omission instruction in Georgia

2026And an appellant’s “failure to object … to the omission of an instruction[] precludes appellate review of the instruction unless such portion of the jury charge constitutes plain error which affects substantial rights of the parties.” Id. (quotation marks omitted).

2025See Rowland v. State, 264 Ga. 872, 874 (1995) (“The attempts to provide sua sponte appellate review of criminal appeals notwithstanding incomplete appellate filings, while laudable, do a disservice to the courts, the criminal defendant, and appellate counsel.”), overruled on other grounds by Cook v. State, 313 Ga. 471 (2022). 3 See, e.g., Woschula v. State, No. S25A0789, Slip Op. at *2 (Ga. Oct. 15, 2025) (noting that “[b]ecause [appellant] failed to renew his objection to the omission of this instruction after the charges were given, this claim is reviewed for plain error”); accord Jivens v.

2023See also Kelly, 290 Ga. at 34 (2) (b) (holding that “the omission of the instruction did not affect the outcome of the proceedings”).

2023See also Kelly, 290 Ga. at 34 (2) (b) (holding that “the omission of the instruction did not affect the outcome of the proceedings”).

2023A 6 party’s failure to object to the instruction as given, or to the omission of an instruction, precludes appellate review of the instruction “‘unless such portion of the jury charge constitutes plain error which affects substantial rights of the parties.’” White, 291 Ga. at 8 (2) (quoting OCGA § 17-8-58 (b)).

2023A party’s failure to object to the instruction as given, or to the omission of an instruction, precludes appellate review of the instruction “‘unless such portion of the jury charge constitutes plain error which affects substantial rights of the parties.’” White, 291 Ga. at 8 (2) (quoting OCGA § 17-8-58 (b)).

2018Wilson v. State , 301 Ga. 689 , 693 (3), 804 S.E.2d 54 (2017).

2018Wilson v. State , 301 Ga. 689 , 693 (3), 804 S.E.2d 54 (2017).

2018"In evaluating claims of instructional error, we examine the jury charge as a whole." Woodard v. State , 296 Ga. 803 , 806-807, 771 S.E.2d 362 (2015).

2018"In evaluating claims of instructional error, we examine the jury charge as a whole." Woodard v. State , 296 Ga. 803 , 806-807, 771 S.E.2d 362 (2015).

2016Rather, we note that in its bankruptcy proceedings, Stock indicated that there would be funds available for distribution to creditors, and therefore the failure to identify the lien as a potential asset did not affect the amount the creditors received. 5 See id. (noting that the petitioner did not accrue any benefit from the omission of a claim).

2002The omission of the claim therefore “did not gamer [the Carters] any advantage during the bankruptcy proceedings, and did not deprive any creditors of resources against which they would satisfy their claims.” Period Homes v. Wallick, 275 Ga. 486, 489 (2) ( 569 SE2d 502 ) (2002).

2025See Williams v. State, 308 Ga. 228, 232-233 (2) (838 SE2d 764) (2020) (“[W]hen an appellant fails to carry his burden of showing that such an erroneous instruction actually affected his substantial rights or likely affected the outcome of the trial, the error does not constitute plain error.”).

2025See Williams v. State, 308 Ga. 228, 232-233 (2) (838 SE2d 764) (2020) (“[W]hen an appellant fails to carry his burden of showing that such an erroneous instruction actually affected his substantial rights or likely affected the outcome of the trial, the error does not constitute plain error.”).

2025See Mims v. State, 310 Ga. 853 , 854 n.2 ( 854 SE2d 742 ) (2021).

2025See Mims v. State, 310 Ga. 853 , 854 n.2 ( 854 SE2d 742 ) (2021).

2025See Rowland v. State, 264 Ga. 872, 874 (1995) (“The attempts to provide sua sponte appellate review of criminal appeals notwithstanding incomplete appellate filings, while laudable, do a disservice to the courts, the criminal defendant, and appellate counsel.”), overruled on other grounds by Cook v. State, 313 Ga. 471 (2022). 3 See, e.g., Woschula v. State, No. S25A0789, Slip Op. at *2 (Ga. Oct. 15, 2025) (noting that “[b]ecause [appellant] failed to renew his objection to the omission of this instruction after the charges were given, this claim is reviewed for plain error”); accord Jivens v.

2025See Hart, 917 SE2d at 645 (concluding that the appellant could not show that the omission of an instruction on confession corroboration likely affected the outcome of her trial because “there was sufficient corroboration of [the appellant’s] statements”); Davis v. State, 316 Ga. 418, 423 (2023) (holding that the appellant could not show that the trial court’s failure to instruct on confession corroboration likely affected the outcome of his trial because “there was ample, strongly inculpatory corroborating evidence”); Hooper, 313 Ga. at 456–57 (explaining that the appellant did not establish t

2025See Rowland v. State, 264 Ga. 872, 874 (1995) (“The attempts to provide sua sponte appellate review of criminal appeals notwithstanding incomplete appellate filings, while laudable, do a disservice to the courts, the criminal defendant, and appellate counsel.”), overruled on other grounds by Cook v. State, 313 Ga. 471 (2022). 3 See, e.g., Woschula v. State, No. S25A0789, Slip Op. at *2 (Ga. Oct. 15, 2025) (noting that “[b]ecause [appellant] failed to renew his objection to the omission of this instruction after the charges were given, this claim is reviewed for plain error”); accord Jivens v.

2024See OCGA § 17-8-58; Baker v. State, 319 Ga. 456, 461 (2) (902 4 Specifically, the trial court charged the jury: “The testimony of a single witness, if believed, is sufficient to establish a fact.

2022The effect of the omission of an instruction on unlawful manner involuntary manslaughter is suggested by the jury’s questions to the trial court during its lengthy deliberations, repeatedly expressing concerns regarding the question of McIver’s intent and ultimately stating after four-and-a-half days of deliberations that it was deadlocked on that very question. 55 See Davidson v. State, 304 Ga. 55 During its deliberations, the jury sent out numerous questions to the trial court, beginning with, “If not guilty on 1 through 4 [malice murder, felony 75 460, 471 (4) (819 SE2d 452) (2018) (conclud

2022The effect of the omission of an instruction on unlawful manner involuntary manslaughter is suggested by the jury’s questions to the trial court during its lengthy deliberations, repeatedly expressing concerns regarding the question of McIver’s intent and ultimately stating after four-and-a-half days of deliberations that it was deadlocked on that very question. 55 See Davidson v. State, 304 Ga. 55 During its deliberations, the jury sent out numerous questions to the trial court, beginning with, “If not guilty on 1 through 4 [malice murder, felony 75 460, 471 (4) (819 SE2d 452) (2018) (conclud

2021See, e.g., Hood v. State, __ Ga. __ (860 SE2d 432, 442 (2)) (2021) (pretermitting whether the failure to give the instruction constituted clear and obvious error and determining that the outcome was not likely affected by the omission of the instruction); Horton v. State, 310 Ga. 310, 322 (3) (b) (849 SE2d 382) (2020) (same); Clarke, 308 Ga. at 637 (5) (same); English v. State, 300 Ga. 471, 473-475 (2) (796 SE2d 258) (2017) (same); Rashid v. State, 292 49 Ga. 414, 422 (7) (737 SE2d 692) (2013) (same).24 Additionally, the Court of Appeals has held that, absent a timely request for a similar for

2021See, e.g., Hood v. State, __ Ga. __ (860 SE2d 432, 442 (2)) (2021) (pretermitting whether the failure to give the instruction constituted clear and obvious error and determining that the outcome was not likely affected by the omission of the instruction); Horton v. State, 310 Ga. 310, 322 (3) (b) (849 SE2d 382) (2020) (same); Clarke, 308 Ga. at 637 (5) (same); English v. State, 300 Ga. 471, 473-475 (2) (796 SE2d 258) (2017) (same); Rashid v. State, 292 49 Ga. 414, 422 (7) (737 SE2d 692) (2013) (same).24 Additionally, the Court of Appeals has held that, absent a timely request for a similar for

2021We see no error. “‘[T]o authorize a jury instruction on a lesser included offense, there must be some evidence in the record that the defendant committed that offense.’” Stepp-McCommons v. State, 309 Ga. 400, 403 (845 SE2d 643) (2020) (citation omitted).

2021We see no error. “‘[T]o authorize a jury instruction on a lesser included offense, there must be some evidence in the record that the defendant committed that offense.’” Stepp-McCommons v. State, 309 Ga. 400, 403 (845 SE2d 643) (2020) (citation omitted).

2021See, e.g., Hood v. State, __ Ga. __ (860 SE2d 432, 442 (2)) (2021) (pretermitting whether the failure to give the instruction constituted clear and obvious error and determining that the outcome was not likely affected by the omission of the instruction); Horton v. State, 310 Ga. 310, 322 (3) (b) (849 SE2d 382) (2020) (same); Clarke, 308 Ga. at 637 (5) (same); English v. State, 300 Ga. 471, 473-475 (2) (796 SE2d 258) (2017) (same); Rashid v. State, 292 49 Ga. 414, 422 (7) (737 SE2d 692) (2013) (same).24 Additionally, the Court of Appeals has held that, absent a timely request for a similar for

2021See, e.g., Hood v. State, __ Ga. __ (860 SE2d 432, 442 (2)) (2021) (pretermitting whether the failure to give the instruction constituted clear and obvious error and determining that the outcome was not likely affected by the omission of the instruction); Horton v. State, 310 Ga. 310, 322 (3) (b) (849 SE2d 382) (2020) (same); Clarke, 308 Ga. at 637 (5) (same); English v. State, 300 Ga. 471, 473-475 (2) (796 SE2d 258) (2017) (same); Rashid v. State, 292 49 Ga. 414, 422 (7) (737 SE2d 692) (2013) (same).24 Additionally, the Court of Appeals has held that, absent a timely request for a similar for

2021See, e.g., Hood v. State, __ Ga. __ (860 SE2d 432, 442 (2)) (2021) (pretermitting whether the failure to give the instruction constituted clear and obvious error and determining that the outcome was not likely affected by the omission of the instruction); Horton v. State, 310 Ga. 310, 322 (3) (b) (849 SE2d 382) (2020) (same); Clarke, 308 Ga. at 637 (5) (same); English v. State, 300 Ga. 471, 473-475 (2) (796 SE2d 258) (2017) (same); Rashid v. State, 292 49 Ga. 414, 422 (7) (737 SE2d 692) (2013) (same).24 Additionally, the Court of Appeals has held that, absent a timely request for a similar for

2021See, e.g., Hood v. State, __ Ga. __ (860 SE2d 432, 442 (2)) (2021) (pretermitting whether the failure to give the instruction constituted clear and obvious error and determining that the outcome was not likely affected by the omission of the instruction); Horton v. State, 310 Ga. 310, 322 (3) (b) (849 SE2d 382) (2020) (same); Clarke, 308 Ga. at 637 (5) (same); English v. State, 300 Ga. 471, 473-475 (2) (796 SE2d 258) (2017) (same); Rashid v. State, 292 49 Ga. 414, 422 (7) (737 SE2d 692) (2013) (same).24 Additionally, the Court of Appeals has held that, absent a timely request for a similar for

2021See Herrington v. State, 243 Ga. App. 265, 266-267 (3) (533 SE2d 133) (2000).25 24 Although it did not appear to explicitly consider the issue under the plain-error framework, the Court of Appeals reached a similar conclusion in Armstrong v. State, 325 Ga. App. 33, 36-37 (2) (752 SE2d 120) (2013), and Farley v. State, 314 Ga. App. 660, 666-667 (5) (725 SE2d 794) (2012), when it held in each case that there was no reversible error in failing to sua sponte instruct the jury regarding corroboration of a confession where the defendant did not request the instruction and his statement was corrobora

2021See Herrington v. State, 243 Ga. App. 265, 266-267 (3) (533 SE2d 133) (2000).25 24 Although it did not appear to explicitly consider the issue under the plain-error framework, the Court of Appeals reached a similar conclusion in Armstrong v. State, 325 Ga. App. 33, 36-37 (2) (752 SE2d 120) (2013), and Farley v. State, 314 Ga. App. 660, 666-667 (5) (725 SE2d 794) (2012), when it held in each case that there was no reversible error in failing to sua sponte instruct the jury regarding corroboration of a confession where the defendant did not request the instruction and his statement was corrobora

2021See Herrington v. State, 243 Ga. App. 265, 266-267 (3) (533 SE2d 133) (2000).25 24 Although it did not appear to explicitly consider the issue under the plain-error framework, the Court of Appeals reached a similar conclusion in Armstrong v. State, 325 Ga. App. 33, 36-37 (2) (752 SE2d 120) (2013), and Farley v. State, 314 Ga. App. 660, 666-667 (5) (725 SE2d 794) (2012), when it held in each case that there was no reversible error in failing to sua sponte instruct the jury regarding corroboration of a confession where the defendant did not request the instruction and his statement was corrobora

2021See Herrington v. State, 243 Ga. App. 265, 266-267 (3) (533 SE2d 133) (2000).25 24 Although it did not appear to explicitly consider the issue under the plain-error framework, the Court of Appeals reached a similar conclusion in Armstrong v. State, 325 Ga. App. 33, 36-37 (2) (752 SE2d 120) (2013), and Farley v. State, 314 Ga. App. 660, 666-667 (5) (725 SE2d 794) (2012), when it held in each case that there was no reversible error in failing to sua sponte instruct the jury regarding corroboration of a confession where the defendant did not request the instruction and his statement was corrobora

2021See Herrington v. State, 243 Ga. App. 265, 266-267 (3) (533 SE2d 133) (2000).25 24 Although it did not appear to explicitly consider the issue under the plain-error framework, the Court of Appeals reached a similar conclusion in Armstrong v. State, 325 Ga. App. 33, 36-37 (2) (752 SE2d 120) (2013), and Farley v. State, 314 Ga. App. 660, 666-667 (5) (725 SE2d 794) (2012), when it held in each case that there was no reversible error in failing to sua sponte instruct the jury regarding corroboration of a confession where the defendant did not request the instruction and his statement was corrobora

2021See Herrington v. State, 243 Ga. App. 265, 266-267 (3) (533 SE2d 133) (2000).25 24 Although it did not appear to explicitly consider the issue under the plain-error framework, the Court of Appeals reached a similar conclusion in Armstrong v. State, 325 Ga. App. 33, 36-37 (2) (752 SE2d 120) (2013), and Farley v. State, 314 Ga. App. 660, 666-667 (5) (725 SE2d 794) (2012), when it held in each case that there was no reversible error in failing to sua sponte instruct the jury regarding corroboration of a confession where the defendant did not request the instruction and his statement was corrobora

2020See OCGA § 17-8-58 (a); Reed v. State, 304 Ga. 400, 405 ( 819 SE2d 44 ) (2018).

2020See OCGA § 17-8-58 (a); Reed v. State, 304 Ga. 400, 405 ( 819 SE2d 44 ) (2018).

2016Pretermitting *871 whether the omission was error in this case, see Division 4, infra, we conclude that there is no likelihood that it affected the outcome of the trial in light of the content of Ferguson’s telephone conversations with A. G. while she was in jail and the other evidence discussed in Division 1, supra. Tremblay v. State, 329 Ga. App. 139, 143 (2) ( 764 SE2d 163 ) (2014).

2016Pretermitting *871 whether the omission was error in this case, see Division 4, infra, we conclude that there is no likelihood that it affected the outcome of the trial in light of the content of Ferguson’s telephone conversations with A. G. while she was in jail and the other evidence discussed in Division 1, supra. Tremblay v. State, 329 Ga. App. 139, 143 (2) ( 764 SE2d 163 ) (2014).

2012See Allen v. State, 290 Ga. 743, 745-746 (3) ( 723 SE2d 684 ) (2012). 5.

2012See Allen v. State, 290 Ga. 743, 745-746 (3) ( 723 SE2d 684 ) (2012). 5.

2003Head v. Ferrell, supra at 401-402 (III), 554 S.E.2d 155 ; Turpin v. Todd, supra at 824-829 (2), 493 S.E.2d 900 ; Turpin v. Mobley, 269 Ga. 635, 637 (2), 502 S.E.2d 458 (1998).

2003Head v. Ferrell, supra at 401-402 (III); Turpin v. Todd, supra at 824-829 (2); Turpin v. Mobley, 269 Ga. 635, 637 (2) ( 502 SE2d 458 ) (1998).