Moore v. State, 274 S.E.2d 107 (Ga. Ct. App. 1980). · Go Syfert
Moore v. State, 274 S.E.2d 107 (Ga. Ct. App. 1980). Cases Citing This Book View Copy Cite
72 citation events (31 in the last 25 years) across 4 distinct courts.
Strongest positive: DeHenre v. State (miss, 2010-07-01)
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981 2003 2026
Top citers, strongest first. 17 distinct citers.
discussed Cited as authority (rule) DeHenre v. State (2×)
Miss. · 2010 · confidence medium
And does the majority actually believe the potential juror could "put it aside?" [5] U.S. v. Davis, 583 F.2d 190, 196-198 (5th Cir.1978). [6] ABA Standards for Criminal Justice: Trial by Jury, Standard 15-2.4(e): Conduct of Voir Dire Examination (1993). [7] ABA Standards for Criminal Justice: Fair Trial and Free Press, Standard 8-3.5: Selecting the Jury (3d ed. 1992). [8] Davis, 583 F.2d at 196 . [9] Id. [10] Id. at 196-97 . [11] Id. [12] Id. at 197 . [13] Id. [14] This, of course, could be due to the fact that most courts would simply grant a mistrial. [15] Moore v. State, 156 Ga.App. 92, 92-…
discussed Cited as authority (rule) Malachy DeHenre v. State of Mississippi
Miss. · 2008 · confidence medium
He said that he would be the first one on the fire scene; that he would set the fire and then run back to the fire house.” 15 14 This, of course, could be due to the fact that most courts would simply grant a mistrial. 15 Moore v. State, 156 Ga. App. 92, 92-93 , 274 S.E.2d 107, 108 (1980). 26 ¶75.
discussed Cited as authority (rule) People v. Wells (2×)
NY · 2006 · confidence medium
Mach v Stewart, 137 F3d 630, 633 [9th Cir 1997]; Moore v State, 156 Ga App 92, 93, 274 SE2d 107, 108 [Ct App 1980]).
discussed Cited as authority (rule) Hash v. State
Ga. Ct. App. · 2001 · confidence medium
Johnson, P. J, and Smith, P. J., concur. 1 For sentencing, the trial court merged the disorderly conduct and aggravated assault convictions. 2 Jackson v. State, 236 Ga. App. 260 ( 511 SE2d 615 ) (1999). 3 (Footnotes omitted.) Gunsby v. State, 248 Ga. App. 18 (1) ( 545 SE2d 56 ) (2001). 4 See Gunsby, supra; Boyd v. State, 230 Ga. App. 314 (1) ( 497 SE2d 3 ) (1998); Gibbons v. State, 248 Ga. 858, 862-864 ( 286 SE2d 717 ) (1982). 5 Weaver v. State, 178 Ga. App. 91, 93 (2) ( 341 SE2d 921 ) (1986). 6 (Citations and punctuation omitted.) Sinyard v. State, 243 Ga. App. 218, 221 (2) ( 531 SE2d 140 ) (…
discussed Cited as authority (rule) Sinyard v. State
Ga. Ct. App. · 2000 · confidence medium
As stated in Moore v. State, 156 Ga. App. 92, 93 (1) ( 274 SE2d 107 ) (1980): It cannot seriously be argued that a prospective juror in [a criminal conversion] case could remain neutral after hearing sworn testimony by another prospective juror to the effect that the defendant was reputed to be a [cheat].
cited Cited as authority (rule) Frady v. State
Ga. Ct. App. · 1992 · confidence medium
The statement was not “inherently prejudicial.” Compare Moore v. State, 156 Ga. App. 92, 93 (1) ( 274 SE2d 107 ) (1980); Lingerfelt v. State, supra at 373-374 (1).
discussed Cited as authority (rule) Tubman v. State (2×)
Ga. Ct. App. · 1988 · confidence medium
While this court has held that statements by jurors on voir dire examination which are clearly prejudicial require empaneling a new jury, Lingerfelt v. State, 147 Ga. App. 371, 372 (1) ( 249 SE2d 100 ) (1978); Moore v. State, 156 Ga. App. 92, 93 (1) ( 274 SE2d 107 ) (1980), this does not mean that all statements which might be prejudicial require such action.
discussed Cited as authority (rule) Stone v. State
Ga. Ct. App. · 1984 · confidence medium
However, the trial court corrected him that this was not what the prospective juror stated, but instead the prospective juror had stated, “[h]e said that he didn’t know whether he knew him or not but he had a similar incident and he wanted to talk with the officer to see if he did know him or not.” The motion was then denied both before and after precautionary instructions were given to the jury “to totally disregard what [the juror] may have said because that has nothing to do with the trial of this case, and out of an abundance of precaution [the court has] excused that particular ju…
discussed Cited "see" Williams v. State (2×)
Ga. Ct. App. · 2001 · signal: see · confidence high
See Moore v. State, 156 Ga. App. 92, 93 (1) ( 274 SE2d 107 ) (1980) (in arson case, prospective juror’s statement that someone told him defendant was a “firebug” was inherently prejudicial); see also Lingerfelt v. State, 147 Ga. App. 371, 372 (1) ( 249 SE2d 100 ) (1978) (in rape case, prospective juror’s statement that he had heard defendant was a “peeping tom” was inherently prejudicial).
discussed Cited "see" Nelson v. State (2×)
Ga. Ct. App. · 1991 · signal: see · confidence high
See Moore v. State, 156 Ga. App. 92 (1) ( 274 SE2d 107 ) (1980).
discussed Cited "see" Johnson v. State (2×)
Ga. Ct. App. · 1988 · signal: see · confidence high
See Moore v. State, 156 Ga. App. 92 (1) ( 274 SE2d 107 ) (1980).
discussed Cited "see, e.g." Barnes v. State (2×)
Ga. · 2019 · signal: see, e.g. · confidence low
See, e.g., Moore v. State , 156 Ga. App. 92 , 93 (1), 274 S.E.2d 107 (1980) (prospective juror's statement that *306 defendant was a "firebug" where defendant was charged with arson was inherently prejudicial); Lingerfelt v. State , 147 Ga. App. 371 , 372-373 (1), 249 S.E.2d 100 (1978) (prospective juror's statement during voir dire that he heard defendant, who was on trial for burglary and rape, was a "peeping tom" was inherently prejudicial). (i) At the hearing on Barnes's motion for new trial, his trial counsel explained that after considering the issue, she elected to simply strike the pro…
discussed Cited "see, e.g." Barnes v. State (2×)
Ga. · 2019 · signal: see, e.g. · confidence medium
See, e.g., Moore v. State, 156 Ga. App. 92, 93 (1) ( 274 SE2d 107 ) (1980) (prospective juror’s statement that defendant was a “firebug” where defendant was charged with arson was inherently prejudicial); Lingerfelt v. State, 147 Ga. App. 371, 372-373 (1) ( 249 SE2d 100 ) (1978) (prospective juror’s statement during voir dire that he heard defendant, who was on trial for burglary and rape, was a “peeping tom” was inherently prejudicial). (i) At the hearing on Barnes’s motion for new trial, his trial counsel explained that after considering the issue, she elected to simply strike …
discussed Cited "see, e.g." Loftus v. State (2×)
Ga. Ct. App. · 1998 · signal: compare · confidence medium
Compare Lingerfelt v. State, 147 Ga. App. 371, 373 (1), supra, and Moore v. State, 156 Ga. App. 92, 93 (1) ( 274 SE2d 107 ).
discussed Cited "see, e.g." Marshall v. State (2×)
Ga. Ct. App. · 1990 · signal: compare · confidence low
Compare Moore v. State, 156 Ga. App. 92 ( 274 SE2d 107 ) (1980); Lingerfelt v. State, 147 Ga. App. 371 ( 249 SE2d 100 ) (1978).
discussed Cited "see, e.g." Giles v. State (2×)
Ga. · 1984 · signal: compare · confidence low
Compare, Coates v. State, 165 Ga. 191 ( 140 SE 287 ) (1927) (“I have heard so much against the defendant that I am prejudiced.”), with Moore v. State, 156 Ga. App. 92 ( 274 SE2d 107 ) (1980) (In an arson case: “I worked with a guy that said that . . . [the defendant] was a firebug.”) 3.
discussed Cited "see, e.g." Yarber v. State (2×)
Ga. Ct. App. · 1981 · signal: compare · confidence low
Compare Moore v. State, 156 Ga. App. 92 (1) ( 274 SE2d 107 ) (1980).
MOORE
v.
State
60561.
Court of Appeals of Georgia.
Oct 14, 1980.
274 S.E.2d 107
Charles L. Wilkinson, III, for appellant., Richard E. Allen, District Attorney, for appellee.
Banke.
Cited by 31 opinions  |  Published
Banke, Judge.

The appellant was charged in a single indictment with three counts of burglary and two counts of arson in the first degree. He pled not guilty to all five counts but during the trial of the case admitted that he had committed the three burglaries. His appeal is from the convictions on the two arson counts.

During voir dire, one of the prospective jurors volunteered the following information about the appellant: “He was a volunteer [fireman]. I worked with a guy that said that he was a firebug. He said[*93] that he would be the first one on the fire scene; that he would set the fire and then run back to the fire house.” (This statement was not responsive to any question asked of the panel members.) Defense counsel immediately challenged the jury poll, whereupon the trial court disqualified the panel member who had made the statement and asked the remaining panel members whether any of them felt that they could not give the appellant a fair trial in view of what they had heard. Hearing no response, he instructed them that the disqualified juror’s statement was hearsay and to disregard it. Defense counsel then made a motion for a mistrial or, in the alternative, a continuance, contending that no instruction could erase the prejudice which had necessarily resulted from the statement. The trial court responded that a motion for mistrial could not be entertained prior to the actual trial of the case. He then instructed the prospective jurors that the appellant was presumed innocent until proven guilty and again asked whether any of them felt incapable of deciding the case based on the evidence. Hearing no response, he denied the motion for continuance. Held:

1. It cannot seriously be argued that a prospective juror in an arson case could remain neutral after hearing sworn testimony by another prospective juror to the effect that the defendant was reputed to be a firebug. If such knowledge was sufficient to authorize the disqualification of the panel member who made the statement, as the trial court evidently concluded, it was necessarily sufficient to require the disqualification of the others.

This court was faced with a very similar situation in Lingerfelt v. State, 147 Ga. App. 371 (1) (249 SE2d 100) (1978). The defendant in that case was on trial for breaking into a woman’s home and raping her. During voir dire, one of the prospective jurors stated, in the presence of the other prospective jurors, that he could not be impartial because he had heard several persons state that the accused was a peeping tom. The court held that such a statement was “inherently prejudicial and deprived the appellant of his right to begin his trial with a jury ‘free from even a suspicion of prejudgment or fixed opinion ... [a]nd this is true although the challenged jurors qualified by their answers to the usual questions propounded.’ [Cits.]” Id. at 373-374. We find Lingerfelt to be controlling on the facts before us now. The case further requires us to reject the state’s contention that defense counsel did not properly preserve the issue for appellate review because he failed to obtain a ruling on his challenge to the poll and because the motions for mistrial and for continuance were not proper methods of raising the challenge. The only motion made by defense counsel in Lingerfelt was for a mistrial. We held that this was equivalent to a challenge to the poll, stating[*94] that “where the relief sought in a motion is clear and it is shown that the accused is entitled to the relief, it is error to deny it on the basis of a mere defect in nomenclature.” Id. at 373.

Submitted September 4, 1980 Decided October 14, 1980. Charles L. Wilkinson, III, for appellant. Richard E. Allen, District Attorney, for appellee.

2. In view of the above ruling, it is unnecessary to address the appellant’s remaining enumeration of error. <

Judgment reversed.

McMurray, P. J., and Smith, J, concur.