Grier v. State, 463 S.E.2d 130 (Ga. Ct. App. 1995). · Go Syfert
Grier v. State, 463 S.E.2d 130 (Ga. Ct. App. 1995). Cases Citing This Book View Copy Cite
98 citation events (40 in the last 25 years) across 2 distinct courts.
Strongest positive: Ginn v. State (gactapp, 2008-09-30)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 41 distinct citers.
cited Cited as authority (rule) Ginn v. State
Ga. Ct. App. · 2008 · confidence medium
(Citations and punctuation omitted.) Grier v. State, 218 Ga. App. 637, 638 (1) ( 463 SE2d 130 ) (1995).
cited Cited as authority (rule) McKinney v. State
Ga. Ct. App. · 2008 · confidence medium
Grier v. State, 218 Ga. App. 637, 638 (1) ( 463 SE2d 130 ) (1995).
cited Cited as authority (rule) Rivera v. State
Ga. Ct. App. · 2008 · confidence medium
Grier v. State, 218 Ga. App. 637, 638 (1) ( 463 SE2d 130 ) (1995).
cited Cited as authority (rule) Parker v. State
Ga. · 2008 · confidence medium
Stanford v. State, 236 Ga. App. 597, 599 (2) ( 512 SE2d 708 ) (1999); Grier v. State, 218 Ga. App. 637, 640 (3) ( 463 SE2d 130 ) (1995).
discussed Cited as authority (rule) Feldman v. State
Ga. Ct. App. · 2006 · confidence medium
J., and Bernes, J., concur. 1 Johnson v. State, 277 Ga. App. 499, 502-503 (1) ( 627 SE2d 116 ) (2006). 2 OCGA§ 16-8-41 (a). 3 OCGA§ 16-5-41 (a). 4 Kegler v. State, 267 Ga. 147, 148 (1) ( 475 SE2d 593 ) (1996). 5 Grier v. State, 218 Ga. App. 637, 638 (1) ( 463 SE2d 130 ) (1995).
cited Cited as authority (rule) Hooker v. State
Ga. Ct. App. · 2006 · confidence medium
Grier v. State, 218 Ga. App. 637, 638 (1) ( 463 SE2d 130 ) (1995).
cited Cited as authority (rule) Golden v. State
Ga. Ct. App. · 2005 · confidence medium
Grier v. State, 218 Ga. App. 637, 638 ( 463 SE2d 130 ) (1995).
cited Cited as authority (rule) Scott v. State
Ga. Ct. App. · 2004 · confidence medium
(Citations and punctuation omitted.) Grier v. State, 218 Ga. App. 637, 638 (1) ( 463 SE2d 130 ) (1995). a.
discussed Cited as authority (rule) Hammonds v. State
Ga. Ct. App. · 2003 · confidence medium
Blackburn, P. J., and Ellington, J., concur. 1 Walker v. State, 245 Ga. App. 693 ( 538 SE2d 563 ) (2000). 2 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Walker, supra. 3 Walker, supra; Grier v. State, 218 Ga. App. 637, 638 (1) ( 463 SE2d 130 ) (1995). 4 OCGA § 16-5-23 (a) (2); see Jackson, supra; Eberhart v. State, 241 Ga. App. 164, 165-166 (1) ( 526 SE2d 361 ) (1999). 5 OCGA § 16-5-41 (a); see Jackson, supra; Walker, supra at 694 (1); Grier, supra. 6 OCGA § 16-10-24.3; see Jackson, supra; Weaver v. State, 256 Ga. App. 573, 574 (1) ( 568 SE2d 836 ) (2002). 7 Lyman v. State, 188 Ga. App. …
discussed Cited as authority (rule) Goins v. State
Ga. Ct. App. · 2003 · confidence medium
Ponder v. State, 260 Ga. 840, 841-842 (1) ( 400 SE2d 922 ) (1991). 1 Bruton v. United States, 391 U. S. 123 (88 SC 1620, 20 LE2d 476) (1968). 2 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 Grier v. State, 218 Ga. App. 637, 638 (1) ( 463 SE2d 130 ) (1995). 4 Hanifa v. State, 269 Ga. 797, 803 (2) ( 505 SE2d 731 ) (1998). 5 Schneble v. Florida, 405 U. S. 427 (92 SC 1056, 31 LE2d 340) (1972). 6 Cunningham v. State, 240 Ga. App. 92, 98 (3) ( 522 SE2d 684 ) (1999).
cited Cited as authority (rule) Parris v. State
Ga. Ct. App. · 2002 · confidence medium
Grier v. State, 218 Ga. App. 637, 638 (1) ( 463 SE2d 130 ) (1995).
cited Cited as authority (rule) Smith v. State
Ga. Ct. App. · 2002 · confidence medium
Grier v. State, 218 Ga. App. 637, 638 (1) ( 463 SE2d 130 ) (1995).
discussed Cited as authority (rule) Laredo v. State
Ga. Ct. App. · 2002 · confidence medium
Grier v. State, 218 Ga. App. 637, 638 (1) ( 463 SE2d 130 ) (1995). 1 Grissom v. State, 187 Ga. App. 653, 654 (1) ( 371 SE2d 137 ) (1988). 3 Laredo’s initial appellate counsel filed a motion under Anders v. California, 386 U. S. 738 (87 SC 1396, 18 LE2d 493) (1967), in which he sought to withdraw “from further representation of the defendant on the ground that an appeal would be wholly frivolous.” The trial court then appointed new counsel who pursued this appeal. 4 Elrod v. State, 222 Ga. App. 704, 705-706 (1) ( 475 SE2d 710 ) (1996). 5 Pollard v. State, 230 Ga. App. 159, 161 (4) ( 495 S…
discussed Cited as authority (rule) Floyd v. State
Ga. Ct. App. · 2001 · confidence medium
Andrews, P. J., and Eldridge, J., concur. 1 (Punctuation omitted.) OCGA § 17-9-1 (a). 2 (Citations and punctuation omitted.) Grier v. State, 218 Ga. App. 637, 638 (1) ( 463 SE2d 130 ) (1995). 3 OCGA § 16-9-1 (a). 4 Since both sm indictment and accusation serve the same purpose, our analysis with respect to the accusation in this case is the same as it would be in the case of an indictment. 5 (Citation and punctuation omitted.) Cantrell v. State, 162 Ga. App. 42, 43 (1) ( 290 SE2d 140 ) (1982). 6 (Citations and punctuation omitted.) Id.; De Palma v. State, 225 Ga. 465, 469 ( 169 SE2d 801 ) (1…
discussed Cited as authority (rule) McKay v. State
Ga. Ct. App. · 2001 · confidence medium
Andrews, P. J., and Eldridge, J., concur. 1 (Citations and punctuation omitted.) Grier v. State, 218 Ga. App. 637, 638 (1) ( 463 SE2d 130 ) (1995). 2 See, e.g., Stirrat v. State, 226 Ga. App. 350, 351 ( 486 SE2d 640 ) (1997). 3 Leaver v. State, 211 Ga. App. 876, 877 (1) ( 440 SE2d 760 ) (1994). 4 (Citation omitted.) Stevanus v. State, 185 Ga. App. 7, 10 (1) ( 363 SE2d 322 ) (1987).
cited Cited as authority (rule) Montgomery v. State
Ga. Ct. App. · 2001 · confidence medium
Grier v. State, 218 Ga. App. 637, 638 ( 463 SE2d 130 ) (1995).
cited Cited as authority (rule) Carnell v. State
Ga. Ct. App. · 2000 · confidence medium
Grier v. State, 218 Ga. App. 637, 638 ( 463 SE2d 130 ) (1995).
cited Cited as authority (rule) Parker v. State
Ga. Ct. App. · 2000 · confidence medium
Grier v. State, 218 Ga. App. 637, 638 (1) ( 463 SE2d 130 ) ((1995)).
cited Cited as authority (rule) Trzepacz v. State
Ga. Ct. App. · 1999 · confidence medium
Grier v. State, 218 Ga. App. 637, 638 ( 463 SE2d 130 ) (1995).
cited Cited as authority (rule) Holman v. State
Ga. Ct. App. · 1999 · confidence medium
Grier v. State, 218 Ga. App. 637, 638 ( 463 SE2d 130 ) (1995).
cited Cited as authority (rule) Cheney v. State
Ga. Ct. App. · 1998 · confidence medium
Searcy v. State, 236 Ga. 789, 790 ( 225 SE2d 311 ); Grier v. State, 218 Ga. App. 637, 638 (1) ( 463 SE2d 130 ). *70 Decided June 23, 1998 Lee Sexton & Associates, Lee Sexton, for appellant.
discussed Cited as authority (rule) Smith v. State
Ga. Ct. App. · 1998 · confidence medium
App. Div. 1994). 15 See McGee v. State, 267 Ga. 560, 564 (2) ( 480 SE2d 577 ) (1997); Jones v. State, 226 Ga. App. 721, 724 (1) ( 487 SE2d 618 ) (1997); Weems v. State, 204 Ga. App. 352, 355 ( 419 SE2d 346 ) (1992). 16 Stephens, supra, 261 Ga. at 469, fn. 2; Parson v. State, 229 Ga. App. 117, 118 (1) ( 493 SE2d 256 ) (1997). 17 See Willingham v. State, 268 Ga. 64, 65 (3) ( 485 SE2d 735 ) (1997); Farley, supra, 265 Ga. at 623 (2); see also Woods v. State, 224 Ga. App. 52, 55 (3) ( 479 SE2d 414 ) (1996) (jury can infer intent from course of conduct); Cole v. State, 216 Ga. App. 68, 70 (1) ( 453 …
cited Cited as authority (rule) Louis v. State
Ga. Ct. App. · 1998 · confidence medium
(Cit.)’ [Cit.]” Grier v. State, 218 Ga. App. 637, 638 (1) ( 463 SE2d 130 ) (1995). *900 Judged by these principles, the evidence presented to the jury was sufficient to support its verdict.
cited Cited as authority (rule) Hawkins v. State
Ga. Ct. App. · 1998 · confidence medium
Grier v. State, 218 Ga. App. 637, 638 (1) ( 463 SE2d 130 ); King v. State, 213 Ga. App. 268, 269 ( 444 SE2d 381 ).
cited Cited as authority (rule) Hagood v. State
Ga. Ct. App. · 1997 · confidence medium
Grier v. State, 218 Ga. App. 637, 638 (1) ( 463 SE2d 130 ) [(1995)]. [Furthermore,] [t]he testimony of a single witness is generally sufficient to establish a fact.
discussed Cited as authority (rule) Howard v. State
Ga. Ct. App. · 1997 · confidence medium
“In order for a similar transaction to be admissible, it is not required that the transaction resulted in a conviction.” (Citations and punctuation omitted.) Grier v. State, 218 Ga. App. 637, 639 (2) ( 463 SE2d 130 ).
cited Cited as authority (rule) Grisson v. State
Ga. Ct. App. · 1997 · confidence medium
(Cit.)’ Searcy v. State, 236 Ga. 789, 790 ( 225 SE2d 311 ).” Grier v. State, 218 Ga. App. 637, 638 (1) ( 463 SE2d 130 ).
cited Cited as authority (rule) Patterson v. State
Ga. Ct. App. · 1997 · confidence medium
(Cit.)’ Searcy v. State, 236 Ga. 789, 790 ( 225 SE2d 311 ).” Grier v. State, 218 Ga. App. 637, 638 (1) ( 463 SE2d 130 ).
cited Cited as authority (rule) Davis v. State
Ga. Ct. App. · 1997 · confidence medium
Grier v. State, 218 Ga. App. 637, 638 ( 463 SE2d 130 ) (1995).
cited Cited as authority (rule) Brown v. State
Ga. Ct. App. · 1997 · confidence medium
Grier v. State, 218 Ga. App. 637, 638 ( 463 SE2d 130 ) (1995).
cited Cited as authority (rule) Walker v. State
Ga. Ct. App. · 1997 · confidence medium
Grier v. State, 218 Ga. App. 637, 638 (1) ( 463 SE2d 130 ) (1995).
cited Cited as authority (rule) Johnson v. State
Ga. Ct. App. · 1996 · confidence medium
Grier v. State, 218 Ga. App. 637, 638 ( 463 SE2d 130 ) (1995).
cited Cited as authority (rule) Scott v. State
Ga. Ct. App. · 1996 · confidence medium
(Cit.)’ Searcy v. State, 236 Ga. 789, 790 ( 225 SE2d 311 ).” Grier v. State, 218 Ga. App. 637, 638 (1) ( 463 SE2d 130 ).
cited Cited as authority (rule) Copps v. State
Ga. Ct. App. · 1996 · confidence medium
Grier v. State, 218 Ga. App. 637, 638 (1) ( 463 SE2d 130 ) (1995).
discussed Cited as authority (rule) Turner v. State
Ga. Ct. App. · 1996 · confidence medium
(Cit.)’ Searcy v. State, 236 Ga. 789, 790 ( 225 SE2d 311 ).” Grier v. State, 218 Ga. App. 637, 638 (1) ( 463 SE2d 130 ). (b) “There is no requirement that the testimony of the victim of child molestation or aggravated child molestation be corroborated.
cited Cited as authority (rule) McKenzie v. State
Ga. Ct. App. · 1996 · confidence medium
Grier v. State, 218 Ga. App. 637, 639 (2) ( 463 SE2d 130 ) (1995).
cited Cited as authority (rule) Brown v. State
Ga. Ct. App. · 1996 · confidence medium
Grier v. State, 218 Ga. App. 637, 639 (3), 640 ( 463 SE2d 130 ).
cited Cited as authority (rule) Parker v. State
Ga. Ct. App. · 1996 · confidence medium
Grier v. State, 218 Ga. App. 637, 638 ( 463 SE2d 130 ) (1995).
discussed Cited as authority (rule) Weeks v. State
Ga. Ct. App. · 1996 · confidence medium
(Cit.)’ Searcy v. State, 236 Ga. 789, 790 ( 225 SE2d 311 ).” Grier v. State, 218 Ga. App. 637, 638 (1) ( 463 SE2d 130 ). “ ‘The testimony of a single witness is generally sufficient to establish a fact.’ OCGA § 24-4-8.” Dolphus v. State, 218 Ga. App. 565, 566 ( 462 SE2d 453 ).
discussed Cited "see" Ginn v. State (2×)
Ga. Ct. App. · 2001 · signal: accord · confidence high
Andrews, P. J., and Eldridge, J., concur. 1 (Citation and punctuation omitted.) Conyers v. State, 234 Ga. App. 830, 832 (1) ( 507 SE2d 842 ) (1998); accord Bradford v. State, 221 Ga. App. 232, 234 (2) ( 471 SE2d 248 ) (1996). 2 OCGA § 24-3-1 (b). 3 Clark v. State, 271 Ga. 6, 10 (5) ( 515 SE2d 155 ) (1999). 4 See Higgs v. State, 256 Ga. 606, 608 (4) ( 351 SE2d 448 ) (1987). 5 See Johnson v. State, 273 Ga. 345, 347-348 (5) ( 541 SE2d 357 ) (2001). 6 (Punctuation omitted.) OCGA § 17-9-1 (a). 7 (Citations and punctuation omitted.) Grier v. State, 218 Ga. App. 637, 638 (1) ( 463 SE2d 130 ) (1995)…
discussed Cited "see, e.g." Herrin v. State (2×)
Ga. Ct. App. · 1997 · signal: compare · confidence low
Compare Grier v. State, 218 Ga. App. 637 ( 463 SE2d 130 ) (left alone but will to escape overborne by fear of brutal beatings victim had sustained).
Grier
v.
the State
A95A0994.
Court of Appeals of Georgia.
Oct 3, 1995.
463 S.E.2d 130
Steven A. Hathorn, for appellant., Alan A. Cook, District Attorney, W. Kendall Wynne, Jr., Assistant District Attorney, for appellee.
McMurray, Andrews, Blackburn.
Cited by 46 opinions  |  Published
McMurray, Presiding Judge.

Defendant was charged in separate indictments with battery, terroristic threats, and false imprisonment. The evidence adduced at his jury trial showed that defendant is the father of the 18-year-old victim’s baby. On December 22, 1993, defendant came to the victim’s home and ordered her to get her “[expletive] together.” She was afraid if she did not comply, “he was going to jump on me there.” The victim told several of defendant’s cousins who were present “that [she] didn’t want to go with [him, . . . but they] didn’t [help or] say nothing [sic].” Defendant was angry because the victim had written him “a Dear John letter and he said before he let anybody have me, he said he would kill me.” Defendant took the victim and their baby to his mother’s house. There, he reviled her in a “[h]ateful tone.” In order to “[e]at or anything, use the bathroom[, . . . defendant] told [her that she] had to ask permission.” Defendant ordered the victim to bathe and made her sit in the tub for “four or five hours.” After defendant allowed the victim to dress, he ordered her up to the bedroom. The victim then explained: “That’s when all of it started. He started asking me questions and all that[, . . . such as] who all the men that I have while he was locked up. And if I didn’t answer, there was a lick, you know, he hit.” Defendant struck the victim repeatedly in the face and across the head with a wooden plank or paddle. The victim did not leave the house when left alone because she was “afraid that he was going to find me and going to kill me.” On December 27, 1993, the victim finally left the house with a friend who[*638] took her to the hospital. The victim confirmed that from December 22 to December 27, not “a day went by that [she was] not hit by [defendant].”

Susan Prather, the triage nurse at the hospital, recalled that the victim was trembling and shaking, and also “remember [ed] bruising on [the victim’s] forehead and her face.” Lieutenant Craig Treadwell of the Covington Police Department interviewed defendant and related the substance of defendant’s custodial statement. There, defendant agreed that he made the victim “apologize to his mother for disgracing his mother and him.” He denied striking the victim, explaining that “she fell trying to stay out of his way, that she knew to stay out of his way and she fell and hit her head on the bed and that’s how she sustained her injuries.”

The jury acquitted defendant of terroristic threats but found him guilty of both battery and false imprisonment. This direct appeal followed. Held:

1. In his first and third enumerations, defendant challenges the sufficiency of the evidence to sustain his conviction for false imprisonment. He argues that the victim’s testimony was repeatedly impeached and contradicted and is so “rife with inconsistencies that no reasonable jury should have believed the State had proven the elements of false imprisonment.”

On appeal from a criminal conviction, the evidence must be viewed in the light most favorable to the verdict, and the appellant (defendant here) no longer enjoys the presumption of innocence; moreover, an appellate court does not weigh the evidence or determine witness credibility but only determines whether the evidence is sufficient under the standard of Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560). Howard v. State, 261 Ga. 251, 252 (403 SE2d 204); King v. State, 213 Ga. App. 268, 269 (444 SE2d 381). “Conflicts in the testimony of the witnesses, including the [S]tate’s witnesses, is a matter of credibility for the jury to resolve. [Cits.] As long as there is some [competent] evidence, even though contradicted, to support each fact necessary to make out the [S]tate’s case, the jury’s verdict will be upheld. [Cit.]” Searcy v. State, 236 Ga. 789, 790 (225 SE2d 311).

“A person commits the offense of false imprisonment when, in violation of the personal liberty of another, he arrests, confines, or detains such person without legal authority.” OCGA § 16-5-41 (a). In the case sub judice, the jury was authorized to conclude that defendant unlawfully detained the victim over five days during which period the victim’s will was overborne by her fear of the brutal beatings she sustained day and night at defendant’s hands. The evidence is sufficient to authorize the jury’s verdict that defendant is guilty, beyond a reasonable doubt, of false imprisonment as alleged in the indictment.[*639] Grissom v. State, 187 Ga. App. 653 (1), 654 (371 SE2d 137). It follows that the trial court correctly denied defendant’s motion for directed verdict as to the charge of false imprisonment. McKenzie v. State, 187 Ga. App. 840 (1) (371 SE2d 869).

2. Defendant enumerates the admission of testimony by Sabrina Pridgett, defendant’s former girl friend, that defendant similarly beat her and held her in his apartment against her will in April 1989. He argues “the evidence did not sufficiently establish that [defendant] committed the independent act. Rather, [to defendant] it appears that the State’s witness fabricated the story about being held in [defendant’s] apartment to excuse her own conduct, [i.e.,] keeping [defendant’s] baby from law enforcement and social workers.”

Sabrina Pridgett testified that when she was approximately 18 years old, defendant took her and her baby (fathered by defendant) from the home of Sabrina Pridgett’s mother and brought them to his apartment, where they argued and fought “about three days.” Defendant hit Sabrina Pridgett in the eye “[w]ith his fist.” Sabrina Pridgett did not feel free to leave while defendant was awake “because we were fighting.” On April 18, 1989, Lt. Treadwell searched defendant’s apartment pursuant to a warrant and found Sabrina Pridgett and the child with defendant. “The Department of Family and Children Services removed the child. And [Lt. Treadwell] let Ms. Pridgett leave and go back to her mother’s. . . . She had an injury to the eye, [and] also she seemed to be glad to see us [the police], glad we were there to get her out of the apartment.”

“ ‘In order for a similar transaction to be admissible, it is not required that the transaction resulted in a conviction. (Cit.)’ Tilley v. State, 197 Ga. App. 97, 98 (2) (397 SE2d 506) (1990).” Sartin v. State, 203 Ga. App. 293, 295 (3), 296 (3) (b) (416 SE2d 572). In the case sub judice, Sabrina Pridgett’s testimony was substantially corroborated by Lt. Treadwell and was sufficient to authorize the trial court’s determination that the proffered similar transaction in fact occurred and that defendant was the actor. The trial court did not err in admitting her evidence for the limited purpose of showing defendant’s course of conduct and bent of mind.

3. Defendant contends the trial court impermissibly commented on the evidence during a recharge to the jury on the definition of false imprisonment, by the following language: “I have just defined it for you. I mean that’s all I can do is define it for you and then you apply the facts to that law and you determine whether false imprisonment occurred. You find the facts as you find the evidence warrants. That’s the best I can do for you. The law is not going to change is what I’m saying. All the facts are there.” (Emphasis supplied.) Although error is assigned to the emphasized portion of the court’s explanation, we conclude that this ground for objection was not preserved for appel[*640] late review.

Decided October 3, 1995. Steven A. Hathorn, for appellant. Alan A. Cook, District Attorney, W. Kendall Wynne, Jr., Assistant District Attorney, for appellee.

“The present rule is that the question of whether OCGA § 17-8-57 has been violated is not reached unless an objection or motion for mistrial is made. In the case sub judice, defendant [reserved his exceptions to the substance of the recharge but] did not object or move for a mistrial when the trial court used the [explanatory terms complained of on appeal]. Consequently, defendant failed to preserve for appellate review any alleged violation of OCGA § 17-8-57.” (Citations and punctuation omitted.) Cornelius v. State, 213 Ga. App. 766, 770 (3) (445 SE2d 800).

Judgment affirmed.

Andrews and Blackburn, JJ., concur.