Berry v. State, 422 S.E.2d 861 (Ga. 1992). · Go Syfert
Berry v. State, 422 S.E.2d 861 (Ga. 1992). Cases Citing This Book View Copy Cite
65 citation events (18 in the last 25 years) across 2 distinct courts.
Strongest positive: Bannister v. State (ga, 2019-06-24)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 16 distinct citers.
discussed Cited as authority (rule) Bannister v. State
Ga. · 2019 · confidence medium
See, e.g., Rakestrau v. State, 278 Ga. 872, 874-875 ( 608 SE2d 216 ) (2005) (“[A]ll of the jurors struck by the State were African-American.”); Berry v. State, 262 Ga. 614, 614-615 ( 422 SE2d 861 ) (1992) (explaining that the State used “nine out of ten peremptory challenges to strike black jurors”); Weems v. State, 262 Ga. 101, 102 ( 416 SE2d 84 ) (1992) (“The state exercised all ten of its peremptory strikes against black jurors.”).
discussed Cited as authority (rule) Dimauro v. the State
Ga. Ct. App. · 2017 · confidence medium
See generally Ellis v. State, 300 Ga. 371, 376-78 (2) ( 794 SE2d 601 ) (2016) (discussingformer OCGA § 45-11-4). 71 Although the amended statute is not applicable here, we also note that OCGA § 17-7-52 does not define “sworn statement” either. 72 Deal v. Coleman, 294 Ga. 170, 172 (1) (a) ( 751 SE2d 337 ) (2013) (punctuation omitted); accord Arby’s Restaurant Group, Inc. v. McRae, 292 Ga. 243, 245 (1) ( 734 SE2d 55 ) (2012). 73 Deal, 294 Ga. at 172 (1) (a); see State v. Able, 321 Ga.App. 632, 636 ( 742 SE2d 149 ) (2013) (“A judge is charged with interpreting the law in accordance with…
discussed Cited as authority (rule) Hightower v. State (2×)
Ga. · 2010 · confidence medium
See Perkinson v. State, 279 Ga. 232, 238 (10) ( 610 SE2d 533 ) (2005); Berry v. State, 262 Ga. 614, 615 (3) ( 422 SE2d 861 ) (1992). 6 9.
cited Cited as authority (rule) Garey v. State
Ga. · 2000 · confidence medium
Berry v. State, 262 Ga. 614, 615 (3) ( 422 SE2d 861 ) (1992); Castell v. Kemp, 254 Ga. 556 ( 331 SE2d 528 ) (1985).
cited Cited as authority (rule) Burritt v. Media Marketing Services, Inc.
Ga. Ct. App. · 2000 · confidence medium
Berry v. State, 262 Ga. 614, 615-616 (4) ( 422 SE2d 861 ) (1992).
discussed Cited as authority (rule) Roura v. State (2×)
Ga. Ct. App. · 1994 · confidence medium
Berry v. State, 262 Ga. 614, 615 (4) ( 422 SE2d 861 ) (1992); Hill v. State, 259 Ga. 557, 558 (3b) ( 385 SE2d 404 ) (1989); Harris v. State, 202 Ga. App. 618, 620 (4c) ( 414 SE2d 919 ) (1992).
examined Cited as authority (rule) Jefferson v. State (4×)
Ga. Ct. App. · 1993 · confidence medium
Also, see such recent cases as Berry v. State, 262 Ga. 614, 615 (3) ( 422 SE2d 861 ) and Nixon v. State, 255 Ga. 656, 657, fn. 1 ( 340 SE2d 7 ), where there were claims of ineffective assistance at trial pending against appellate counsel.
cited Cited as authority (rule) Smith v. State
Ga. · 1993 · confidence medium
Berry v. State, 262 Ga. 614, 615 (2) ( 422 SE2d 861 ) (1992).
discussed Cited "see" Bacchus v. State (2×)
Ga. Ct. App. · 2013 · signal: see · confidence high
See Berry v. State, 262 Ga. 614, 615 (3) ( 422 SE2d 861 ) (1992) (holding that issue of ineffective assistance of counsel, though not waived, was not properly before the court when “trial counsel filed a motion for new trial and later filed the instant appeal wherein he raises the issue of ineffectiveness for the first time”); Harrison v. State, 201 Ga. App. 577, 581 (2) ( 411 SE2d 738 ) (1991) (holding that issue of ineffective assistance of counsel, though not waived, was not properly before the court when there was no hearing on the issue below and the appellant was still represented by…
examined Cited "see" Perkinson v. State (4×)
Ga. · 2005 · signal: see · confidence high
See Berry v. State, 262 Ga. 614, 615 (3) ( 422 SE2d 861 ) (1992); Castell v. Kemp, 254 Ga. 556, 557-558 ( 331 SE2d 528 ) (1985).
discussed Cited "see" Berry v. State (2×)
Ga. · 1993 · signal: see · confidence high
See Berry v. State, 262 Ga. 614 ( 422 SE2d 861 ) (1992) for the facts. 1 On his first appeal, appellant claimed that the trial court erred in denying his Batson objection.
discussed Cited "see, e.g." Johnathan Bacchus v. State (2×)
Ga. Ct. App. · 2013 · signal: compare · confidence medium
Compare McGuire v. State, 185 Ga. App. 233, 237-38 (3) ( 363 SE2d 850 ) (1987) (holding that appellant had not waived claim of ineffective assistance of counsel when trial court appointed trial attorney to represent appellant on appeal and instructed the attorney not to raise claims of ineffective assistance against himself). 3 direct appeal and makes a claim for ineffective assistance of counsel for the first time on appeal.4 Nevertheless, just as in those cases, Bacchus’s appellate counsel should be “precluded from presenting a claim of ineffective assistance of counsel concerning a tria…
examined Cited "see, e.g." McGuire v. State (4×)
Ga. Ct. App. · 1993 · signal: see, e.g. · confidence low
See, e.g., Berry v. State, 262 Ga. 614 ( 422 SE2d 861 ) (1992), wherein the Supreme Court, citing Robinson , found no error in the trial court's refusal to give a requested jury charge on circumstantial evidence that was not properly adjusted to the evidence in the case.
examined Cited "see, e.g." Johnson v. State (4×)
Ga. Ct. App. · 1993 · signal: see, e.g. · confidence low
See, e.g., Berry v. State, 262 Ga. 614 ( 422 SE2d 861 ) (1992), wherein the Supreme Court, citing Robinson , found no error in the trial court's refusal to give a requested jury charge on circumstantial evidence that was not properly adjusted to the evidence in the case.
examined Cited "see, e.g." Mims v. State (4×)
Ga. Ct. App. · 1993 · signal: see, e.g. · confidence low
See, e.g., Berry v. State, 262 Ga. 614 ( 422 SE2d 861 ) (1992), wherein the Supreme Court, citing Robinson , found no error in the trial court's refusal to give a requested jury charge on circumstantial evidence that was not properly adjusted to the evidence in the case.
discussed Cited "see, e.g." McChargue v. State (2×)
Ga. Ct. App. · 1993 · signal: see, e.g. · confidence low
See, e.g., Berry v. State, 262 Ga. 614 ( 422 SE2d 861 ) (1992), wherein the Supreme Court, citing Robinson, found no error in the trial court’s refusal to give a requested jury charge on circumstantial evidence that was not properly adjusted to the evidence in the case.
Berry
v.
the State
S92A0538.
Supreme Court of Georgia.
Dec 2, 1992.
422 S.E.2d 861
Steven W. Reighard, for appellant., Lewis R. Slaton, District Attorney, Carl P. Greenberg, Leonora Grant, Assistant District Attorneys, Michael J. Bowers, Attorney General, Susan V. Boleyn, Senior Assistant Attorney General, C. A. Benjamin Woolf, Assistant Attorney General, for appellee.
Bell, Hunt, Hunstein.
Cited by 30 opinions  |  Published
Bell, Presiding Justice.

Vance Berry brings this appeal from the denial of his motion for new trial following his convictions of malice murder and armed robbery of Scott Thompson. [1] We affirm, but remand for further review.

1. The appellant contends that the evidence was insufficient to support the convictions. The evidence adduced at trial showed that the victim and his brother-in-law had driven from Cobb County to Bankhead Court Apartments in Fulton County with the intention of purchasing drugs. The appellant took $60 from the victim and then shot him in the stomach with a handgun while the victim was seated as a passenger in his brother-in-law’s pickup truck. Viewed in the light most favorable to the verdict, we hold that the evidence introduced at trial authorized a rational trier of fact to find the appellant guilty of each of the offenses of which he was convicted beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2. The appellant, who is black, contends that the trial court erred in overruling his objection to the state’s use of nine out of ten peremptory challenges to strike black jurors. The objection was predicated on Batson v. Kentucky, 476 U. S. 79 (106 SC 1712, 90 LE2d 69) (1986). The transcript reveals that 29 out of 48 jurors, or 60.4 percent[*615] of the venire, were black. Two black jurors were excused for cause, so that the panel of 46 jurors was composed of 59.1 percent black jurors prior to the use of peremptory strikes by either party. The appellant struck eight blacks who had been accepted by the state, thereby, as noted by the trial court, reducing the total number of black jurors who were selected to serve. Ultimately, eight of the twelve individuals (66.6 percent) selected to serve on the jury were black and one alternate juror was black. Based on this the trial court determined that the appellant had not succeeded in establishing a prima facie showing of racial discrimination in the jury selection process, and the court therefore did not seek an explanation from the prosecutor. Nevertheless, in response to the appellant’s assertion of discrimination, the state’s attorney explained that she was not racially motivated but “strategically motivated” in her selection of jurors. In Weems v. State, 262 Ga. 101 (416 SE2d 84) (1992), although, as here, the percentage of blacks on the jury exceeded the percentage of blacks on the array, we remanded the case to the trial court for a hearing on the issue of whether the prosecution’s strikes were racially neutral where the prosecution had used all of its strikes to exclude black jurors. See also Ford v. State, 262 Ga. 558 (423 SE2d 245) (1992). Cf. Brown v. State, 261 Ga. 184 (3) (402 SE2d 725) (1991); Aldridge v. State, 258 Ga. 75 (4) (365 SE2d 111) (1988). Accordingly, a prima facie inference of racial discrimination having been established, we remand the case to the trial court for a hearing and application of the “ ‘additional scrutiny’ ” required by Weems, supra, 262 Ga. at 103 (3). In the event that, following this hearing, the trial court determines that improper racial motivation has not been demonstrated, then the appellant shall be entitled to file a renewed appeal on this issue.

3. The appellant contends on appeal that he did not receive effective assistance of counsel during the trial. The appellant’s trial counsel filed a motion for new trial and later filed the instant appeal wherein he raises the issue of ineffectiveness for the first time. Under these circumstances, although the appellant cannot be deemed to have waived this ground of appeal, it is not properly before us for consideration. See Harrison v. State, 201 Ga. App. 577, 581 (2) (411 SE2d 738) (1991); Castell v. Kemp, 254 Ga. 556 (331 SE2d 528) (1985) (motion to disqualify counsel).

4. The appellant’s remaining enumeration of error is directed to the court’s failure to give a requested charge concerning circumstantial evidence. See Robinson v. State, 261 Ga. 698 (410 SE2d 116) (1991). An examination of the transcript reveals that the trial court did in fact instruct the jurors on direct and circumstantial evidence. As the requested charge at issue was not properly adjusted to the evidence and the court’s instructions to the jury adequately covered the questions of direct and circumstantial evidence, we consequently find[*616] this enumeration of error to be without merit.

Decided December 2, 1992 Reconsiderations denied December 17, 1992. Steven W. Reighard, for appellant. Lewis R. Slaton, District Attorney, Carl P. Greenberg, Leonora Grant, Assistant District Attorneys, Michael J. Bowers, Attorney General, Susan V. Boleyn, Senior Assistant Attorney General, C. A. Benjamin Woolf, Assistant Attorney General, for appellee.

Judgment affirmed.

All the Justices concur, except Hunt, J., who concurs in the judgment only; Hunstein, J., not participating.
1

The crimes occurred on February 2, 1991. The appellant was indicted on May 14, 1991, for malice murder, felony murder and aggravated assault. He was re-indicted on August 20, 1991, to add one count of armed robbery. The trial was held on August 26, 1991, and he was sentenced to life imprisonment for the murder and a consecutive life sentence for the armed robbery. A timely motion for new trial was denied on December 4, 1991. Appellant filed his notice of appeal on December 31, 1991. The case was docketed in this court on February 24, 1992, and argued orally on April 29, 1992.