Daniels v. State, 509 S.E.2d 368 (Ga. Ct. App. 1998). · Go Syfert
Daniels v. State, 509 S.E.2d 368 (Ga. Ct. App. 1998). Cases Citing This Book View Copy Cite
31 citation events (21 in the last 25 years) across 1 distinct court.
Strongest positive: Abercrombie v. State (gactapp, 2010-12-09)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 13 distinct citers.
discussed Cited as authority (rule) Abercrombie v. State
Ga. Ct. App. · 2010 · confidence medium
J., and Phipps, P. J., concur. 1 See Sandstrom v. Montana, 442 U. S. 510, 522 (III) (99 SC 2450, 61 LE2d 39) (1979). 2 (Citations and punctuation omitted.) Mohamed v. State, 276 Ga. 706, 708-709 (1) ( 583 SE2d 9 ) (2003). 3 Cole v. State, 279 Ga. App. 219, 219-221 (1) ( 630 SE2d 817 ) (2006). 4 Id. at 220 (1). 5 Id. at 220-221 (1). 6 Id. at 221 (1). 7 See Bridges v. State, 268 Ga. 700, 706-707 (2) (f) ( 492 SE2d 877 ) (1997); Stover v. State, 293 Ga. App. 210, 214 (1) ( 666 SE2d 602 ) (2008). 8 (Citations and punctuation omitted.) Bradford v. State, 182 Ga. App. 337, 338 (5) ( 355 SE2d 735 ) (…
discussed Cited as authority (rule) Ditman v. State
Ga. Ct. App. · 2009 · confidence medium
Callaway v. State, 275 Ga. 332, 333 ( 567 SE2d 13 ) (2002). 6 Disharoon v. State, 288 Ga. App. 1, 3 (1) ( 652 SE2d 902 ) (2007). 7 Barker v. Wingo, 407 U. S. 514, 530 (IV) (92 SC 2182, 33 LE2d 101) (1972). 8 Doggett v. United States, 505 U. S. 647, 651 (II) (112 SC 2686, 120 LE2d 520) (1992). 9 Ruffin v. State, 284 Ga. 52, 55 (2) ( 663 SE2d 189 ) (2008). 10 Scandrett v. State, 279 Ga. 632, 633 (1) (a) ( 619 SE2d 603 ) (2005). 11 Harris v. State, 284 Ga. 455, 455 ( 667 SE2d 361 ) (2008). 12 Herndon v. State, 277 Ga. App. 374, 377 (1) ( 626 SE2d 579 ) (2006). 13 State v. Johnson, 274 Ga. 511, 51…
discussed Cited as authority (rule) Wallace v. State
Ga. Ct. App. · 2007 · confidence medium
Phipps and Mikell, JJ., concur. 1 Tutt v. State, 267 Ga. 49, 50 ( 472 SE2d 306 ) (1996). 2 Griffin v. State, 278 Ga. 669 ( 604 SE2d 155 ) (2004); Sewell v. State, 277 Ga. App. 265, 267 (2) ( 626 SE2d 237 ) (2006). 3 See Daniels v. State, 235 Ga. App. 296, 298 (2) ( 509 SE2d 368 ) (1998); Goodwin v. State, 202 Ga. App. 655, 656 ( 415 SE2d 472 ) (1992). 4 (Citations and punctuation omitted.) Goodwin, supra at 656 . 5 See Maddox v. State, 218 Ga. App. 320, 321-322 (1) ( 461 SE2d 286 ) (1995); Johnson v. State, 203 Ga. App. 896, 897 (3) ( 418 SE2d 155 ) (1992).
discussed Cited as authority (rule) Eagles v. State
Ga. Ct. App. · 2004 · confidence medium
We have held previously that the protections afforded a defendant by OCGA § 17-7-170 do not attach until a defendant is formally indicted or accused, and that “[a] demand for speedy trial filed before the indictment is returned is a nullity.” Daniels v. State, 235 Ga. App. 296, 298 (2) ( 509 SE2d 368 ) (1998).
cited Cited as authority (rule) Brown v. State
Ga. Ct. App. · 2003 · confidence medium
Daniels v. State, 235 Ga. App. 296, 298 (2) ( 509 SE2d 368 ) (1998).
cited Cited as authority (rule) Pless v. State
Ga. Ct. App. · 2002 · confidence medium
(Punctuation omitted.) Daniels v. State, 235 Ga. App. 296, 298 (2) ( 509 SE2d 368 ) (1998) (addressing pro se motion for speedy trial filed by represented defendant).
discussed Cited as authority (rule) Gober v. State (2×)
Ga. Ct. App. · 2001 · confidence medium
(Citations and punctuation omitted.) Daniels v. State, 235 Ga. App. 296, 297 (1) ( 509 SE2d 368 ) (1998).
discussed Cited as authority (rule) Kier v. State
Ga. Ct. App. · 2000 · confidence medium
Andrews, P. J, and Ellington, J., concur. 1 See Russell v. State, 230 Ga. App. 546, 549 (4) ( 497 SE2d 36 ) (1998). 2 See Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 See Miranda v. Arizona, 384 U. S. 436 (86 SC 1602, 16 LE2d 694) (1966). 4 Although Clemons owned a different model tractor, the evidence showed that his tractor key was interchangeable with Wright’s tractor key. 5 OCGA § 16-8-2. 6 (Punctuation omitted.) Gibson v. State, 243 Ga. App. 610, 611 (2) (a) ( 533 SE2d 783 ) (2000) (quoting Smith v. State, 234 Ga. App. 586, 592-593 (7) (a) ( 506 SE2d 406 ) (19…
discussed Cited as authority (rule) Miller v. State
Ga. Ct. App. · 2000 · confidence medium
See also Fleming v. State, 236 Ga. 434, 436 ( 224 SE2d 15 ) (1976) (after indictment and conviction, even the complete lack of a commitment hearing will not be considered reversible error). 8 See Kegler, supra; Farris, supra. 9 Haska v. State, 240 Ga. App. 527 (1) ( 523 SE2d 589 ) (1999). 10 See Stewart v. State, 232 Ga. App. 565, 566-567 (2) ( 502 SE2d 502 ) (1998) (trial court properly dismissed untimely motion to suppress). 11 Court of Appeals Rule 27 (c) (2). 12 Williams v. State, 218 Ga. App. 571, 573 (2) ( 462 SE2d 457 ) (1995). 13 Id. 14 See Walden v. State, 267 Ga. 162, 164 (2) (c) ( 4…
discussed Cited as authority (rule) Yarbrough v. State
Ga. Ct. App. · 2000 · confidence medium
State v. McGraw, 237 Ga. App. 345, 346 (1) ( 514 SE2d 34 ) (1999). 4 State v. Terry, 236 Ga. App. 248, 249 ( 511 SE2d 608 ) (1999). 5 Anderson v. State, 236 Ga. App. 679, 685 (7) ( 513 SE2d 235 ) (1999). 6 Jackson v. State, 236 Ga. App. 260 -261 ( 511 SE2d 615 ) (1999). 7 Lewis v. State, 149 Ga. App. 181, 182 (1) ( 254 SE2d 142 ) (1979). 8 Daniels v. State, 235 Ga. App. 296, 297 (1) ( 509 SE2d 368 ) (1998).
discussed Cited as authority (rule) Elliott v. Henry County Water & Sewerage Authority
Ga. Ct. App. · 1999 · confidence medium
Daniels v. State, 235 Ga. App. 296, 297 (1) ( 509 SE2d 368 ) (1998); see generally Duckworth v. State, 223 Ga. App. 250, 251-253 (1) ( 477 SE2d 336 ) (1996), aff’d, 268 Ga. 566 ( 492 SE2d 201 ) (1997).
cited Cited as authority (rule) Chastain v. State
Ga. Ct. App. · 1999 · confidence medium
Boyd, supra; Daniels v. State, 235 Ga. App. 296, 298 (2) ( 509 SE2d 368 ) (1998).
discussed Cited "see, e.g." Roberts v. State (2×)
Ga. Ct. App. · 2004 · signal: see also · confidence medium
Green, Assistant District Attorney, for appellee. 1 See State v. Middlebrooks, 236 Ga. 52, 55 (2) ( 222 SE2d 343 ) (1976) (“[A] preliminary hearing is not a required step in a felony prosecution and . . . once an indictment is obtained there is no judicial oversight or review of the decision to prosecute because of any failure to hold a commitment hearing.”); McClarity v. State, 234 Ga. App. 348, 351 (3) (a) ( 506 SE2d 392 ) (1998). 2 See Blackwell v. Sutton, 261 Ga. 284 ( 404 SE2d 114 ) (1991). 3 State v. Bloodsworth, 241 Ga. App. 840, 842 ( 528 SE2d 285 ) (2000). 4 See id. 5 Id.; see als…
Daniels
v.
the State
A98A0823.
Court of Appeals of Georgia.
Nov 16, 1998.
509 S.E.2d 368
Davis Cohen, for appellant., Spencer Lawton, Jr., District Attorney, for appellee.
McMurray, Blackburn, Eldridge.
Cited by 14 opinions  |  Published
McMurray, Presiding Judge.

Defendant Daniels brings this out-of-time appeal from his conviction of theft by receiving stolen property (OCGA § 16-8-7) and misdemeanor obstruction of a law enforcement officer (OCGA § 16-10-24 (a)). Held:

1. Defendant was apprehended when police officers on routine[*297] patrol stopped a stolen vehicle driven by him due to a failure to dim headlights for oncoming traffic. There were a number of passengers in the vehicle operated by defendant, and at trial defendant sought to discredit the officers’ testimony that he was the driver. In this connection, defendant asked Charles Collins, one of the officers who had since left the police force, “[a]nd now let me ask you this, Mr. Collins, and certainly I mean no disrespect, but did you acquire a history of making bad arrests while you were on the police force?” The prosecuting attorney indicated he was objecting “unless he has a good faith basis for this question.” Defense counsel stated “[y]our Honor, this is cross-examination and I can certainly ask —” before the trial court announced that the prosecuting attorney’s objection was sustained. After this ruling defense counsel stated: “Well, I can’t ask that question . . .” and the prosecuting attorney responded: “Not without a good faith basis.” Thereafter, after a brief bench conference on another subject, redirect examination of the witness commenced.

In his first enumeration of error, defendant maintains that his cross-examination of the former police officer, Collins, was improperly limited by the trial court’s sustaining the prosecutor’s “good faith basis” objection. However, the issue argued by defendant was not preserved for appellate review by appropriate objection at trial. “ ‘ “In order to be in a position to complain of the abridgement of the right of cross-examination, a party to a legal proceeding or his counsel must either ask the questions he desires to ask or state to the court what questions he desires to ask and then interpose timely objection to the ruling of the court denying the right to propound the questions. (Cits.)” ’ ” (Emphasis supplied.) Bradford v. State, 182 Ga. App. 337, 338 (5) (355 SE2d 735). See also Willett v. State, 223 Ga. App. 866, 874 (4) (479 SE2d 132); Favors v. State, 166 Ga. App. 764 (1) (305 SE2d 475). While defendant maintains that the alleged error was preserved by defense counsel’s comments as quoted above, we do not agree since these remarks fail to state the grounds for any objection.

Furthermore, although defendant is entitled to a thorough and sifting cross-examination of a witness, the scope of such cross-examination is within the sound discretion of the trial court who may curtail inquiries which are not relevant or material. The trial court may curtail inquiries which are unduly repetitive or harassing and may exercise reasonable judgment in determining when a subject is exhausted. Such restrictions lie within the discretion of the trial court and will not be disturbed on appeal unless manifestly abused. Duckworth v. State, 223 Ga. App. 250, 252 (1) (477 SE2d 336). Here, defense counsel was allowed to delve in great detail into the circumstances related to the stop of the stolen vehicle, particularly with regard to Charles Collins’ ability or lack thereof to observe who was driving. The record fails to show a manifest abuse of discretion.

[*298] Decided November 16, 1998.

2. In his remaining enumeration of error, defendant maintains that he was deprived of a speedy trial under the United States Constitution, the Georgia Constitution, and OCGA § 17-7-170. This enumeration is predicated on the denial of a motion for discharge and acquittal predicated solely upon OCGA § 17-7-170 and the failure to bring defendant to trial within appropriate intervals of time following purported demands for trial pursuant to the statute.

The first purported demand for trial relied upon by defendant was filed pro se on April 1, 1994, a time at which defendant was represented by counsel and which was prior to the handing down of the indictment of defendant. Either of these factors is sufficient to obviate the pro se demand for speedy trial.

A criminal defendant no longer has the right to represent himself and also be represented by an attorney. At the time the pro se demand for trial was filed, there was a pending request on the part of defendant’s attorney to withdraw. Nonetheless, the attorney continued to represent defendant, and the withdrawal was not granted until a date subsequent to the filing of the pro se demand. As defendant was represented by counsel when he filed the pro se demand for trial that demand “was of no legal effect whatsoever.” Goodwin v. State, 202 Ga. App. 655, 656 (415 SE2d 472).

Furthermore, the protection afforded by OCGA § 17-7-170 attaches with the formal indictment or accusation. State v. Hicks, 183 Ga. App. 715, 717 (359 SE2d 712). A demand for speedy trial filed before the indictment is returned is a nullity. Grier v. State, 198 Ga. App. 840, 841 (403 SE2d 857).

The remaining purported demand for speedy trial upon which defendant relies was filed on August 31, 1994, and sought a copy of indictment and a list of witnesses and requested that defendant “be tried by a jury and waives nothing.” The text of such a demand for trial by jury has been held to not act as a speedy trial demand pursuant to OCGA § 17-7-170. Boyd v. State, 200 Ga. App. 591 (2) (409 SE2d 44).

Finally, defendant’s arguments predicated on the United States and Georgia Constitutions are raised for the first time on appeal and were not preserved for appellate review by being argued in the first instance before the trial court. Issues raised for the first time on appeal will not be considered by this Court.

Judgment affirmed.

Blackburn and Eldridge, JJ, concur. [*299] Davis Cohen, for appellant. Spencer Lawton, Jr., District Attorney, for appellee.