Shaw v. State, 440 S.E.2d 245 (Ga. Ct. App. 1994). · Go Syfert
Shaw v. State, 440 S.E.2d 245 (Ga. Ct. App. 1994). Cases Citing This Book View Copy Cite
55 citation events (17 in the last 25 years) across 2 distinct courts.
Strongest positive: Gabriel Rendon-Villasana v. State (gactapp, 2021-07-23)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 16 distinct citers.
discussed Cited as authority (rule) Gabriel Rendon-Villasana v. State
Ga. Ct. App. · 2021 · confidence medium
See Edwards v. State, 224 Ga. App. 14, 16 (1) (b) ( 479 SE2d 754 ) (1996) (despite victim being unable to identify assailant, evidence of crime committed in similar manner days later revealed common scheme or modus operandi sufficient to convict him of earlier crime); Shaw v. State, 211 Ga. App. 647, 648-649 (1) ( 440 SE2d 245 ) (1994) (evidence of identity in one burglary was established by modus operandi in other burglaries).
examined Cited as authority (rule) Collins v. State (3×)
Ga. Ct. App. · 2004 · confidence medium
NOTES [1] See, e.g., Willingham v. State, 262 Ga. 324 , 418 S.E.2d 25 (1992) (State abandoned felony murder count of indictment during trial and proceeded on remaining four counts). [2] Compare Ingram v. State, 211 Ga.App. 252, 253 (1), 438 S.E.2d 708 (1993) (the allegations contained in the counts of an indictment cannot be materially altered by striking from them or adding to them). [3] See Smith v. State, 213 Ga.App. 207, 208 (1), 444 S.E.2d 146 (1994) (objection must be registered to dismissal or nolle prosse of counts in order to complain on appeal). [4] (Citations omitted.) Morgan v. Sta…
discussed Cited as authority (rule) Tate v. State
Ga. Ct. App. · 2002 · confidence medium
J., and Miller, J., concur. 1 White v. State, 273 Ga. 787, 789 (2) ( 546 SE2d 514 ) (2001). 2 (Citations and punctuation omitted.) Allison v. State, 217 Ga. App. 580, 582 (2) ( 459 SE2d 557 ) (1995). 3 Chester v. State, 144 Ga. App. 717 -718 ( 242 SE2d 356 ) (1978). 4 See Abernathy v. State, 214 Ga. App. 364, 365 (1) ( 448 SE2d 30 ) (1994); Shaw v. State, 211 Ga. App. 647, 648-649 ( 440 SE2d 245 ) (1994). 5 183 Ga. App. 110 ( 357 SE2d 845 ) (1987). 6 274 Ga. 156, 163-164 (9) ( 549 SE2d 359 ) (2001). 7 Miller v. State, 208 Ga. App. 547 -548 (1) ( 430 SE2d 873 ) (1993); Moon v. State, 208 Ga. Ap…
discussed Cited as authority (rule) Holloway v. State
Ga. Ct. App. · 2000 · confidence medium
Smith, P. J, and Phipps, J., concur. 1 Ferguson v. State, 232 Ga. App. 616 ( 502 SE2d 556 ) (1998); Sawyers v. State, 211 Ga. App. 668, 669 (3) ( 440 SE2d 256 ) (1994). 2 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 Ferguson, supra; Sawyers, supra. 4 Hindman v. State, 234 Ga. App. 758, 762 (1) ( 507 SE2d 862 ) (1998). 5 Anderson v. State, 237 Ga. App. 382, 384 (2) ( 515 SE2d 195 ) (1999). 6 Champion v. State, 238 Ga. App. 48, 49 (1) (a) ( 517 SE2d 595 ) (1999); Letson v. State, 236 Ga. App. 340, 341 (2) ( 512 SE2d 55 ) (1999). 7 See Court of Appeals Rule 26 (c); Williams v. State, 168 Ga.…
discussed Cited as authority (rule) Shuman v. State
Ga. Ct. App. · 2000 · confidence medium
But when this hotel robbery is compared to the six previous hotel robberies committed by Shuman, the similarities in the offenses become so striking as to constitute evidence of a “signature crime.” See Smith v. State, 235 Ga. App. 134, 139 (4) ( 508 SE2d 490 ) (1998); Shaw v. State, 211 Ga. App. 647, 648-649 (1) ( 440 SE2d 245 ) (1994).
examined Cited as authority (rule) Teat v. State (3×) also: Cited "see"
Ga. Ct. App. · 1999 · confidence medium
Shaw v. State, 211 Ga. App. at 649 (2), supra. Judgment affirmed.
cited Cited as authority (rule) Brewer v. State
Ga. Ct. App. · 1995 · confidence medium
Shaw v. State, 211 Ga. App. 647, 649 (2) ( 440 SE2d 245 ).
cited Cited as authority (rule) Brown v. State
Ga. · 1994 · confidence medium
See, e.g., Busbee v. State, 205 Ga. App. 533, 534 ( 423 SE2d 3 ) (1992); Shaw v. State, 211 Ga. App. 647, 649 (2) ( 440 SE2d 245 ) (1994).
discussed Cited as authority (rule) Johnson v. State (2×)
Ga. Ct. App. · 1994 · confidence medium
Hill v. Balkcom, 213 Ga. 58 (1) ( 96 SE2d 589 ) (1957).” Shaw v. State, 211 Ga. App. 647, 649 (2) ( 440 SE2d 245 ).
discussed Cited as authority (rule) White v. State (2×)
Ga. Ct. App. · 1994 · confidence medium
Hill v. Balkcom, 213 Ga. 58 (1) ( 96 SE2d 589 )." Shaw v. State, 211 Ga. App. 647, 649 (2) ( 440 SE2d 245 ).
discussed Cited "see" Esquivel v. State (2×)
Ga. Ct. App. · 1999 · signal: see · confidence high
See Shaw v. State, 211 Ga. App. 647, 649 (2) ( 440 SE2d 245 ).
examined Cited "see" Hardy v. State (5×)
Ga. Ct. App. · 1996 · signal: see · confidence high
See Shaw v. State, 211 Ga.App. 647, 648-649 (1), 440 S.E.2d 245 (1994).
discussed Cited "see" Edwards v. State (2×)
Ga. Ct. App. · 1996 · signal: see · confidence high
See Shaw v. State, 211 Ga. App. 647, 648 (1) ( 440 SE2d 245 ) (1994). 2.
discussed Cited "see, e.g." Mark Daniel Wise, Sr. v. State (2×)
Ga. Ct. App. · 2013 · signal: see also · confidence medium
See also Shaw v. State, 211 Ga. App. 647, 648-649 (1) ( 440 SE2d 245 ) (1994) (jury could reasonably infer defendant’s identity as burglar of third residence based on logical connection between that burglary and the burglaries of two other residences charged in same indictment in which defendant had been “caught red-handed by eyewitnesses”).4 Judgment affirmed.
discussed Cited "see, e.g." Wise v. State (2×)
Ga. Ct. App. · 2013 · signal: see also · confidence medium
See also Shaw v. State, 211 Ga. App. 647, 648-649 (1) ( 440 SE2d 245 ) (1994) (jury could reasonably infer defendant’s identity as burglar of third residence based on logical connection between that burglary and the burglaries of two other residences charged in same indictment in which defendant had been “caught red-handed by eyewitnesses”). 4 Decided December 10, 2013.
discussed Cited "see, e.g." Ellerbee v. State (2×)
Ga. Ct. App. · 2000 · signal: compare · confidence medium
Compare Williams v. State, supra, 261 Ga. at 642 (2) (c) (State must do more than merely introduce certified copy of conviction in order to demonstrate sufficient connection). 12 (Citation and punctuation omitted.) Smith v. State, 270 Ga. 68, 69 (2) ( 508 SE2d 145 ) (1998). 13 (Citations omitted.) Cole v. State, 216 Ga. App. 68, 70 (1) ( 453 SE2d 495 ) (1994). 14 Williams v. State, supra, 261 Ga. at 642 (2) (b), fn. 2. 15 (Citation and punctuation omitted.) Cole v. State, supra, 216 Ga. App. at 70 (1). 16 See, e.g., Shaw v. State, 211 Ga. App. 647, 648 (1) ( 440 SE2d 245 ) (1994).
Shaw
v.
the State
A93A1832.
Court of Appeals of Georgia.
Jan 12, 1994.
440 S.E.2d 245
T. Neal Brunt, for appellant., T. Joseph Campbell, District Attorney, Sharon M. Fox, Assistant District Attorney, for appellee.
Cooper, Beasley, Smith.
Cited by 25 opinions  |  Published
Cooper, Judge.

Robert Leon Shaw was tried before a jury and found guilty of three counts of burglary. A motion for new trial was denied, and he appeals from the judgment of conviction and sentence entered by the trial court on the jury’s verdicts of guilt and the denial of his motion for new trial.

1. The general grounds are enumerated as to each conviction.[*648] Viewed in the light most favorable to the verdict, the evidence adduced below would authorize the following: In the mid-morning hours of October 10,1991, the home of Ernest Barton was burglarized. Jewelry and a VCR were taken while other portable valuables were left undisturbed. Appellant was identified as the man seen running from the back door of Mr. Barton’s home. He jumped into a small black car, Georgia tag number HKD 591, and drove off. On October 16, Officer Clark of the Bartow County Sheriff’s Department investigated two reported daytime burglaries at adjacent homes on Dean Road. Cathy Porter Jones identified appellant as the strange man she found in her home holding her VCR and a jewelry box in his hands. The door had been forced open. After grappling with Ms. Jones, appellant drove off in a black automobile, Georgia tag number HKD 591. Dot Hall testified that her home, next to Ms. Jones’ residence, also had been burglarized that morning. The door had been similarly forced and jewelry and a VCR were missing. The next day, police located a black vehicle with the tag number HKD 591. This vehicle was registered to a Ronnie Reynolds and had been reported stolen as of October 16, 1991. Inside of this vehicle were articles of jewelry identified by Ms. Jones as items stolen from her home in the burglary of October 16.

As to the burglaries of the Barton and Jones’ residences, where appellant was caught red-handed by eyewitnesses, the evidence adduced below was sufficient to authorize a rational trier of fact reasonably to find proof of appellant’s guilt beyond a reasonable doubt. Miller v. State, 208 Ga. App. 547 (1) (430 SE2d 873) (1993); Wooten v. State, 160 Ga. App. 747 (3) (288 SE2d 94) (1981). As to the intervening burglary of the Hall residence, the evidence is entirely circumstantial. “To warrant a conviction on circumstantial evidence, the proved facts shall not only be consistent with the hypothesis of guilt, but shall exclude every other reasonable hypothesis save that of the guilt of the accused.” OCGA § 24-4-6. In this case, no one saw appellant enter the Hall residence, there is no fingerprint evidence establishing appellant’s presence inside the residence, and none of the items stolen from the home were discovered in appellant’s possession. It is undisputed, however, that the Hall residence was subject to an unauthorized and forcible entry during which a VCR and some jewelry were stolen. The jury was authorized to find that appellant had the opportunity to burglarize the Hall residence, since they believed beyond a reasonable doubt that appellant burglarized the adjacent Jones’ residence that same morning. The modus operandi, whereby appellant kicked in the door and stole only VCR’s and jewelry during the rash of mid-morning burglaries, leaving items which had been neatly placed to one side of the VCR, is in the nature of a signature and thus is some evidence of the identity of the perpetrator of the[*649] Hall burglary. Felker v. State, 252 Ga. 351 (1a) (314 SE2d 621) (1984). The circumstantial evidence in this case is sufficient to authorize an inference of guilt which excludes any reasonable hypothesis that anyone other than appellant committed the Hall burglary. Id. at 360 (1a). The general grounds are without merit.

Decided January 12, 1994. T. Neal Brunt, for appellant. T. Joseph Campbell, District Attorney, Sharon M. Fox, Assis [*650] tant District Attorney, for appellee.

[*649] 2. As a special ground for new trial, appellant urged the ineffectiveness of trial counsel arising out of the following circumstances: As part of its case-in-chief, the State had the eyewitnesses recount for the jury their identification of appellant from a photographic line-up. The exhibits of the photographic array were edited by the State to delete any showing of police identification numbers as part of the mug shots. However, when defense counsel sought to cross-examine the eyewitnesses, he did so with a series of photographic arrays, including an exhibit which had not been so edited when tendered as a defense exhibit. Appellant contends that trial counsel unprofessionally placed his character in issue and enumerates as error the overruling of his motion for new trial on this ground. The State responds that this was induced error.

Although the State appears to concede that trial counsel’s use of the unedited photographic line-up is professional error, we agree with the trial court that, in this instance, the substance of the matter is more properly analyzed as trial tactics and strategy. A passing reference to the fact that the accused has been arrested does not place his character in issue. Miller v. State, 260 Ga. 191 (11) (391 SE2d 642) (1990). This defense exhibit, a picture of appellant with a police identification number, likewise is not evidence of a prior conviction and so did not place appellant’s character in evidence. Little v. State, 135 Ga. App. 772 (1) (219 SE2d 19) (1975). The use of this exhibit for such patently legitimate purposes of cross-examination is not any evidence that trial counsel’s conduct fell below that standard of reasonably effective assistance which members of the bar in good standing are presumed to render, as that right to effective assistance is protected by both the Georgia and federal constitutions. Hill v. Balkcom, 213 Ga. 58 (1) (96 SE2d 589) (1957). The trial court correctly denied appellant’s motion for new trial on the ground of ineffective assistance of trial counsel. See generally Kight v. State, 181 Ga. App. 874 (3) (354 SE2d 202) (1987).

Judgment affirmed.

Beasley, P. J., and Smith, J., concur.