Smith v. State (1996)
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· 167 citation events
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Treatment trajectory · 1997 → 2026 · click a year to view the case as of then
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State v. Jackson (2010)
The shooter in Smith , however, was plainly "one of the parties to the [defendant's] underlying felony," Crane, 247 Ga. at 779 , 279 S.E.2d 695 (footnote omitted), and it is questionable whether someone charged with committing an aggravated assault against the defendant by shooting at him, see Smith, 267 Ga. at 372, n. 1 , 477 S.E.2d 827 , can really be said to be "acting in concert with him," id. at 376 , 477 S.E.2d 827 .
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Williams v. State (2023)
See Green v. State, 302 Ga. 816, 817, 818 (2) (a) n.2 ( 809 SE2d 738 ) (2018) (holding that there was no evidence to support a jury instruction on self-defense where the victim went outside his home with a “big gun” by his side to meet the defendant, who had accused the victim of stealing from him, but the victim did not attempt to use the gun before the 21 defendant attacked the victim and a friend of the defendant shot the victim); Powers v. State, 297 Ga. 345, 349 (2) ( 7…
“[I]t made no difference whether or not the victim had a gun because there was no evidence that the victim threatened or assaulted anyone prior to the shooting.”
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Johnson v. State (2023)
And in Smith v. State, 267 Ga. 372, 378 (12) ( 477 SE2d 827 ) (1996), we declined to “separately consider[ ]” a counseled defendant’s “untimely supplemental enumerations of error filed pro se.” Although we declined to recognize the pro se filings of counseled defendants in these decisions, we did not suggest that a court’s discretion to allow hybrid representation (or not) worked any 14 differently for pro se filings than it would for defendants who wanted to serve as active…
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Dougherty v. State (2022)
XII (“Every person charged with an offense against the laws of this state shall have the privilege and benefit of counsel;[.]”); Smith v. State, 267 Ga. 372, 377 (477 SE2d 827) (1996) (“A party does not have the hybrid right, under either the State or Federal Constitution, to simultaneously represent himself and be represented by counsel.”); see generally Joseph A. Colquitt, “Hybrid Representation: Standing the Two-Sided Coin on Its Edge,” 38 Wake Forest L.
“A party does not have the hybrid right, under either the State or Federal Constitution, to simultaneously represent himself and be represented by counsel.”
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Castro v. State (1999)
In Smith v. State, 267 Ga. 372, 374 (4), 477 S.E.2d 827 (1996), the trial court did not poll the jury but merely limited the jury's consideration of the evidence.
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Holland v. State (2022)
After the court became aware that a juror potentially overheard the prosecution’s conversation during recess, the court gave an explicit curative instruction to the jurors to report any external 24 communications they may have heard to a deputy, to not discuss any external communications with any other juror, and to only consider evidence presented in the courtroom. “[Q]ualified jurors under oath are presumed to follow the trial court’s instructions.” Smith v. State, 267 Ga.…
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Smith v. State (2010)
Nor was counsel’s concern legally sustainable here where the trial court in its opening charge expressly instructed the jurors that “you should not be prejudice^] in any way against a lawyer who makes objections for the party he or she represents.” See Smith v. State, 267 Ga. 372, 374 (3) ( 477 SE2d 827 ) (1996) (“[q]ualified jurors under oath are presumed to follow the trial court’s instructions”).
“[q]ualified jurors under oath are presumed to follow the trial court’s instructions”
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Smith v. State (2010)
Nor was counsel's concern legally sustainable here where the trial court in its opening charge expressly instructed the jurors that "you should not be prejudice[d] in any way against a lawyer who makes objections for the party he or she represents." See Smith v. State, 267 Ga. 372, 374 (3), 477 S.E.2d 827 (1996) ("[q]ualified jurors under oath are presumed to follow the trial court's instructions").
"[q]ualified jurors under oath are presumed to follow the trial court's instructions"
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Bryant v. State (2007)
See Smith v. State, 267 Ga. 372, 375 (4) ( 477 SE2d 827 ) (1996) (“It is well settled that a party cannot challenge on appeal an action that his own conduct aided in causing. [Cit.]”). 3.
“It is well settled that a party cannot challenge on appeal an action that his own conduct aided in causing. [Cit.]”
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Jackson v. State (2003)
See, e.g., Carter v. State, 269 Ga. 420 (5) ( 499 SE2d 63 ) (1998) (where two-year-old victim sustained numerous potentially fatal injuries, felony murder/cruelty to children conviction not mutually exclusive of involuntary manslaughter/simple battery conviction); Smith v. State, supra, 267 Ga. at 376 (6) (convictions for felony murder/aggravated assault and involuntary manslaughter/reckless conduct not mutually exclusive where evidence showed defendant intentionally assault…
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Pittman v. State (2001)
Harrison v. State, 268 Ga. 574, 578 (5), 492 S.E.2d 218 (1997); Lamb v. State, 267 Ga. 464, 466 (6), 479 S.E.2d 719 (1997); Smith v. State, 267 Ga. 372, 377 (12), 477 S.E.2d 827 (1996); Fargason v. State, 266 Ga. 463, 466 (6), 467 S.E.2d 551 (1996).
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Skidmore v. State (1997)
Smith v. State, 267 Ga. 372, 373 (2) ( 477 SE2d 827 ).
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Willie J. Caruthers v. City of Rochelle, Georgia (2021)
Co., 243 Ga. App. 79, 81 (1) ( 532 SE2d 159 ) (2000) (same). 11 See Allen v. State, 277 Ga. 502, 503 (3) (c) ( 591 SE2d 784 ) (2004) (“[Q]ualified jurors under oath are presumed to follow the trial court’s instructions.”); Smith v. State, 267 Ga. 372, 374 (3) ( 477 SE2d 827 ) (1996) (same); Land v. Ricks, 288 Ga. App. 497, 503 (3) ( 654 SE2d 643 ) (2007) (“In the absence of clear evidence to the contrary, qualified jurors, under oath, are presumed to follow the instructions …
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Kipp v. State (2013)
Smith v. State, 267 Ga. 372, 376 (6) ( 477 SE2d 827 ) (1996) .
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Simmons v. State (2009)
Swicord v. State, 293 Ga. App. 545 ( 667 SE2d 401 ) (2008) (affirming marijuana possession conviction and reversing cocaine trafficking conviction). 18 391 U. S. 123 (88 SC 1620, 20 LE2d 476) (1968) (admission of the confession of a nontestifying co-defendant inculpating the defendant deprived the defendant of his Sixth Amendment right to confront the witness by means of cross-examination). 19 See Smith v. State, 267 Ga. 372, 373 (2) ( 477 SE2d 827 ) (1996). 20 See Sampson v…
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Bennett v. State (2009)
Ellington and Mikell, JJ., concur. 1 The trial court merged the convictions for aggravated assault into the conviction for aggravated battery. 2 261 Ga. 402, 407 (3) (b) ( 405 SE2d 669 ) (1991). 3 See Stobbart v. State, 272 Ga. 608, 610 (2) ( 533 SE2d 379 ) (2000). 4 See Smith v. State, 267 Ga. 372, 374 (3) ( 477 SE2d 827 ) (1996). 5 Both Ms. Johnston and Bennett denied that Bennett hit her, a'though Ms. Johnston testified that he raised his hand as if he was going to do so.…
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Taylor v. State (2009)
Barnes and Phipps, JJ., concur. 1 Garcia v. State, 290 Ga. App. 164 ( 658 SE2d 904 ) (2008). 2 Id. 3 OCGA § 16-2-20 (b) (4). 4 (Citation and punctuation omitted.) Garcia, supra at 165 (2). 5 See Smith v. State, 267 Ga. 372, 375 (5) ( 477 SE2d 827 ) (1996) (jury authorized to find defendant who willingly engaged in gunfight on public street responsible for death of innocent bystander, even though another man fired bullet that struck victim; “the death was directly caused by t…
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Savior v. State (2008)
Cleary, Jr., Kurtz Criminal Offenses and Defenses in Georgia, p. 722 (2008 ed.) (“provocation in most voluntary manslaughter cases is ‘mutual combat’ ”). 15 Smith v. State, 267 Ga. 372, 375 ( 477 SE2d 827 ) (1996).
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Potter v. State (2008)
Smith v. State, 267 Ga. 372, 378 (12) ( 477 SE2d 827 ) (1996); Lynd v. State, 262 Ga. 58, 60 (8) ( 414 SE2d 5 ) (1992).
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Fortson v. State (2006)
Smith v. State, 267 Ga. 372, 378 (12) ( 477 SE2d 827 ) (1996).
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Robertson v. State (2006)
See also Wilkes v. State, 269 Ga. App. 532, 536 (4) ( 604 SE2d 601 ) (2004) ("There exists no specified amount of time which a counsel must spend in preparation for trial; each situation must he judged upon its own circumstances and in light of its own degree of complexity.”) (citation and punctuation omitted). 11 Compare Johnson v. State, 268 Ga. App. 1, 3-4 (1) (a) ( 601 SE2d 392 ) (2004) (although trial counsel’s preparation time was inadequate, the defendant could not de…
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Young v. State (2005)
Smith v. State, 267 Ga. 372, 374 (3) ( 477 SE2d 827 ) (1996).
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Garrison v. State (2005)
Smith v. State, 267 Ga. 372, 373 (2) ( 477 SE2d 827 ) (1996) (defendant’s failure to join co-defendant’s motion to sever, or to file his own, waives issue on appeal).
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Barker v. State (2005)
Pye v. State, 274 Ga. 839, 842 (6) ( 561 SE2d 109 ) (2002), citing Smith v. State, 267 Ga. 372, 373 (2) ( 477 SE2d 827 ) (1996).
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Barber v. State (2005)
Wyman v. State, 278 Ga. 339, 339-340 (1) ( 602 SE2d 619 ) (2004) (finding that evidence of defendant’s participation in a gunfight which resulted in the shooting of a bystander was sufficient to support his conviction for aggravated assault); Smith v. State, 267 Ga. 372, 373 (1), 375 (5) ( 477 SE2d 827 ) (1996). 2.
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Wyman v. State (2004)
Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Stroud v. State, 272 Ga. 76, 77 (1) ( 526 SE2d 344 ) (2000); Smith v. State, 267 Ga. 372, 373 (1), 375 ( 477 SE2d 827 ) (1996).
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Moody v. State (2004)
Moody does not have the right to be represented by counsel on appeal, and simultaneously to represent himself, see Smith v. State, 267 Ga. 372, 378 (12) ( 477 SE2d 827 ) (1996), and this fact is not changed by counsel’s typing Moody’s enumeration for him.
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McConnell v. State (2003)
Johnson, P. J., and Eldridge, J., concur. 1 (Citation and punctuation omitted.) Patterson v. State, 202 Ga. App. 440, 441 (1) ( 414 SE2d 895 ) (1992). 2 (Citation omitted.) Huckaby v. State, 127 Ga. App. 439, 440 (1) ( 194 SE2d 119 ) (1972); accord Mallory v. State, 225 Ga. App. 418, 422 (4) ( 483 SE2d 907 ) (1997) (“ ‘A criminal defendant will not be permitted to use the discharge of counsel and employment of another as a dilatory tactic in postponing or avoiding trial of t…
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Murphy v. State (2003)
(Citations omitted.) Smith v. State, 267 Ga. 372, 374 (3) ( 477 SE2d 827 ) (1996).
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Barge v. State (2002)
Anderson v. State, 237 Ga. App. 382, 383-384 (2) ( 515 SE2d 195 ) (1999). 1 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 2 Robinson v. State, 246 Ga. App. 576 (1) ( 541 SE2d 660 ) (2000). 3 The record actually shows that it was a simple assault charge rather than a battery charge that was not included in the certified copies of sentences admitted into evidence and acknowledged by Sidney Barge in his testimony. 4 Polk v. State, 202 Ga. App. 738, 739 (2…
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Morgan v. State (2002)
Pope, P. J., and Barnes, J., concur. 1 See Askew v. State, 248 Ga. App. 230 (1) ( 546 SE2d 15 ) (2001). 2 (Punctuation omitted.) Id. 3 See Reese v. State, 241 Ga. App. 350 -351 (1) ( 526 SE2d 867 ) (1999). 4 See Askew, supra. 5 See id.; Reese, supra. 6 London v. State, 247 Ga. App. 618, 620 (1) ( 544 SE2d 525 ) (2001). 7 See id. 8 See Smith v. State, 267 Ga. 372, 373 (2) ( 477 SE2d 827 ) (1996). 9 See id. at 373-374 . 10 Id. at 373 . 11 See id. at 373-374 ; see also Jones v.…
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Mobley v. Wright (2002)
OCGA § 9-10-7. “[Q]ualified jurors under oath are presumed to follow the trial court’s instructions.” Smith v. State, 267 Ga. 372, 374 (3) ( 477 SE2d 827 ) (1996) (evidence introduced for a limited purpose under limiting instructions from the court); see also Gomillion v. State, 236 Ga. App. 14, 19 (3) (d) ( 512 SE2d 640 ) (1999) (jury instructed not to consider indictment as evidence so that erroneously circled guilty on the indictment did not influence jury).
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Thomas v. State (2001)
Smith v. State, 267 Ga. 372, 373 (2) ( 477 SE2d 827 ) (1996).
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Johns v. State (2001)
Smith v. State, 267 Ga. 372, 374 (3) ( 477 SE2d 827 ) (1996). 4.
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Odom v. State (2000)
The victim told Christenson that “Ben fucked me.” 5 State v. Butler, supra at 450; Hawkins v. State, 236 Ga. App. 346 ( 512 SE2d 59 ) (1999); Randall v. State, 207 Ga. App. 637, 640 ( 428 SE2d 616 ) (1993). 6 See Ivester v. State, 252 Ga. 333, 335-336 (2) ( 313 SE2d 674 ) (1984). 7 As opposed to being framed narrowly as the prosecutor’s proper question to Dr. Christenson was framed, e.g., “Can you offer an opinion as to whether the child’s problems are or are not consistent …
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Knight v. State (1999)
Cf. Smith v. State, 267 Ga. 372, 376 (6) ( 477 SE2d 827 ) (1996). 3.
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Byrd v. State (1999)
He must demonstrate a clear showing of prejudice and a consequent denial of due process in the absence of severance. [Cit.]” Smith v. State, 267 Ga. 372, 373 (2) ( 477 SE2d 827 ) (1996).
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Gomillion v. State (1999)
The indictment is not evidence, it is the charge of the State of Georgia made by and through the Grand Jury of this County and you should not consider the indictment as evidence in the trial of this case.” It is well settled that “qualified jurors under oath are presumed to follow the instructions of the trial court.” Smith v. State, 267 Ga. 372, 374 (3) ( 477 SE2d 827 ) (1996).
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Isaac v. State (1998)
Owen v. State, 266 Ga. 312, 314 ( 467 SE2d 325 ) (1996). “[T]he law applicable to each defendant was substantially the same, and there is no showing that presentation of evidence regarding [the] defendants led to confusion in the minds of the jury.” Smith v. State, 267 Ga. 372, 373 (2) ( 477 SE2d 827 ) (1996).
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Cammon v. State (1998)
Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Smith v. State, 267 Ga. 372, 375 (5) ( 477 SE2d 827 ) (1996); Williams v. State, 267 Ga. 308, 309 (1, 2) ( 477 SE2d 570 ) (1996). 2.
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Lewis v. State (1997)
Smith v. State, 267 Ga. 372, 374 (3) ( 477 SE2d 827 ) (1996).
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Boatright v. State (2011)
See, e.g., Smith v. State, 267 Ga. 372, 375 (5) ( 477 SE2d 827 ) (1996); Foster v. State, 264 Ga. 369 (1) ( 444 SE2d 296 ) (1994).
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Stinchcomb v. State (2006)
See Smith v. State, 267 Ga. 372, 375 (5) ( 477 SE2d 827 ) (1996) (defendant involved in gunfight guilty of felony murder of *172 innocent bystander killed by bullet of other participant of gunfight).
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Crouch v. State (2005)
See Smith v. State, 267 Ga. 372, 378 (12) ( 477 SE2d 827 ) (1996).
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Craig v. State (2005)
See also Slinkard v. State, 259 Ga. App. 755, 760 (3) ( 577 SE2d 825 ) (2003), citing Smith v. State, 267 Ga. 372, 375 (4) ( 477 SE2d 827 ) (1996). 6 (Footnote omitted.) Hendrix v. State, 273 Ga. App. 792, 795 (2) ( 616 SE2d 127 ) (2005). 7 (Citations and punctuation omitted.) Jordan v. State, 212 Ga. 337, 340 (1) ( 92 SE2d 528 ) (1956).
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Hines v. State (2003)
See Smith v. State, 267 Ga. 372, 374 ( 477 SE2d 827 ) (1996); Dennis v. State, 263 Ga. 257, 258 ( 430 SE2d 742 ) (1993).
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Slinkard v. State (2003)
J., and Ellington, J., concur. 1 208 Ga. App. 431, 434 ( 430 SE2d 765 ) (1993). 2 McKay v. State, 234 Ga. App. 556, 559 ( 507 SE2d 484 ) (1998). 3 (Citations and punctuation omitted.) Bentley v. State, 210 Ga. App. 862 (1) ( 438 SE2d 110 ) (1993). 4 (Citation, punctuation, footnote and emphasis omitted.) Parks v. State, 246 Ga. App. 888, 889 (1) ( 543 SE2d 39 ) (2000). 5 Kevinezz v. State, 265 Ga. 78, 81 (2) (b) ( 454 SE2d 441 ) (1995); Morgan v. State, 212 Ga. App. 394 (1) …
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Holmes v. State (2001)
See also Smith v. State, 267 Ga. 372, 374 (3) ( 477 SE2d 827 ) (1996).
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Stobbart v. State (2000)
See Smith v. State, 267 Ga. 372, 374 (3) ( 477 SE2d 827 ) (1996).
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Berry v. State (1997)
See Smith v. State, 267 Ga. 372 ( 477 SE2d 827 ) (1996.) Berry’s cited instances of alleged prejudice due to the admission of evidence are likewise unavailing.