Allen v. State, 480 S.E.2d 328 (Ga. Ct. App. 1997). · Go Syfert
Allen v. State, 480 S.E.2d 328 (Ga. Ct. App. 1997). Cases Citing This Book View Copy Cite
24 citation events (9 in the last 25 years) across 1 distinct court.
Strongest positive: Gaines v. the State (gactapp, 2016-11-01)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 11 distinct citers.
discussed Cited as authority (rule) Gaines v. the State
Ga. Ct. App. · 2016 · confidence medium
See also Smith v. State, 261 Ga. 512 (2) ( 407 SE2d 732 ) (1991) (defendant “waived his right to appellate review [of claim that state’s opening statement deprived him of a fair trial] by failing to make a motion for a mistrial or to renew his objection after the court gave curative instructions”) (citation omitted); Allen v. State, 224 Ga. App. 324, 325 (2) ( 480 SE2d 328 ) (1997) (defendant waived claim of error regarding state’s allegedly improper opening statement “by failing to renew the objection following the denial of his motion for mistrial and the administration of curative…
discussed Cited as authority (rule) Zachery v. State
Ga. Ct. App. · 2005 · confidence medium
Morrison v. State, 276 Ga. 829, 834 (4) ( 583 SE2d 873 ) (2003) (when defendant fails to ask for either mistrial or curative instruction, trial court does not err in failing to give instruction sua sponte); see also Williams v. State, 261 Ga. App. 793, 794 (2) ( 584 SE2d 64 ) (2003) (prosecutor’s reference to co-defendant’s statement during opening argument does not amount to “evidence” against defendant); Allen v. State, 224 Ga. App. 324, 325 (2) ( 480 SE2d 328 ) (1997) (failure to renew motion for mistrial on basis of improper mention of co-defendant’s conviction waives issue on ap…
discussed Cited as authority (rule) Arrington v. State
Ga. Ct. App. · 2000 · confidence medium
“Although the co-defendants each tried to appear less culpable than the other and in so doing disagreed on many points, their testimony with regard to [Arrington’s] aid to them was sufficiently corroborative to establish that [Arrington] was a party to the [crimes committed].” Allen v. State, 224 Ga. App. 324, 325 (3) ( 480 SE2d 328 ) (1997). . . .
discussed Cited as authority (rule) Granados v. State
Ga. Ct. App. · 2000 · confidence medium
Smith, P. J, and Phipps, J., concur. 1 Eason v. State, 234 Ga. App. 595, 597 (1) ( 507 SE2d 175 ) (1998). 2 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 Cupp v. Naughten, 414 U. S. 141, 143-147 (94 SC 396, 38 LE2d 368) (1973). 4 Noggle v. State, 256 Ga. 383, 385-386 (4) ( 349 SE2d 175 ) (1986); Frost v. State, 200 Ga. App. 267, 271 (5) ( 407 SE2d 765 ) (1991). 5 See generally OCGA § 16-4-8. 6 (Citation and punctuation omitted.) Byram v. State, 189 Ga. App. 627, 628 (3) ( 376 SE2d 909 ) (1988); see also Williams v. State, 191 Ga. App. 913, 915 (4) ( 383 SE2d 344 ) (1989). 7 Gober v. State…
discussed Cited as authority (rule) Culberson v. State
Ga. Ct. App. · 1999 · confidence medium
“Although the co-defendants each tried to appear less culpable than the other and in so doing disagreed on many points, their testimony with regard to [Culberson’s] aid to them was sufficiently corroborative to establish that [Culberson] was a party to the [aggravated assault].” Allen v. State, 224 Ga. App. 324, 325 (3) ( 480 SE2d 328 ) (1997).
discussed Cited as authority (rule) Horne v. State
Ga. Ct. App. · 1998 · confidence medium
Pope, P. J., and Ruffin, J., concur. 1 (Emphasis omitted.) 443 U. S. 307, 319 (99 SC 2781, 61 LE2d 560) (1979). 2 See OCGA §§ 16-2-20; 16-8-41 (a). 3 Moore v. State, 219 Ga. App. 818, 819 ( 467 SE2d 5 ) (1996); see Spear v. State, 228 Ga. App. 112 (1) ( 491 SE2d 164 ) (1997) (jury determines credibility of accomplice’s testimony). 4 (Citations and punctuation omitted.) Brown v. State, 188 Ga. App. 266 ( 372 SE2d 832 ) (1988); see Riley v. State, 268 Ga. 640 ( 491 SE2d 802 ) (1997); Blalock v. State, 250 Ga. 441, 443 (4) ( 298 SE2d 477 ) (1983). 5 Allen v. State, 224 Ga. App. 324, 325 (3) (…
discussed Cited as authority (rule) McWhorter v. State (2×)
Ga. Ct. App. · 1997 · confidence medium
Allen v. State, 224 Ga. App. 324, 326 (5) ( 480 SE2d 328 ) (1997). 2.
discussed Cited "see" Keith McBurrows v. State (2×)
Ga. Ct. App. · 2013 · signal: see · confidence high
See Allen v. State, 224 Ga. App. 324, 326 (5) ( 480 SE2d 328 ) (1997).
discussed Cited "see" McBurrows v. State (2×)
Ga. Ct. App. · 2013 · signal: see · confidence high
See Allen v. State, 224 Ga. App. 324, 326 (5) ( 480 SE2d 328 ) (1997).
discussed Cited "see" Shelley v. State (2×)
Ga. Ct. App. · 1999 · signal: see · confidence high
OCGA § 16-8-41 (a); Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560); see Allen v. State, 224 Ga. App. 324, 325 (3) ( 480 SE2d 328 ).
discussed Cited "see" Snow v. State (2×)
Ga. Ct. App. · 1997 · signal: see · confidence high
See Allen v. State, 224 Ga. App. 324, 325 (2) ( 480 SE2d 328 ) (1997). 4.
Allen
v.
the State
A96A2357.
Court of Appeals of Georgia.
Jan 22, 1997.
480 S.E.2d 328
Edwards & Edwards, H. B. Edwards III, for appellant., H. Lamar Cole, District Attorney, Charles M. Stines, Assistant District Attorney, for appellee.
Harold R. Banke.
Cited by 11 opinions  |  Published
Judge Harold R. Banke.

Clarence Allen, a former deputy sheriff, was convicted of burglary. The burglary was committed by three men who then torched the victims’ home, which burned to the ground. Allen was indicted and convicted only as a party to the burglary. On appeal, he enumerates five errors.

The evidence, viewed in the light most favorable to the verdict, reveals the following. Jackson v. Virginia, 443 U. S. 307, 319-320 (99 SC 2781, 61 LE2d 560) (1979). After the fire, investigators found no evidence that the victims’ televisions, video cassette recorders (“VCRs”), or firearms had been incinerated. The victims had stored the firearms, which included a matched pair of .22 caliber Colt derringers in a box, in a steel wall safe in a bedroom. Over a year after the fire, the sheriff’s department obtained a VCR, a German Luger, a[*325] Bill Blass watch case, and a spotting scope which the victims identified as theirs.

Allen had learned about the isolated house, its contents, its owners, and the location of the victims’ safes while conducting a burglary investigation several years before the fire. In preparation for the offense at issue, he targeted the house for two of his co-defendants, drove them there, and informed them of the victims’ wealth and frequent absences. Allen also gave them a sheriff department’s check sheet showing the businesses deputies were required to check on their rounds. The check sheet contained a code which enabled those using a scanner to monitor police communications to determine the location of each patrol car on duty.

After the crime, Allen received a matched pair of derringers in a wooden case obtained in the burglary. One of Allen’s co-workers testified that he lent Allen some money and Allen used a matched pair of .22 caliber Colt derringers in a case as collateral. An auxiliary deputy corroborated this transaction. Held:

1. The trial court did not abuse its discretion in denying Allen’s motion in limine to exclude evidence of the arson. Howard v. State, 206 Ga. App. 610 (1) (426 SE2d 181) (1992). The evidence was admissible as part of the res gestae. See Molisani v. State, 142 Ga. App. 234, 235 (1) (235 SE2d 658) (1977); see also Andrews v. State, 249 Ga. 223, 225-226 (290 SE2d 71) (1982) (defining res gestae).

2. Allen correctly asserts that the State improperly mentioned in opening argument Allen’s son’s burglary conviction arising from the same transaction. Dorminy v. State, 178 Ga. App. 653, 654-655 (344 SE2d 475) (1986). The record shows, however, that Allen waived this argument by failing to renew the objection following the denial of his motion for mistrial and the administration of curative instructions. Tidwell v. State, 219 Ga. App. 233, 237 (4) (464 SE2d 834) (1995).

Allen also waived his claim that the State improperly argued that Allen was a party to the crime. The record shows Allen objected to this argument and the court sua sponte instructed the jury that neither opening statement nor the indictment was evidence, but did not rule on the objection. The failure to obtain a ruling ,on the objection resulted in its waiver as did Allen’s failure to renew his objection following the instruction. Ewald v. State, 156 Ga. App. 68, 69 (3) (274 SE2d 31) (1980); see Tidwell, 219 Ga. App. at 237 (4).

3. The evidence was sufficient to establish that Allen was a party to the crime of burglary, notwithstanding Allen’s argument that much of his co-defendants’ testimony conflicted. Although the co-defendants each tried to appear less culpable than the other and in so doing disagreed on many points, their testimony with regard to Allen’s aid to them was sufficiently corroborative to establish that Allen was a party to the burglary. OCGA § 16-2-20; compare Bullard [*326] v. State, 263 Ga. 682, 685 (1) (436 SE2d 647) (1993); see Allen v. State, 222 Ga. App. 492 (474 SE2d 698) (1996). For example, they both agreed that Allen asked them if they wanted to make some money, informed them about the house and the wealth of its frequently absent owners, and provided the sheriff department’s check sheet. Moreover, Allen’s co-worker’s testimony about Allen using the .22 caliber Colt derringers as collateral provided sufficient corroborative evidence to support the verdict. Swinney v. State, 217 Ga. App. 657, 658-659 (1) (458 SE2d 686) (1995).

Decided January 22, 1997. Edwards & Edwards, H. B. Edwards III, for appellant. H. Lamar Cole, District Attorney, Charles M. Stines, Assistant District Attorney, for appellee.

4. We reject Allen’s contention that the trial court erred by permitting the State to question him about his illegitimate daughter. Allen placed his character in issue by testifying about his good character. State v. Braddy, 254 Ga. 366, 367 (330 SE2d 338) (1985). Thus, the trial court did not abuse its discretion in rejecting Allen’s relevance objection and permitting limited questioning on this issue. Fancher v. State, 190 Ga. App. 438, 439 (1) (378 SE2d 923) (1989).

5. Allen waived his argument, asserted for the first time on appeal, that the trial court committed reversible error by permitting two bad character witnesses to testify in rebuttal without requiring the proper foundation. Harrison v. State, 213 Ga. App. 366, 367 (1) (444 SE2d 613) (1994) (objections not raised at trial are waived). At trial, Allen challenged only the relevance of this testimony and the propriety of allowing bad character witnesses when he offered no good character witnesses other than himself.

Judgment affirmed.

McMurray, P. J, and Ruffin, J., concur.