 (2) ( 592 SE2d 666 ) (2004).
discussed Cited as authority (rule) Ronald Mastrogiovanni v. State
Ga. Ct. App. · 2013 · confidence medium
The trial court need only conduct an inquiry of the accused on the record so as to ensure that the waiver is knowing, voluntary and intelligent. 3 (Citations and punctuation omitted.) Brown v. State, 277 Ga. 573, 574 (2) ( 592 SE2d 666 ) (2004).
discussed Cited as authority (rule) Bryan Talton v. State
Ga. Ct. App. · 2013 · confidence medium
Since form is unimportant, the only real issue is whether appellant intelligently agreed to a trial without a jury.” (Citation and punctuation omitted.) Brown v. State, 277 Ga. 573, 574 (2) ( 592 SE2d 666 ) (2004).
discussed Cited as authority (rule) Talton v. State
Ga. Ct. App. · 2013 · confidence medium
Since form is unimportant, the only real issue is whether appellant intelligently agreed to a trial without [a] jury.” (Citation and punctuation omitted.) Brown v. State, 277 Ga. 573, 574 (2) ( 592 SE2d 666 ) (2004).
cited Cited as authority (rule) Walker v. State
Ga. Ct. App. · 2013 · confidence medium
Brown v. State, 277 Ga. 573, 574 (3) ( 592 SE2d 666 ) (2004). 2.
cited Cited as authority (rule) Michael Anthony Walker v. State
Ga. Ct. App. · 2013 · confidence medium
Brown v. State, 277 Ga. 573, 574 (3) ( 592 SE2d 666 ) (2004). 2.
discussed Cited as authority (rule) Ealey v. State
Ga. Ct. App. · 2011 · confidence medium
NOTES [1] See Lively v. State, 262 Ga. 510, 512 (3), 421 S.E.2d 528 (1992). [2] Watson v. State, 274 Ga. 689, 691 (2), 558 S.E.2d 704 (2002) (footnote omitted). [3] Balbosa v. State, 275 Ga. 574, 575 (1), 571 S.E.2d 368 (2002); Jackson v. State, 253 Ga.App. 559, 560 , 560 S.E.2d 62 (2002). [4] Brown v. State, 277 Ga. 573, 574 (2), 592 S.E.2d 666 (2004). [5] Edwards v. State, 285 Ga.App. 227, 229 (2), 645 S.E.2d 699 (2007). [6] Ealey had indicated moments earlier that he desired to appeal from the trial court's denial of his motion to suppress. [7] McCarthy v. United States, 394 U.S. 459, 466 (…
examined Cited "see" Agee v. State (4×)
Ga. · 2021 · signal: see · confidence high
See Brown v. State, 277 Ga. 573, 574 (2) (592 SE2d 666) (2004) (defendant personally, knowingly, voluntarily, and intelligently waived a jury trial after he was informed of the various aspects of a jury trial and the consequences of relinquishing that right, and then “only after receiving [defendant’s] oral assurance that he wished to waive trial by jury.”).
discussed Cited "see" Heatherly v. State (2×)
Ga. · 2017 · signal: see · confidence high
See Brown v. State, 277 Ga. 573, 573-574 (2) ( 592 SE2d 666 ) (2004); Joyner v. State, 267 Ga. App. 309, 311 (2) ( 599 SE2d 286 ) (2004).
discussed Cited "see" Heatherly v. State (2×)
Ga. · 2017 · signal: see · confidence high
See Brown v. State, 277 Ga. 573, 573-574 (2) ( 592 SE2d 666 ) (2004); Joyner v. State, 267 Ga. App. 309, 311 (2) ( 599 SE2d 286 ) (2004). 8 Similarly, upon proper request, and when supported by the evidence, the trial court is to instruct the jury on the law regarding the corroboration of accomplice testimony under OCGA § 24- 14-8.
discussed Cited "see" McGill v. State (2×)
Ga. Ct. App. · 2010 · signal: see · confidence high
See Brown v. State, 277 Ga. 573, 574 (3) ( 592 SE2d 666 ) (2004) (failure to object to expert testimony waives argument on appeal). (c) OCGA § 24-3-4 provides: 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.
examined Cited "see" Edwards v. State (3×)
Ga. Ct. App. · 2007 · signal: see · confidence high
See Brown v. State, 277 Ga. 573, 574 (2) ( 592 SE2d 666 ) (2004). “[T]he only real issue is whether [the defendant] intelligently agreed to a trial without jury.” (Punctuation omitted.) Id.
discussed Cited "see, e.g." Merritt v. State (2×)
Ga. · 2013 · signal: see also · confidence low
See also Brown v. State, 277 Ga. 573 (1) ( 592 SE2d 666 ) (2004). 2.
discussed Cited "see, e.g." Neville Turnbull v. State (2×)
Ga. Ct. App. · 2012 · signal: see also · confidence medium
In light of the foregoing, the trial court was authorized to conclude that Turnbull failed to carry his burden of proving that his trial counsel performed deficiently with respect to Turnbull’s election to proceed with a bench trial, rather than a jury trial.24 (d) Finally, Turnbull complains that, during the sentencing phase of his trial, his lawyer did not object to the admission of what the prosecutor offered as “the defendant’s GCIC.” Turnbull does not contend that the report was inaccurate, but 24 See Watson v. State, 274 Ga. 689, 690-691 (2) ( 558 SE2d 704 ) (2002) (where trial c…
discussed Cited "see, e.g." Turnbull v. State (2×)
Ga. Ct. App. · 2012 · signal: see also · confidence medium
See Morgan, supra at 227 (10) (rejecting claim that trial counsel erred by not calling certain witnesses and introducing various documents, where defendant did not show that the witnesses or the documents existed, were available, and would have been favorable to his defense); see also Shank, supra; Dickens, supra. See Watson v. State, 274 Ga. 689, 690-691 (2) ( 558 SE2d 704 ) (2002) (where trial court asked on the record whether defendant wished to waive his right to a jury trial and proceed with a bench trial, trial court received defendant’s oral assurance that he wished to waive trial by …
discussed Cited "see, e.g." Guise v. State (2×)
Ga. Ct. App. · 2010 · signal: see also · confidence medium
See also Jones v. State, 294 Ga. App. 169, 169-170 (1) ( 670 SE2d 104 ) (2008). 7 (Citations omitted.) Balbosa, supra. See also Brown v. State, 277 Ga. 573, 574 (2) ( 592 SE2d 666 ) (2004).
Retrieving the full opinion text from the archive…
Brown
v.
the State
S04A0351.
Supreme Court of Georgia.
Feb 2, 2004.
592 S.E.2d 666
Lenzer & Lenzer, Robert W. Lenzer, Thomas R Lenzer, for appellant., Daniel J. Porter, District Attorney, John S. Melvin, Assistant District Attorney, Thurbert E. Baker, Attorney General, Frank M. Gaither, Jr., Assistant Attorney General, for appellee.
Carley.
Cited by 23 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: #38,076 of 633,719
Citer courts: Court of Appeals of Georgia (2)
Carley, Justice.

At the conclusion of a bench trial, the trial court found Kenneth Brown guilty of malice murder of his wife, and sentenced him to life imprisonment. After the denial of a motion for new trial, Brown brings this appeal. [1]

1. Brown drove his wife to the emergency room, where she was pronounced dead. According to the medical examiner, her death was the combined result of strangulation and trauma to the head, chest and abdomen. In his statement to the police, Brown admitted that he argued with his wife and that they had a physical confrontation. Officers who executed a warrant to search the home discovered the victim’s hair and blood in various rooms throughout the residence. In a conversation with his wife’s sister, Brown admitted that he was responsible for the death. The evidence is sufficient to authorize a rational trier of fact to find him guilty of malice murder beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2. Brown contends that he did not intelligently waive his right to a jury trial, because the trial court did not advise him of the specific consequences that the waiver would have with regard to the permissible scope of issues that could be raised on appeal.

Since there is no jury, a bench trial creates fewer possible grounds for appellate review. For example, the conduct of voir dire and jury instructions are not a potential basis for reversal. However, the purpose of a trial, with or without a jury, is not to create issues[*574] for appeal. In the criminal context, it is a proceeding to determine whether the defendant is guilty beyond a reasonable doubt of the offense he is charged with committing. Thus, there is not any requirement that the trial court expressly inform the accused of those particular appellate issues which waiver of a jury trial will obviate. A “ ‘ “defendant’s consent need not be in a particular, ritualistic form. Since form is unimportant, the only real issue is whether appellant intelligently agreed to a trial without jury. (Cits.) [Cit.] ....’” [Cit.]” Safford v. State, 240 Ga. App. 80, 82 (2) (522 SE2d 565) (1999). The trial court need only conduct an inquiry of the accused on the record so as to ensure that the waiver is knowing, voluntary and intelligent. Watson v. State, 274 Ga. 689, 691 (2) (558 SE2d 704) (2002).

Here, the record shows that, after defense counsel announced that his client was waiving the right to a jury trial on his recommendation, Brown was informed of the various aspects of the right to a jury trial and of the general consequences of relinquishing that right. Included in that colloquy was an explanation that the trial court

will be the judge of both the law as well as the judge of the facts, and he will decide all factual issues. You still have a right to appeal, you still have a right to question any rulings that he might make or any decision that he might make that you disagree with, if there is an error in law that he makes, and he could conceivably make an error in law, even though he is the judge.

After receiving the comprehensive information regarding his right to a jury trial, Brown was asked whether he consented, based upon his lawyer’s recommendation, to waive that right and to submit to a bench trial. He responded in the affirmative to that inquiry. Thus,

[o]nly after receiving [Brown’s] oral assurance that he wished to waive trial by jury and proceed to trial before the court did the trial court accept [his] waiver. We find based on the specific record before us that [Brown] personally, knowingly, voluntarily, and intelligently waived his right to a trial by jury.

Watson v. State, supra at 691 (2).

3. Although Brown enumerates as error the admission of expert testimony by a witness for the State, he did not object at trial. Thus, this enumeration presents nothing for review. Eberhart v. State, 257 Ga. 600, 602 (8) (361 SE2d 821) (1987).

Judgment affirmed.

All the Justices concur. [*575] Decided February 2,2004. Lenzer & Lenzer, Robert W. Lenzer, Thomas R Lenzer, for appellant. Daniel J. Porter, District Attorney, John S. Melvin, Assistant District Attorney, Thurbert E. Baker, Attorney General, Frank M. Gaither, Jr., Assistant Attorney General, for appellee.
1

The death occurred on July 8, 1999. The grand jury indicted Brown for murder on November 10, 1999. The trial court found him guilty on April 23, 2002, and imposed the life sentence on April 26, 2002. Brown filed a motion for new trial on May 9, 2002, which the trial court denied on June 25, 2003. On July 3, 2003, Brown filed a notice of appeal. The case was docketed in this Court on October 29, 2003, and was submitted for decision on December 22, 2003.