Manning v. State, 499 S.E.2d 650 (Ga. Ct. App. 1998). · Go Syfert
Manning v. State, 499 S.E.2d 650 (Ga. Ct. App. 1998). Cases Citing This Book View Copy Cite
19 citation events (9 in the last 25 years) across 2 distinct courts.
Strongest positive: Pulliam v. State (gactapp, 2011-04-15)
Top citers, strongest first. 8 distinct citers.
discussed Cited as authority (rule) Pulliam v. State
Ga. Ct. App. · 2011 · confidence medium
Harris, Assistant District Attorneys, for appellee. 1 The state entered a nolle prosequi on the third count of the indictment, driving with a suspended or revoked license. 2 London v. State, 289 Ga. App. 17 ( 656 SE2d 180 ) (2007). 3 (Citation omitted.) Jones v. State, 294 Ga. App. 564, 566 (2) ( 669 SE2d 505 ) (2008). 4 Watson v. State, 301 Ga. App. 824, 826 ( 689 SE2d 104 ) (2009) (victim of aggravated assault testified to broken fingers and injuries to head and spine resulting from attack by defendant), citing Jones, supra at 567 (2) (victim testified that her right jawbone was fractured du…
discussed Cited as authority (rule) Chalvatzis v. State
Ga. Ct. App. · 2004 · confidence medium
Deal, District Attorney, Lee Darragh, Assistant District Attorney, for appellee. 1 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 2 (Footnotes omitted.) Roberts v. State, 242 Ga. App. 621 ( 530 SE2d 535 ) (2000). 3 OCGA § 16-5-24 (a). 4 OCGA § 16-5-21 (a) (2). 5 Davenport v. State, 255 Ga. App. 593 (1) ( 565 SE2d 900 ) (2002). 6 (Footnote omitted.) Knowles v. State, 245 Ga. App. 523, 524 (1) ( 538 SE2d 175 ) (2000). 7 (Citations omitted.) Manning v. State, 231 Ga. App. 584, 585 (3) ( 499 SE2d 650 ) (1998). 8 Id. 9 Jackson v. Virginia, supra. 10 (Citations omitted.) Butler v. State, 273 Ga. …
cited Cited as authority (rule) Silas v. State
Ga. Ct. App. · 2001 · confidence medium
Hamilton v. State, 243 Ga. App. 10, 11 ( 532 SE2d 118 ) (2000); Manning v. State, 231 Ga. App. 584, 585 (3) ( 499 SE2d 650 ) (1998).
discussed Cited as authority (rule) Brinson v. State
Ga. Ct. App. · 2000 · confidence medium
Pope, P. J, and Smith, P. J., concur. 1 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Aleman v. State, 227 Ga. App. 607 (1) ( 489 SE2d 867 ) (1997). 2 OCGA § 16-3-26; see Graham v. State, 239 Ga. App. 429, 431 (1) (b) ( 521 SE2d 249 ) (1999). 3 Burns v. State, 89 Ga. 527, 528 , hn. 5 ( 15 SE 748 ) (1892). 4 Graham, supra, 239 Ga. App. at 432 (1) (b); Davis v. State, 232 Ga. App. 882, 883 (1) ( 502 SE2d 779 ) (1998). 5 We do not decide whether the defense of coercion is available where the defendant reasonably believed the threat of imminent death or great bodily injury …
cited Cited as authority (rule) Hamilton v. State
Ga. Ct. App. · 2000 · confidence medium
Manning v. State, 231 Ga. App. 584, 585 (3) ( 499 SE2d 650 ) (1998).
discussed Cited as authority (rule) Graham v. State
Ga. Ct. App. · 1999 · confidence medium
“After evidence of [coercion] is presented, the State bears the burden of disproving that defense beyond a reasonable doubt. [Cits.]” Manning v. State, 231 Ga. App. 584, 585 (3) ( 499 SE2d 650 ) (1998). *431 In order for duress or fear produced by threats or menaces [ ] to be a valid legal excuse for doing anything which would otherwise be criminal, the act must have been done under such threats or menaces as show that life or member was in danger. . . .
cited Cited as authority (rule) Warren v. State
Ga. Ct. App. · 1998 · confidence medium
Manning v. State, 231 Ga. App. 584, 585 (3) ( 499 SE2d 650 ) (1998). 2.
discussed Cited "see" Hicks v. Talbott Recovery System, Inc. (2×)
11th Cir. · 1999 · signal: see · confidence high
See Manning v. State, 499 S.E.2d 650, 651 (Ga. Ct. App. 1998) (recognizing that the psychiatrist-patient and psychologist-patient privileges materialize only when a professional relationship was "actually contemplated or formed or psychological treatment rendered").
Manning
v.
the State
A98A0159.
Court of Appeals of Georgia.
Mar 25, 1998.
499 S.E.2d 650
Michael B. King, for appellant., Robert E. Keller, District Attorney, Brian J. Amero, Assistant District Attorney, for appellee.
Harold R. Banke.
Cited by 10 opinions  |  Published
Judge Harold R. Banke.

Claudia Denise Manning was convicted of simple battery and aggravated assault involving the same victim, her boyfriend.

The evidence, when viewed in a light most favorable to the verdict, showed that Manning entered the victim’s home without permission, then struck the victim in the face with a wooden object when he asked her to leave. About six weeks later, Manning drove up beside the same victim, left her vehicle and stabbed him in the shoulder. Manning then backed her vehicle into him and sped away. Manning claimed self-defense as to both incidents.

Certified copies of the victim’s medical records from the stabbing incident were admitted at trial. In addition, the court admitted a Clayton County-Flint River Center Family Information Perspective (“questionnaire”) that the victim discovered mixed in with his papers in a box in Manning’s apartment. On this questionnaire, Manning listed the patient/client as her young daughter. In response to one inquiry, Manning wrote, “Daughter witnessed my violent crime. . . .” Manning made several other highly inculpatory admissions as to her rage, anger, problems with temper control, as well as specific past incidents of her abuse of boyfriends, including the victim here. The court excluded one statement involving past incidents of violence with previous boyfriends and ordered it redacted. Held-.

1. The trial court did not abuse its discretion in admitting the questionnaire into evidence. Before a person can invoke the confidentiality privilege under OCGA § 24-9-21 (5), she must show that the requisite psychologist-patient or psychiatrist-patient relationship existed to the extent that treatment was given or contemplated. Strickland v. State, 260 Ga. 28, 30 (5) (b) (389 SE2d 230) (1990). In this case, Manning failed to show that a professional relationship had been actually contemplated or formed or psychological treatment rendered to her or her daughter. Compare Mrozinski v. Pogue, 205 Ga. App. 731, 733 (1) (423 SE2d 405) (1992). Manning offered no appointment records, office receipts, or any evidence to even suggest that a confidential professional relationship existed. The questionnaire was not obtained from a medical provider or from the unauthorized disclosure of clinical records but from a box in her apartment. Moreover, Manning offered no evidence that the information she provided in the questionnaire was ever imparted to a medical profes[*585] sional. So it cannot be said that the document constituted a privileged communication within the meaning of OCGA § 24-9-21 (5) or (6). See Plunkett v. Ginsburg, 217 Ga. App. 20, 21 (456 SE2d 595) (1995).

Notwithstanding Manning’s assertion, the State did not impermissibly inject her character into the case. During cross-examination of the victim, defense counsel elicited the statement previously deemed inadmissible. The court denied Manning’s motion for a mistrial, and Manning declined any curative instruction. Because defense counsel elicited the redacted information, Manning cannot now complain about that testimony. Heard v. State, 204 Ga. App. 757, 759 (4) (420 SE2d 639) (1992). See Littlefield v. State, 197 Ga. App. 343, 344 (2) (398 SE2d 375) (1990).

2. Manning contends that the trial court erred in admitting the victim’s medical records. The State offered the records to prove that the victim had required medical treatment for the injuries Manning inflicted. Over a hearsay objection, the court admitted a certified copy of the victim’s hospital records and gave the jury a limiting instruction. However, statutes, like OCGA § 24-7-8, which pertain to the authentication of documents do not remove hearsay considerations. McGaha v. State, 221 Ga. App. 440, 441 (471 SE2d 533) (1996). Pretermitting whether it was correct to admit the records, Manning failed to show the requisite harm for reversal in light of the overwhelming evidence of her guilt. See Southern R. Co. v. Hand, 216 Ga. App. 370, 374 (5) (454 SE2d 217) (1995).

3. We reject Manning’s contention that she was entitled to a directed verdict because the State failed to rebut her affirmative defense. After evidence of self-defense is presented, the State bears the burden of disproving that defense beyond a reasonable doubt. Fields v. State, 258 Ga. 595, 596 (2) (372 SE2d 811) (1988); see OCGA § 16-3-28. Whether Manning engaged in two unprovoked attacks or acted in defense of herself and her child was solely for the jury to resolve. Luke v. State, 222 Ga. App. 203, 206 (2) (474 SE2d 49) (1996). Because the evidence adduced at trial was sufficient to authorize the jury’s finding Manning guilty beyond a reasonable doubt of aggravated assault and simple battery within the meaning of Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979), the trial court properly denied the motion.

4. The trial court did not err in refusing to permit Manning to ask the victim questions about his use of a false name or other social security numbers. The trial court granted the State’s motion in limine to preclude Manning from attempting to impeach the victim with his misdemeanor conviction for providing a false name, unless she produced a certified copy of the conviction. When defense counsel later attempted to inquire about the prior conviction without first[*586] showing the certified copy, the court prohibited that line of questioning. This was improper impeachment, and the trial court properly sustained the objection. Roberts v. State, 267 Ga. 669, 671 (2) (482 SE2d 245) (1997).

Decided February 27, 1998 Reconsideration dismissed March 25, 1998 Michael B. King, for appellant. Robert E. Keller, District Attorney, Brian J. Amero, Assistant District Attorney, for appellee.

Judgment affirmed.

Johnson and Smith, JJ., concur.