State v. Graham, 271 S.E.2d 627 (Ga. 1980). · Go Syfert
State v. Graham, 271 S.E.2d 627 (Ga. 1980). Cases Citing This Book View Copy Cite
121 citation events (56 in the last 25 years) across 3 distinct courts.
Strongest positive: ALLEN v. THE STATE (Two Cases) (ga, 2020-11-12)
Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980 2003 2026
Top citers, strongest first. 34 distinct citers.
cited Cited as authority (rule) ALLEN v. THE STATE (Two Cases)
Ga. · 2020 · confidence medium
Graham, 246 Ga. at 342 (noting that voir dire must be made part of record in death penalty cases).
discussed Cited as authority (rule) Kenny Lynn McCullouch v. State (2×) also: Cited "see"
Ga. Ct. App. · 2020 · confidence medium
OCGA § 17-8-5 (a) provides that “[o]n the trial of all felonies the presiding judge shall have the testimony taken down and, when directed by the judge, the court reporter shall exactly and truly record or take stenographic notes of the testimony and proceedings in the case, except the argument of counsel.” Our Supreme Court has interpreted this provision to mean that, although objections and rulings thereon made 4 during jury selection are required to be reported and made part of the trial record, there is no requirement that the entire jury selection be reported and made part of the rec…
cited Cited as authority (rule) Hurt v. State
Ga. · 2015 · confidence medium
See Brockman v. State, 292 Ga. 707, 720 (8) ( 739 SE2d 332 ) (2013); State v. Graham, 246 Ga. 341, 342 ( 271 SE2d 627 ) (1980).
cited Cited as authority (rule) Robert Louis Adams v. State
Ga. Ct. App. · 2013 · confidence medium
State v. Graham, 246 Ga. 341, 342-343 ( 271 SE2d 627 ) (1980).
cited Cited as authority (rule) Adams v. State
Ga. Ct. App. · 2013 · confidence medium
State v. Graham, 246 Ga. 341, 342-343 ( 271 SE2d 627 ) (1980).
cited Cited as authority (rule) McFarlane v. State
Ga. · 2012 · confidence medium
State v. Graham, 246 Ga. 341, 342 ( 271 SE2d 627 ) (1980).
cited Cited as authority (rule) Dunlap v. State
Ga. · 2012 · confidence medium
State v. Graham, 246 Ga. 341, 342 ( 271 SE2d 627 ) (1980).
discussed Cited as authority (rule) Angulo v. State
Ga. Ct. App. · 2012 · confidence medium
Quinn, Assistant District Attorney, for appellee. 1 OCGA § 16-8-41 (a). 2 OCGA § 16-5-21 (a). 3 See Stephens v. State, 247 Ga. App. 719 ( 545 SE2d 325 ) (2001). 4 McConnell v. State, 263 Ga. App. 686, 690 (5) ( 589 SE2d 271 ) (2003). 5 See State v. Graham, 246 Ga. 341, 343 ( 271 SE2d 627 ) (1980). 6 See Primas v. State, 231 Ga. App. 861, 862-863 (2) ( 501 SE2d 28 ) (1998). 7 See Johnson v. State, 283 Ga. App. 524, 525 (1) ( 642 SE2d 170 ) (2007); McConnell, 263 Ga. App. at 690 (5); Primas, 231 Ga. App. at 862, n. 3 (collecting cases). 8 Primas, 231 Ga. App. at 863 (2). 9 (Punctuation and emp…
discussed Cited as authority (rule) Walden v. State
Ga. · 2011 · confidence medium
In this case, however, although the court reporter transcribed the motion for change of venue and the trial court’s ruling, the actual questions and answers of the prospective jurors “were not reported, and defense counsel made no motion at that time to include them in the record or to have them reconstructed for the record.” State v. Graham, 246 Ga. 341, 342 ( 271 SE2d 627 ) (1980).
cited Cited as authority (rule) Huckabee v. State
Ga. · 2010 · confidence medium
State v. Graham, 246 Ga. 341, 343 ( 271 SE2d 627 ) (1980).
discussed Cited as authority (rule) Moody v. State
Ga. · 2004 · confidence medium
Id. (c) Moody contends that trial counsel should have insisted that a transcript be made of opening statements and closing arguments, see OCGA § 17-8-5 (a); State v. Graham, 246 Ga. 341, 342-343 ( 271 SE2d 627 ) (1980), and that the failure to do so has prevented him from asserting error based upon remarks made by the prosecutor.
discussed Cited as authority (rule) McConnell v. State
Ga. Ct. App. · 2003 · confidence medium
Johnson, P. J., and Eldridge, J., concur. 1 (Citation and punctuation omitted.) Patterson v. State, 202 Ga. App. 440, 441 (1) ( 414 SE2d 895 ) (1992). 2 (Citation omitted.) Huckaby v. State, 127 Ga. App. 439, 440 (1) ( 194 SE2d 119 ) (1972); accord Mallory v. State, 225 Ga. App. 418, 422 (4) ( 483 SE2d 907 ) (1997) (“ ‘A criminal defendant will not be permitted to use the discharge of counsel and employment of another as a dilatory tactic in postponing or avoiding trial of the issue.’ ”) (citation and punctuation omitted). 3 Lee v. State, 254 Ga. App. 417, 419 (2) ( 562 SE2d 800 ) (200…
cited Cited as authority (rule) Ricarte v. State
Ga. Ct. App. · 2001 · confidence medium
State v. Graham, 246 Ga. 341, 343 ( 271 SE2d 627 ) (1980).
discussed Cited as authority (rule) Primas v. State
Ga. Ct. App. · 1998 · confidence medium
Pope, P. J., and Ruffin, J., concur. 1 State v. Graham, 246 Ga. 341, 342-343 ( 271 SE2d 627 ) (1980). 2 Id. 3 Marshall v. State, 239 Ga. 101,103 (2) ( 236 SE2d 58 ) (1977) (no error where no harm shown by state’s failure to record whole voir dire); Smith v. State, 251 Ga. 229, 230 (2) ( 304 SE2d 716 ) (1983) (omission of voir dire from record not reversible error absent allegation of harm resulting from omission); Williams v. State, 265 Ga. 681, 683 (3) ( 461 SE2d 530 ) (1995) (no reversal simply because voir dire, opening statements and closing arguments not transcribed where defendant fail…
discussed Cited as authority (rule) Bryant v. State
Ga. · 1997 · confidence medium
“To raise an issue as to error in the conducting of the voir dire, objection must be made in the trial court to preserve the issue for appeal. [Cit.]” State v. Graham, 246 Ga. 341, 343 ( 271 SE2d 627 ) (1980).
cited Cited as authority (rule) Williams v. State
Ga. · 1995 · confidence medium
State v. Graham, 246 Ga. 341, 342 ( 271 SE2d 627 ) (1980).
cited Cited as authority (rule) Davis v. State
Ga. Ct. App. · 1992 · confidence medium
OCGA § 17-8-5; State v. Graham, 246 Ga. 341, 343 ( 271 SE2d 627 ). 4.
cited Cited as authority (rule) Pahnke v. State
Ga. Ct. App. · 1992 · confidence medium
State v. Graham, 246 Ga. 341, 343 ( 271 SE2d 627 ) (1980).
discussed Cited as authority (rule) Ford v. State (2×)
Ga. Ct. App. · 1991 · confidence medium
“To raise an issue as to error in the conducting of the voir dire, objection must be made in the trial court to preserve the issue for appeal. [Cit.]” State v. Graham, 246 Ga. 341, 343 ( 271 SE2d 627 ) (1980).
discussed Cited as authority (rule) McKenzie v. State
Ga. Ct. App. · 1988 · confidence medium
State v. Graham, 246 Ga. 341, 343 ( 271 SE2d 627 ). “ ‘To raise an issue as to error in the conducting of the voir dire, objection must be made in the trial court to preserve the issue for appeal.’ ” Conley v. State, 157 Ga. App. 166, 167 ( 276 SE2d 677 ).
cited Cited as authority (rule) Russell v. State
Ga. Ct. App. · 1987 · confidence medium
State v. Graham, 246 Ga. 341, 342 ( 271 SE2d 627 ) (1980).
discussed Cited as authority (rule) Maddox v. State
Ga. Ct. App. · 1985 · confidence medium
“To raise an issue as to error in the conducting of the voir dire, objection must be made in the trial court to preserve the issue for appeal. [Cit.]” State v. Graham, 246 Ga. 341, 343 ( 271 SE2d 627 ) (1980).
discussed Cited as authority (rule) Son H. Fleming v. Ralph Kemp (2×)
11th Cir. · 1984 · confidence medium
State v. Graham, 246 Ga. 341 , 271 S.E.2d 627, 628 (1980); White v. State, 146 Ga.App. 810 , 247 S.E.2d 536 (1978).
cited Cited as authority (rule) Smith v. State
Ga. Ct. App. · 1984 · confidence medium
See State v. Hutter, 251 Ga. 615, 616-617 ( 307 SE2d 910 ); State v. Graham, 246 Ga. 341, 343 ( 271 SE2d 627 ).
discussed Cited as authority (rule) Conley v. State
Ga. Ct. App. · 1981 · confidence medium
While appellant correctly cites Graham v. State, supra, for the proposition that the entire voir dire must be recorded, that case is no longer controlling, as it was reversed on certiorari by the Georgia Supreme Court “insofar as it holds that the entire voir dire in a felony case must be reported and transcribed.” State v. Graham, 246 Ga. 341, 343 ( 271 SE2d 627 ) (1980).
discussed Cited "see" Harper v. State (2×)
Ga. · 2021 · signal: see · confidence high
See Graham, 246 Ga. at 343 (holding that the term “proceedings” in former OCGA § 17-8-5 (a) refers to “objections, rulings and other matters which occur during the course of the evidence as well as any post-trial 2 Notably, except for voir dire, the entire jury selection process was transcribed in this case, including the questioning of jurors by the trial judge.
discussed Cited "see" Scott v. State (2×)
Ga. Ct. App. · 2006 · signal: see · confidence high
See State v. Graham, 246 Ga. 341 ( 271 SE2d 627 ) (1980); Conley v. State, 157 Ga. App. 166, 166-167 (1) ( 276 SE2d 677 ) (1981).
discussed Cited "see" Rhodes v. State (2×)
Ga. Ct. App. · 1996 · signal: see · confidence high
See State v. Graham, 246 Ga. 341, 343 ( 271 SE2d 627 ) (1980).
discussed Cited "see" Mapp v. State (2×)
Ga. Ct. App. · 1992 · signal: see · confidence high
See State v. Graham, 246 Ga. 341, 342 ( 271 SE2d 627 ).
discussed Cited "see" Smith v. State (2×)
Ga. · 1983 · signal: see · confidence high
See State v. Graham, 246 Ga. 341 ( 271 SE2d 627 ) (1980).
examined Cited "see, e.g." Pearson v. State (3×)
Ga. · 2021 · signal: see also · confidence medium
See also State v. Graham, 246 Ga. 341, 341-342 (271 SE2d 16 627) (1980) (holding that a materially identical predecessor of OCGA § 17-8-5 (a) did not require voir dire to be transcribed in non-death penalty cases).7 If a defendant wants those parts of the trial transcribed, he may make a specific request.
discussed Cited "see, e.g." Vaughn v. State (2×)
Ga. Ct. App. · 1985 · signal: see also · confidence low
See also State v. Graham, 246 Ga. 341 ( 271 SE2d 627 ) (1980); Zachary v. State, 245 Ga. 2 ( 262 SE2d 779 ) (1980).
discussed Cited "see, e.g." Roper v. State (2×)
Ga. · 1983 · signal: compare · confidence medium
Compare State v. Graham, 246 Ga. 341, 342 ( 271 SE2d 627 ) (1980), in which the death penalty was not involved with Owens v. State, 233 Ga. 869 ( 214 SE2d 173 ) (1975), holding that the Witherspoon voir dire must be completely recorded in death penalty cases.
examined Cited "see, e.g." Floyd v. State (4×)
Ga. Ct. App. · 1980 · signal: see also · confidence medium
A copy of the transcript of evidence and proceedings will be filed for inclusion on appeal." Thus, "it [was] the duty of the state to file the transcript after a guilty verdict ha[d] been returned in [this] felony case." Wade v. State, 231 Ga. 131, 133 ( 200 SE2d 271 ) (1973); see also State v. Graham, 246 Ga. 341, 343 ( 271 SE2d 627 ) (1980).
State
v.
GRAHAM
36203.
Supreme Court of Georgia.
Sep 16, 1980.
271 S.E.2d 627
H. Lamar Cole, District Attorney, for appellant., Tony H. Hight, Charles J. Shean, III, W. Donald Thompson, District Attorney, amicus curiae., Thomas H. Vann, Jr., for appellee.
Clarke.
Cited by 54 opinions  |  Published
Clarke, Justice.

This is a review of Graham v. State, 153 Ga. App. 658 (266 SE2d 316) (1980), on writ of certiorari. The writ was granted in order to consider whether a transcript of the voir dire is mandatory in all felony cases instead of death penalty cases only. The Court of Appeals determined that Code Ann. § 6-805 and Code Ann. § 27-2401 require reporting and transcribing the voir dire and also held that failure to provide a transcript in this case was reversible error.

Code Ann. § 6-805 (a) provides: “In all felony cases, the transcript of evidence and proceedings shall be reported and prepared as provided in Code section 27-2401, or as may hereafter be provided by law.” Code Ann. § 27-2401 states: “On the trial of all felonies the presiding judge shall have the testimony taken down, and, when directed by the judge, the court reporter shall exactly and truly record, or take stenographic notes of, the testimony and proceedings in the case, except the argument of counsel.”

Section 6-805 (d) goes further, and provides that in all civil or criminal cases which are reported by a court reporter, “all motions, colloquies, objections, rulings, all evidence — whether admitted or stricken on objection or otherwise — copies or summaries of all documentary evidence, the charge of the court, and all other proceedings which may be called in question on appeal or other post-trial procedure shall be reported, and where the report is transcribed, all such matter shall be included in the written transcript,... Where matters occur which were not reported, such as[*342] objections to oral argument, misconduct of the jury, or other like instances, the court, upon motion of either party, shall require that a transcript of these matters be made and included as a part of the record.”

In this case, counsel for defendant objected to a response of a prospective juror and moved for a mistrial on the ground that the response placed the defendant’s character in issue. The court reporter took down and transcribed the objection and motion as well as the court’s ruling. The actual questions and answers objected to were not reported, and defense counsel made no motion at that time to include them in the record or to have them reconstructed for the record. On motion for new trial, defense counsel attempted to recreate the record by recollection of those present. This attempt was unsuccessful since the assistant district attorney and the trial judge were then unable to recall what had transpired several months earlier.

Under Code Ann. § 27-2401, the state has the duty to see that the transcript is prepared and filed, though there is no time limit on this duty. State v. Hart, 246 Ga. 212 (1980). The defendant contends that voir dire is included in the “proceedings” as set forth in § 27-2401 and therefore it was error for the state to provide an incomplete transcript. The Court of Appeals agreed and found the error to be harmful in this case.

We have not treated the issue of whether the entire voir dire must be reported and transcribed in all felony cases. We have held, however, that the Witherspoon voir dire must be made part of the record in cases in which the death penalty is imposed. Owens v. State, 233 Ga. 869 (214 SE2d 173) (1975). The holding in Owens is not based on the critical nature of the voir dire itself but rather on the unique character of death penalty cases. See Witherspoon v. Illinois, 391 U. S. 510 (88 SC 1770, 20 LE2d 776) (1968). The voir dire was held to be subject to review by the court because of the mandatory review duty imposed by Code Ann. § 27-2537. Furthermore, a system of unified appeals in death penalty cases was adopted by this court on August 25, 1980. This system requires the reporting of the voir dire in cases where the death penalty is sought. This does not, however, apply to or affect other criminal cases. We do not find that Owens requires the voir dire to be reported in all felony cases.

Prior to the adoption of the Appellate Practice Act, Ga. L. 1965, p. 18, the brief of evidence on appeal was controlled by Code Ann. § 70-305 which was repeated by the Act, Ga. L. 1965, pp. 18, 38. Under the old law, the transcript on appeal contained only the evidence and did not contain any objections, colloquies and various rulings of the court on matters arising during the trial. Brown v. Clarke, 211 Ga. 61[*343] (84 SE2d 14) (1954); Hester Bennett Lumber Co. v. Alexander, 211 Ga. 402 (86 SE2d 222) (1955). The Appellate Practice Act, Code Ann. § 6-805, changed this procedure, to require that a record be made of objections and rulings of the court which may be raised on appeal. Code Ann. § 6-805 (d). Code Ann. § 27-2401 also uses the term “testimony and proceedings.” We find the intent of the term “proceedings” is to refer to objections, rulings and other matters which occur during the course of the evidence as well as any post-trial procedures.

Argued June 2, 1980 Decided September 16, 1980. H. Lamar Cole, District Attorney, for appellant. Tony H. Hight, Charles J. Shean, III, W. Donald Thompson, District Attorney, amicus curiae. Thomas H. Vann, Jr., for appellee.

To raise an issue as to error in the conducting of the voir dire, objection must be made in the trial court to preserve the issue for appeal. See White v. State, 146 Ga. App. 810 (247 SE2d 536) (1978). Any objection or motion in the course of voir dire, and the court’s ruling thereon must be reported under § 6-805 (d), as once the ruling of the court is made, it would be a matter which “may be called in question on appeal.” Since the motion and ruling were reported and available in post-trial relief in this case, we find the duty of the state to provide a transcript under § 27-2401 has been complied with. If the defendant wished a more complete record of the questioning of the juror in issue, he should have made a motion at the time of his objection to have the questions and answers made a part of the record, since the party asserting error must show it by the record. Kemp v. State, 226 Ga. 506 (175 SE2d 869) (1970). Although § 6-805 (f) and (g) provide methods for later perfecting a transcript from recollection, the undesirability of that method is shown from this case, wherein counsel for both parties cannot stipulate as to what transpired, and the judge cannot recall the events either.

We reverse the judgment of the Court of Appeals in this case, insofar as it holds that the entire voir dire in a felony case must be reported and transcribed. The case is remanded to the Court of Appeals to consider the enumerations of error in light of this opinion.

Judgment reversed and remanded.

All the Justices concur.