Hall v. State, 339 S.E.2d 658 (Ga. Ct. App. 1986). · Go Syfert
Hall v. State, 339 S.E.2d 658 (Ga. Ct. App. 1986). Cases Citing This Book View Copy Cite
22 citation events across 1 distinct court.
Strongest positive: Helton v. State (gactapp, 1998-10-28)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 4 distinct citers.
cited Cited as authority (rule) Helton v. State
Ga. Ct. App. · 1998 · confidence medium
Hall v. State, 177 Ga. App. 464, 465 ( 339 SE2d 658 ) (1986).
discussed Cited as authority (rule) Riley v. State.
Ga. Ct. App. · 1987 · confidence medium
The trial court’s denial of that motion is enumerated as error. “ ‘The granting or refusing of a motion for mistrial is necessarily a matter largely within the discretion of the trial judge, and unless it is apparent that a mistrial is essential to the preservation of the right to a fair trial, the exercise of the judge’s discretion will not be interfered with.’ [Cit.] No abuse of discretion occurred.” Hall v. State, 177 Ga. App. 464, 465 ( 339 SE2d 658 ) (1986). “ ‘Evidence, whether objected to or not, can be as effectually withdrawn by means of the charge of the court as by a…
discussed Cited "see, e.g." Tuten v. State (2×)
Ga. Ct. App. · 2000 · signal: see also · confidence medium
See also Flynn v. State, 255 Ga. 415, 419 (6) (a) ( 339 SE2d 259 ) (1986) (“a motion for mistrial not made contemporaneously with the alleged misconduct makes the motion not timely”). 6 See Stephens, supra. 7 239 Ga. 709 ( 239 SE2d 149 ) (1977). 8 Id. at 712 (5). 9 Id. 10 234 Ga. 901 ( 218 SE2d 629 ) (1975). 11 Id. at 902 (2). 12 236 Ga. 434 ( 224 SE2d 15 ) (1976). 13 Id. at 439 . 14 (Citations omitted.) Knight v. State, 243 Ga. 770, 775 (3) ( 257 SE2d 182 ) (1979). 15 See Benjamin v. State, 211 Ga. App. 670, 672 (2) ( 440 SE2d 259 ) (1994) (“a police officer’s references to ... the de…
discussed Cited "see, e.g." Davis v. State (2×)
Ga. Ct. App. · 1993 · signal: see also · confidence low
Pretermitting consideration of whether this testimony was relevant to any question of identification at issue in the case, see Hart v. State, 174 Ga. App. 134, 135 (1) ( 329 SE2d 178 ) (1985), we conclude that Detective Kelly’s brief passing reference to a prior arrest in the course of a narrative response “falls just short of putting the defendant’s character in issue.” Ogles v. State, 238 Ga. 716, 717 ( 235 SE2d 384 ) (1977); see also Hall v. State, 177 Ga. App. 464 ( 339 SE2d 658 ) (1986).
Hall
v.
the State
71259.
Court of Appeals of Georgia.
Jan 7, 1986.
339 S.E.2d 658
George W. Woodall, for appellant., Hobart M. Hind, District Attorney, L. Earl Jones, Assistant District Attorney, for appellee.
Beasley, Been, Pope.
Cited by 10 opinions  |  Published
Beasley, Judge.

Appellant was convicted of selling marijuana, a controlled substance. OCGA § 16-13-30 (j) (1). On appeal he contends that the trial court erred in denying his motion for mistrial. The motion followed the state’s questioning of its witness, a police investigator. The sale had been made to her by a person then known to the witness as “Lip” and also as “James Phillips.” To establish the identity of that seller as being the appellant and thus connect the transaction with the person on trial, the state asked where the witness had obtained appellant’s name from, to which she responded: “Throughout the evidence we looked up pictures that the local drug unit has here in Albany and we identified one of the pictures as James — [appellant].” The witness’ reference to “local drug unit,” appellant argues, suggested that he had a prior criminal record, thereby improperly placing his character in issue, although he concedes that a reference to “police records” or “mug shots” would be allowed.

Evidence of a defendant’s bad character cannot be introduced unless the defendant first chooses to put his character in issue. Stanley v. State, 250 Ga. 3 (1) (295 SE2d 315) (1982).

In Gravitt v. State, 239 Ga. 709, 712 (5) (239 SE2d 149) (1977), the Supreme Court held that a policeman’s testimony regarding the defendant’s “mug shot from the files of the DeKalb County Police Department” did not put the defendant’s character in issue, reasoning “that such evidence, without more, contains nothing to indicate that the defendant was guilty of previous crimes.” The Court in Woodard v. State, 234 Ga. 901, 902 (2) (218 SE2d 629) (1975), reached the same conclusion upon reviewing a detective’s testimony that “I decided to pull some pictures of [defendant] from our file.”

In Ogles v. State, 238 Ga. 716 (235 SE2d 384) (1977), a police officer was asked, during the state’s presentation of its case, when he discovered the defendant’s true name. The officer replied, “After I checked his record.” The Court held that the response fell “just short of putting the defendant’s character in issue.” Id. at 717.

Similarly, in Jones v. State, 250 Ga. 166, 169 (3) (296 SE2d 598) (1982), where a detective had testified that during the course of his[*465] investigation he “ ‘went to (the police department) identification section . . . and checked the name’ ” of defendant, the Court concluded that defendant’s character had not been placed in issue. It explained, “Unlike the police officer’s statement in Ogles, Arcangeli’s [the detective’s] statement that he checked appellant’s name in the identification files does not directly imply that the person whose name was checked had a criminal record. ‘Here, the statement was made but once and the police officer, although experienced, was merely responding in narrative form to questions asking him to explain what he did to attempt to locate and identify the person who had committed the offenses. [Cits.]” Id.

Decided January 7, 1986. George W. Woodall, for appellant. Hobart M. Hind, District Attorney, L. Earl Jones, Assistant District Attorney, for appellee.

In accordance with the cases cited above, the testimony in the present case did not place appellant’s character in issue, as it, without more, did not imply he had a prior criminal record.

Moreover, even if character had thereby been placed in issue, his appeal would fail. The trial court offered to give curative instructions to the jury after denying appellant’s motion for mistrial, but defense counsel declined the offer. Thus, appellant may not now complain. Jones, supra, 250 Ga. App. at 168.

“The granting or refusing of a motion for mistrial is necessarily a matter largely within the discretion of the trial judge, and unless it is apparent that a mistrial is essential to the preservation of the right to a fair trial, the exercise of the judge’s discretion will not be interfered with.” Stanley, supra, 250 Ga. at 4. No abuse of discretion occurred.

Judgment affirmed.

Been, P. J., and Pope, J., concur.