Maxwell v. State, 414 S.E.2d 470 (Ga. 1992). · Go Syfert
Maxwell v. State, 414 S.E.2d 470 (Ga. 1992). Cases Citing This Book View Copy Cite
224 citation events (44 in the last 25 years) across 5 distinct courts.
Strongest positive: Agyemang v. the State (gactapp, 2015-10-22) · Strongest negative: Palmer v. State (ga, 1999-06-01)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers.
discussed Overruled Palmer v. State (2×)
Ga. · 1999 · confidence high
This case was docketed on September 28, 1998, and orally argued on January 25, 1999. 2 During the trial, the parties and the trial court erroneously characterized this assault as a “prior difficulty.” See Maxwell v. State, 262 Ga. 73, 74-75 (2) (b) ( 414 SE2d 470 ) (1992), overruled by Wall v. State, 269 Ga. 506, 507-508 (2) ( 500 SE2d 904 ) (1998). 3 The trial court prevented the State from presenting evidence about the reason for this traffic stop.
discussed Cited as authority (rule) Agyemang v. the State (2×)
Ga. Ct. App. · 2015 · confidence medium
Further, the evidence of *140 such prior difficulties between the defendant and a victim “should not be admitted at all if there is no probative connection with the present case.” (Citation and punctuation omitted.) Maxwell v. State, 262 Ga. 73, 75 (2) (b) ( 414 SE2d 470 ) (1992) (overruled on other grounds by Wall v. State, 269 Ga. 506, 508-509 (2) ( 500 SE2d 904 ) (1998)).
discussed Cited as authority (rule) State of Iowa v. Hillary Lee Tyler (2×)
Iowa · 2015 · confidence medium
Evid. 5.702; see, e.g., Sosnowicz, 270 P.3d at 922 (noting that “it does not appear that [the medical examiner] relied on any ‘specialized knowledge’ to classify the death as a ‘homicide’ rather than an ‘accident’ ” when the medical examiner “based his conclusion that the death was a homicide on the circumstances reported to him by the police”); Maxwell v. State, 262 Ga. 73 , 414 S.E.2d 470, 473-74 (1992) (holding “[t]he medical examiner should not have been permitted to testify as to his conclusion or opinion of the manner of death” when “his opinion that the manner …
cited Cited as authority (rule) Sharpe v. State
Ga. · 2012 · confidence medium
Maxwell v. State, 262 Ga. 73, 76 ( 414 SE2d 470 ) (1992), overruled on other grounds, Wall v. State, 269 Ga. 506 ( 500 SE2d 904 ) (1998).
discussed Cited as authority (rule) Baraka v. Commonwealth (2×)
Ky. · 2006 · confidence medium
E.g., Maxwell v. State, 262 Ga. 73 , 414 S.E.2d 470, 473-74 (1992) (error to permit medical examiner to testify that manner of death was homicide where witness could not determine cause of death, relied solely on evidence of other lay witnesses, and admitted opinion was based on factors the jury could determine for themselves), overruled on other grounds by Wall v. State, 269 Ga. 506 , 500 S.E.2d 904 (1998); State v. Pinero, 70 Haw. 509 , 778 P.2d 704, 709 (1989) (error to permit forensic pathologist to express opinion that victim’s death was a homicide and not an accident where defendant ad…
discussed Cited as authority (rule) Frazier v. State
Ga. Ct. App. · 2003 · confidence medium
While describing a statement relating to a photograph, the officer testified that it “describes the money that I retrieved from the defendant’s pocket, which is in fact the victim’s cab money of the fares that he made that day.” “Because the jury is the trier of fact, witnesses are generally not allowed to express their opinion as to ultimate issues involved in the case, as this is the province of the jury.” Maxwell v. State, 262 Ga. 73, 76 (5) ( 414 SE2d 470 ) (1992), overruled on other grounds, Wall v. State, 269 Ga. 506, 509 (2) ( 500 SE2d 904 ) (1998).
discussed Cited as authority (rule) Hand v. Pettitt
Ga. Ct. App. · 2002 · confidence medium
For similar difficulties between the parties and similar transactions to be probative and therefore admissible, there must exist “some link of association, something which draws together the preceding and subsequent acts, something which gives color of cause and effect to the transaction.” (Citations omitted.) Maxwell v. State, 262 Ga. 73, 75 (2) ( 414 SE2d 470 ) (1992), overruled on other grounds, Wall v. State, supra at 510; see also Grimes v. State, 232 Ga. App. 155, 156 (2) ( 500 SE2d 609 ) (1998); Todd v. State, 230 Ga. App. 849, 852 (2) ( 498 SE2d 142 ) (1998), overruled on other gro…
discussed Cited as authority (rule) Prater v. State (2×)
Ga. · 2001 · confidence medium
Lockhart v. Nelson, 488 U.S. 33 , 109 S.Ct. 285 , 102 L.Ed.2d 265 *873 (1988); Maxwell v. State, 262 Ga. 73, 74 (1), 414 S.E.2d 470 (1992), overruled on other grounds, Wall v. State, 269 Ga. 506, 509 (2), 500 S.E.2d 904 (1998); State v. Malufau, supra at 622 (I).
discussed Cited as authority (rule) Sams v. State
Ga. Ct. App. · 1999 · confidence medium
Defendant contends the trial court erred in failing to strike Officer Rosine’s opinion testimony regarding why he believed defendant wrecked his car while en route home from “Runaround Sue’s.” Citing Maxwell v. State, 262 Ga. 73, 76 (5) ( 414 SE2d 470 ), overruled on other grounds, Wall v. State, 269 Ga. 506, 507 (2), 509 ( 500 SE2d 904 ), defendant argues that this testimony should not have been permitted because it went to the ultimate issue of fact for the jury.
discussed Cited as authority (rule) Columbus v. State
Ga. · 1999 · confidence medium
Accord Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). 4 Strickland, 466 U. S. at 697 . 5 See Goodwin a Cruz-Padillo, 265 Ga. 614, 615 ( 458 SE2d 623 ) (1995). 6 Columbus alleges that this witness would have testified that the victim showed her a knife on the afternoon of the crimes and told her that she was going to “get Columbus” with it when he got home. 7 Cruz-Padillo, 265 Ga. at 617-618 . 8 See Bagwell v. State, 270 Ga. 175, 178-179 ( 508 SE2d 385 ) (1998). 9 See Cruz-Padillo, 265 Ga. at 616-617 . 10 See OCGA § 16-5-3 (a). 11 See Roberts v. State, 165 Ga. A…
discussed Cited as authority (rule) Sutton v. State
Ga. Ct. App. · 1999 · confidence medium
We note that it is no longer necessary for trial courts to “conduct a pre-trial hearing and make certain findings before evidence of prior difficulties between the defendant and the victim can be admitted at trial.” Wall, supra at 509 , overruling Maxwell v. State, 262 Ga. 73, 74 (2) ( 414 SE2d 470 ) (1992).
cited Cited as authority (rule) Smith v. State
Ga. · 1998 · confidence medium
Smith cites Maxwell v. State, 262 Ga. 73, 75 ( 414 SE2d 470 ) (1992), for the proposition that it was error to admit this evidence without compliance with USCR 31.1 and 31.3.
discussed Cited as authority (rule) Dixson v. State
Ga. · 1998 · confidence medium
In order to comply with Uniform Superior Court Rule 31 as construed in Maxwell v. State, 262 Ga. 73, 74 (2) ( 414 SE2d 470 ) (1992), the State gave notice and made a pretrial proffer of two instances of “prior difficulties” between Dixson and Ms. Smith. *900 Dixson enumerates as error the subsequent admission at trial of evidence of the two incidents.
discussed Cited as authority (rule) Price v. State
Ga. · 1998 · confidence medium
The case was docketed in this court on September 23, 1997, and submitted for decision without oral arguments on November 17, 1997. 2 Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 Holcomb v. State, 268 Ga. 100, 104 ( 485 SE2d 192 ) (1997) (testimony that victim had stolen drugs from defendant and thus owed defendant money is admissible to establish motive for crime); Baxter v. State, 254 Ga. 538, 546 ( 331 SE2d 561 ) (1985) (although jail *375 inmate’s statement placed defendant’s character in issue by showing defendant was in jail on an unrelated charge, testimony w…
discussed Cited as authority (rule) Grimes v. State
Ga. Ct. App. · 1998 · confidence medium
The five incidents of prior violence toward the victim lead logically and in steady progression to the acts of violence against the victim for which appellant was indicted and lend “some link of association, something which draws together the preceding and subsequent acts, something which gives color of cause and effect to the transaction, and sheds light upon the motive of the parties.” Maxwell v. State, 262 Ga. 73, 75 ( 414 SE2d 470 ) (1992).
discussed Cited as authority (rule) Adams v. State
Ga. Ct. App. · 1998 · confidence medium
We have allowed an exception to this general rule for opinions or conclusions, even as to ultimate issues, where ‘the conclusion of the expert is one which jurors would not ordinarily be able to draw for themselves; i.e., the conclusion is beyond the ken of the average layman.’ [Cit.]” Maxwell v. State, 262 Ga. 73, 76-77 (5) ( 414 SE2d 470 ) (1992).
cited Cited as authority (rule) Hawkins v. State
Ga. Ct. App. · 1998 · confidence medium
“Here, [for aught that appears of record,] no such notice was provided and its absence was error.” Maxwell v. State, 262 Ga. 73, 74 (2) (a) ( 414 SE2d 470 ).
cited Cited as authority (rule) Norris v. State
Ga. Ct. App. · 1998 · confidence medium
Maxwell v. State, 262 Ga. 73, 76 (4) ( 414 SE2d 470 ) (1992).
cited Cited as authority (rule) Jennings v. State
Ga. Ct. App. · 1998 · confidence medium
The trial court found these occurrences admissible under the criteria enunciated in Maxwell v. State, 262 Ga. 73, 74 (2) (b) ( 414 SE2d 470 ).
discussed Cited as authority (rule) Stirrat v. State
Ga. Ct. App. · 1997 · confidence medium
Accordingly, this enumeration is deemed withdrawn. 2 The Supreme Court has held that “[b]efore evidence of prior difficulties or quarrels [between the defendant and the victim] can be presented to a jury, the trial court must conduct a hearing pursuant to Uniform Superior Court Rule 31.3 (B) just as it must do with respect to independent offenses or acts.” Maxwell v. State, 262 Ga. 73, 75 ( 414 SE2d 470 ) (1992).
discussed Cited as authority (rule) McTaggart v. State
Ga. Ct. App. · 1997 · confidence medium
This Court notes that, although the parties argue this issue under a Williams analysis, the facts and circumstances of this case require that an analysis be made, not under Williams as a prior similar transaction, but under Maxwell v. State, 262 Ga. 73, 74-75 (2) ( 414 SE2d 470 ) (1992), as prior difficulties between the parties where the issue is not similarity with an independent crime, but the existence of a nexus between the prior conduct and the subsequent crimes, between the same people, arising from their difficulties with each other. 1 USCR 31.3 (B) applies to a Maxwell analysis and wa…
discussed Cited as authority (rule) Bacon v. State (2×)
Ga. Ct. App. · 1997 · confidence medium
Maxwell v. State, 262 Ga. 73, 76-77 (5), 414 S.E.2d 470 (1992).
discussed Cited as authority (rule) Fairbanks v. State
Ga. Ct. App. · 1997 · confidence medium
Birdsong, P. J, and Ruffin, J., concur. 1 The proper analysis for the admissibility of prior difficulties is found in Maxwell v. State, 262 Ga. 73, 75 ( 414 SE2d 470 ) (1992), which extends the Williams similar transaction admissibility threshold to evidence of prior difficulties between the parties.
cited Cited as authority (rule) Warbington v. State
Ga. · 1997 · confidence medium
Maxwell v. State, 262 Ga. 73, 74 (2) ( 414 SE2d 470 ) (1992).
examined Cited as authority (rule) Simmons v. State (3×) also: Cited "see, e.g."
Ga. · 1996 · confidence medium
The trial court then determines admissibility "as to each prior difficulty or quarrel." Maxwell at 75, 414 S.E.2d 470 .
discussed Cited as authority (rule) Stewart v. State (2×)
Ga. · 1995 · confidence medium
On the appeal of Stewart’s conviction, this Court remanded the case to the trial court to conduct a post-trial hearing to determine whether the State’s evidence of Stewart’s alleged threat against the victim comported with the standards set forth in Maxwell v. State, 262 Ga. 73, 74 (2) (b) ( 414 SE2d 470 ) (1992).
discussed Cited as authority (rule) Hodges v. State (2×)
Ga. · 1995 · confidence medium
Over Hodges’ objection, a witness was permitted to testify that seven or eight years previously, Hodges told him that if he were a “hit man,” he would bind his victim’s hands behind his back with wire or tape, put him on his knees and shoot him with a “high-powered weapon.” In Maxwell v. State, 262 Ga. 73, 75 (3) ( 414 SE2d 470 ) (1992), this Court held that it was error to allow the state to introduce evidence that defendant had engaged in two conversations in which he explained how he would kill someone.
cited Cited as authority (rule) Williams v. State
Ga. Ct. App. · 1995 · confidence medium
Barrett v. State, 263 Ga. 533, 535 ( 436 SE2d 480 ) (1993); Maxwell v. State, 262 Ga. 73, 75 ( 414 SE2d 470 ) (1992).
discussed Cited as authority (rule) McMichen v. State
Ga. · 1995 · confidence medium
The case was orally argued on February 13, 1995. 5 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 6 Strickland, 247 Ga. at 228 . 7 Id. at 232 . 8 Id. at 230 ; OCGA § 17-10-30 (b) (2). 9 Strickland, 247 Ga. at 230. 10 Id. at 232. 11 Id. 12 Id. at 778. 13 Id. at 782. 14 Id. at 784. 15 Id. at 783. 16 Id. at 785 (Weltner, J., concurring specially). 17 Wilson v. State, 250 Ga. 630, 638 ( 300 SE2d 640 ) (1983). 18 See, e.g., Burden v. State, 250 Ga. 313, 316 ( 297 SE2d 242 ) (1982); Godfrey v. State, 248 Ga. 616, 625 ( 284 SE2d 422 ) (1981); Waters v. State, 248 Ga. 355, 368 (…
discussed Cited as authority (rule) Thornton v. State
Ga. · 1994 · confidence medium
The notice provided by the state in conjunction with the proffer at the Williams hearing put Thornton on notice of the similar transactions evidence the state intended to offer at trial such that Thornton had “a meaningful opportunity to rebut that evidence.” Maxwell v. State, 262 Ga. 73, 74 ( 414 SE2d 470 ) (1992). 8.
discussed Cited as authority (rule) Giles v. State
Ga. Ct. App. · 1993 · confidence medium
Since the decision in Maxwell v. State, 262 Ga. 73, 74 (2), 75 ( 414 SE2d 470 ), before evidence of prior difficulties between an accused and a victim can be presented, the trial court must conduct a hearing pursuant to Uniform Superior Court Rule 31.3 (B) at which the State must make a showing as to each prior difficulty of the three affirmative showings outlined in Williams v. State, 261 Ga. 640, 641 (2), 642 (b) ( 409 SE2d 649 ), and the trial court must make a determination that as to each prior difficulty that these three showings have been satisfactorily made before the State may present…
discussed Cited as authority (rule) Barrett v. State (2×)
Ga. · 1993 · confidence medium
However, in Maxwell v. State, 262 Ga. 73, 74 (2) (a) ( 414 SE2d 470 ) (1992), we held that Uniform Superior Court Rule 31.1 requires the [S]tate to provide defendant with notice of its intent to present evidence of similar transactions or occurrences, including evidence of prior difficulties between defendant and the victim, at least ten days before trial, unless the trial court lengthens or shortens the notice time. [Cit.] (Emphasis supplied.) Only Loggins was cited as authority for this proposition and neither Rainwater nor Towns was overruled.
discussed Cited as authority (rule) Medlock v. State (2×)
Ga. · 1993 · confidence medium
Here, however, the jury could reach no conclusion, based on this expert's testimony, other than that death was homicide, and the expert's testimony did not invade the province of the jury. [3] See also Maxwell v. State, 262 Ga. 73, 76-77 (5) ( 414 SE2d 470 ) (1992) (neither expert's own investigation nor his expertise as a forensic pathologist led to his conclusion that death was a homicide).
discussed Cited as authority (rule) Maxwell v. State
Ga. · 1993 · confidence medium
We note that unlike Maxwell v. State, 262 Ga. 73, 76 (5), supra, where the pathologist improperly stated his opinion regarding the manner of death (homicide), here, the pathologist gave his opinion regarding a possible cause of death, that is, by a single blow.
cited Cited as authority (rule) Wells v. State
Ga. Ct. App. · 1993 · confidence medium
Maxwell v. State, 262 Ga. 73, 74 (2a) ( 414 SE2d 470 ).
discussed Cited as authority (rule) Adams v. State (2×)
Ga. Ct. App. · 1993 · confidence medium
Moreover, the trial court must make a determination on the record that each of these required affirmative showings has been made (Maxwell v. State, 262 Ga. 73, 75, n. 2 ( 414 SE2d 470 ) and accompanying text); these determinations must be made after a USCR 31.3 (B) hearing and before the evidence of a similar transaction is presented to a jury (Williams, 261 Ga., supra at 642 (2) (c); Maxwell, supra at 75 (2); Stephan v. State, supra at 243 *34 (2)); see generally Hansen v. State, 205 Ga. App. 604, 605 (1) ( 423 SE2d 273 ); USCR 31.2 and 31.3.
discussed Cited as authority (rule) Rider v. State
Ga. Ct. App. · 1993 · confidence medium
The Supreme Court held in Maxwell v. State, 262 Ga. 73, 74-75 (2) ( 414 SE2d 470 ) (1992) that the prior notice requirements of the Uniform Superior Court Rules and the procedure set forth in Williams v. State, 261 Ga. 640 ( 409 SE2d 649 ) (1991) apply to evidence of prior difficulties between the defendant and the victim.
discussed Cited "see" Green v. State (2×)
Ga. · 2012 · signal: see · confidence high
See Maxwell v. State, 262 Ga. 73, 74 (1) ( 414 SE2d 470 ) (1992), overruled on other grounds, Wall v. State, 269 Ga. 506, 509 (2) ( 500 SE2d 904 ) (1998).
cited Cited "see" Rollins v. State
Md. · 2006 · signal: see · confidence high
See Maxwell, 414 S.E.2d at 473-74 (citations omitted), State v. Vining, 645 A.2d at 20-21 (footnote and citations omitted).
discussed Cited "see" Suits v. State (2×)
Ga. · 1998 · signal: accord · confidence high
Accord McGee v. State, 267 Ga. 560, 566 (5) ( 480 SE2d 577 ) (1997). 7 Chapel at 155 . 8 Roper at 203 . 9 See Maxwell v. State, 262 Ga. 73, 76 (5) ( 414 SE2d 470 ) (1992). 10 See Coleman v. State, 257 Ga. 313, 314 (2) ( 357 SE2d 566 ) (1987); Anderson v. State, 258 Ga. 278, 279 (3) ( 368 SE2d 508 ) (1988). 11 Carr v. State, 265 Ga. 477 (2) ( 457 SE2d 559 ) (1995). 12 Id.; Holland v. State, 267 Ga. 833, 836-837 (2) ( 483 SE2d 584 ) (1997). 13 Washington v. State, 253 Ga. 173 (2) ( 318 SE2d 55 ) (1984), quoting OCGA § 15-12-167. 14 See Forney v. State, 255 Ga. 316, 317 (1) ( 338 SE2d 252 ) (198…
discussed Cited "see" Todd v. State (2×)
Ga. Ct. App. · 1998 · signal: see · confidence high
See Maxwell v. State, 262 Ga. 73, 74 (2) (b) ( 414 SE2d 470 ) (1992). (a) There was no error with regard to the admission of the prior *852 difficulties between the parties since the evidence showed: (1) appellant was the perpetrator of the assault/rape; (2) the motive and course of conduct between the parties; and (3) “some link of association, something which draws together the preceding and subsequent acts, something which gives color of cause and effect to the transaction.” Id. at 75 ; McTaggart v. State, 225 Ga. App. 359 ( 483 SE2d 898 ) (1997).
discussed Cited "see" Basu v. State (2×)
Ga. Ct. App. · 1997 · signal: see · confidence high
Williams v. State, 218 Ga. App. 785, 787 (2) ( 463 SE2d 372 ) (1995); see Maxwell v. State, 262 Ga. 73, 75 (2) ( 414 SE2d 470 ) (1992). 2 2.
discussed Cited "see" Parker v. State (2×)
Ga. Ct. App. · 1996 · signal: see · confidence high
See Maxwell v. State, 262 Ga. 73, 74-75 ( 414 SE2d 470 ) (1992).
discussed Cited "see" Hawkins v. State (2×)
Ga. · 1994 · signal: see · confidence high
See Maxwell v. State, 262 Ga. 73, 75 ( 414 SE2d 470 ) (1992); see also Williams v. State, 250 Ga. 553, 560 ( 300 SE2d 301 ) (1983).
discussed Cited "see" Prejean v. State (2×)
Ga. Ct. App. · 1993 · signal: see · confidence high
See Maxwell v. State, 262 Ga. 73, 76 (5) ( 414 SE2d 470 ) (1992).
discussed Cited "see" Wooten v. State (2×)
Ga. · 1993 · signal: see · confidence high
See Maxwell v. State, 262 Ga. 73 (2) ( 414 SE2d 470 ) (1992).
discussed Cited "see, e.g." Thomas v. State (2×)
Ga. Ct. App. · 2004 · signal: compare · confidence medium
J., and Johnson, P. J., concur. 1 See OCGA §§ 16-5-20 (a) (1), (2); 16-5-21 (a) (2). 2 OCGA § 16-8-7 (a). 3 (Citation and punctuation omitted.) Graham v. State, 236 Ga. App. 673, 675-676 (2) (a) ( 512 SE2d 921 ) (1999). 4 Compare Brown v. State, 265 Ga. App. 613, 614 (1) ( 594 SE2d 770 ) (2004) (buying at price grossly less than real value sufficient to excite suspicion); Dunbar v. State, 228 Ga. App. 104 , *183 107 (1) (b) ( 491 SE2d 166 ) (1997) (buying damaged car without key would excite suspicion); Leachman v. State, 226 Ga. App. 98 ( 485 SE2d 587 ) (1997) (buyer of firearms convicted …
discussed Cited "see, e.g." Willis v. State (2×)
Ga. · 2002 · signal: see also · confidence medium
Willis filed a notice of appeal on May 25, 2001; the case was docketed in this Court on August 29, 2001, and submitted for decision without oral arguments on September 22, 2001. 2 See Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 See Chapel v. State, 270 Ga. 151, 155 ( 510 SE2d 802 ) (1998). 4 See Lee v. State, 270 Ga. 626, 627 ( 513 SE2d 225 ) (1999) (trial court erred in admitting victim’s hearsay statement under necessity exception when there was direct evidence of animosity between the defendant, his brother, and the victim). 5 See Weems v. State, 269 Ga. 577, 57…
cited Cited "see, e.g." Fitzpatrick v. State
Ga. · 1997 · signal: compare · confidence medium
Compare Sweatman v. State, 181 Ga. App. 474 (1) ( 352 SE2d 796 ) (1987) (substantial compliance) with Maxwell v. State, 262 Ga. 73, 74 (2) (a) (414 *425 SE2d 470) (1992) (non-compliance).
discussed Cited "see, e.g." Jones v. State (2×)
Ga. · 1994 · signal: see also · confidence medium
See also Maxwell v. State, 262 Ga. 73, 75 (2) (b) ( 414 SE2d 470 ) (1992).
Maxwell
v.
the State
S91A1468.
Supreme Court of Georgia.
Mar 19, 1992.
414 S.E.2d 470
Samuel F. Greneker, James G. Tunison, Jr., for appellant., H. Lamar Cole, District Attorney, J. David Miller, Assistant District Attorney, Michael J. Bowers, Attorney General, Peggy R. Katz, Staff Attorney, for appellee.
Fletcher, Hunt, Benham.
Cited by 89 opinions  |  Published
Fletcher, Justice.

Sidney Dean Maxwell was convicted of murdering his wife, Gina Maxwell. He appeals and we reverse. [1]

Appellant’s wife spent the morning and early afternoon of August 11, 1990 working in the yard of her home with appellant, their three children, and appellant’s mother and step-father. Appellant’s wife left her home about 2:30 p.m. to go to the Moody Air Force Base where she worked in housekeeping. Appellant called his wife at the base about 9:30 p.m. and spoke with her briefly.

Appellant testified that when he awoke the next morning, he discovered that his wife had not come home from work the night before. Appellant called his parents and then the police with whom he placed a missing person’s report. While appellant stayed at home with the baby, his parents drove to the base to see if they could find Gina Maxwell. Although they did not find her, they did find her car in the parking lot of a shopping center where a fast food restaurant and a bar were located. It was discovered that she had signed out at work the night before at 11:00 p.m. and, later in the day, her pocketbook and wallet were found in a dumpster located in the parking lot where her car had been found.

On August 17,1990, Gina Maxwell’s fully clothed body was found in a wooded area to the east of the shopping center where her car and pocketbook had been found. An autopsy was performed, however, the[*74] body and skeletal system showed no sign of fractures or trauma. While an analysis of body tissue and fluid revealed the presence of .06 grams of ethyl alcohol, the medical examiner who performed the autopsy on Gina Maxwell was not able to determine when, where, or how the death occurred.

1. Considering all of the evidence admitted by the trial court, even that evidence which was erroneously admitted, we conclude that a rational trier of fact could have found Maxwell guilty of the crimes charged beyond a reasonable doubt. Lockhart v. Nelson, 488 U. S. 33 (109 SC 285, 102 LE2d 265) (1988).

2. Appellant contends that the trial court erred by permitting the state to introduce evidence concerning three prior incidents involving appellant and his wife: one in 1987, one in 1988, and a third in 1990. We agree.

(a) Uniform Superior Court Rule 31.1 requires the state to provide defendant with notice of its intent to present evidence of similar transactions or occurrences, including evidence of prior difficulties between defendant and the victim, at least ten days before trial, unless the trial court lengthens or shortens the notice time. Loggins v. State, 260 Ga. 1, 2 (388 SE2d 675) (1990). Here, no such notice was provided and its absence was error.

The state contends that the appellant had actual notice of its intent to present such evidence because appellant had been in possession of the state’s file, all 780 pages of it, since January of 1990 and the statement of the witness that testified as to the 1987 and 1988 incidents was a part of that file as was the statement of the witness that testified as to the 1990 incident. A copy of the state’s entire file was given to appellant in response to the trial court’s order to turn over “everything that [the state] had in its file concerning evidence which might be relevant or even irrelevant, exculpatory and inculpatory in connection with this investigation and the case.”

As we recognized in Loggins, supra, Superior Court Rule 31 recognizes the difficulty of rebutting evidence of specific acts unless timely notice of the state’s intention to offer evidence of those acts is given. Section 3 (B) of Rule 31 requires that the notice be in a specific form to ensure that the state actually notifies the defendant of its intent to use certain evidence so that the defendant will have a meaningful opportunity to rebut that evidence. Burying the defendant with paper by providing him with a copy of its entire case file does not accomplish the state’s duty of notifying the defendant of the specific acts it intends to present evidence of to the jury.

(b) As we once again acknowledged in Williams v. State, 261 Ga. 640 (409 SE2d 649) (1991), because the general character of an accused is inadmissible unless the accused chooses to put his character in issue, we prohibit the admission of evidence of distinct, indepen[*75] dent, and separate offenses or acts where there is no logical connection between the crime charged and those independent offenses or acts. Prohibition of such evidence helps to ensure that an accused is tried for the offense for which he was indicted rather than for other acts which may have occurred in the past.

Evidence of prior difficulties between an accused and a victim is a type of character evidence which “should be received with care and should not be admitted at all if there is no probative connection with the present case. . . .” Cooper v. State, 256 Ga. 234, 235 (347 SE2d 553) (1986). For there to be a probative connection between the prior difficulties and the present case, there must be:

some link of association, something which draws together the preceding and subsequent acts, something which gives color of cause and effect to the transaction, and sheds light upon the motive of the parties. . . .

Pound v. State, 43 Ga. 88, 89 (1871). See also Horton v. State, 110 Ga. 739, 740-741 (35 SE 659) (1900). Where there are recent quarrels or difficulties between the accused and the victim which continue up until the time of the victim’s death, those prior quarrels or difficulties may shed some light upon the motive for the homicide and may, therefore, be admissible. Gunter v. State, 243 Ga. 651, 656 (256 SE2d 341) (1979).

Before evidence of prior difficulties or quarrels can be presented to a jury, the trial court must conduct a hearing pursuant to Uniform Superior Court Rule 31.3 (B) just as it must do with respect to independent offenses or acts. Accord Williams v. State, supra. At that hearing, for each prior difficulty or quarrel the state seeks to introduce, the state must make the three affirmative showings we outlined in Williams, 261 Ga. at 641-643, and the trial court must then make a determination, as to each prior difficulty or quarrel, that these three showings have been satisfactorily made before the state may present any evidence of that difficulty or quarrel to the jury. [2]

3. Appellant argues that the trial court erred by allowing the state to introduce evidence of two conversations appellant purportedly had with third parties prior to the death of his wife. One conversation about which appellant complains occurred over a year before his wife’s death. A witness was allowed to testify, over objection, that appellant said that if he were going to kill someone, he would do so by weighting the body and throwing it into a pond. The conversation did not concern appellant’s wife. Her body was not found near a pond or any other body of water and there was no evidence that she had[*76] drowned or that her body had been weighted.

The second conversation about which appellant complains is alleged to have occurred in June of 1990. A witness was allowed to testify, over objection, that appellant had told her of a way to kill someone that involved a wire, a light bulb and one other item that the witness could not remember. The conversation did not concern appellant’s wife. There was no evidence to indicate that any of these items were involved in her death.

Both of these conversations were irrelevant and highly prejudicial. They did nothing more than bring appellant’s character into evidence and both should have been excluded pursuant to OCGA § 24-2-1.

4. Appellant contends that the trial court erred by refusing to grant a mistrial after a witness testified that appellant had said something to the effect that if his father-in-law did not get off his back, appellant would blow out his father-in-law’s brains. The state informed the trial court that it was as surprised by the statement as the appellant was and showed the trial court the witness’ prior out-of-court statement which included no such reference.

Clearly, the statement was irrelevant and prejudicial. However, the trial court recognized this by instructing the jury to disregard the statement. Choosing to give such a limiting instruction rather than declaring a mistrial was within the sound discretion of the trial court. Should the state choose to retry this case, we are confident that it will take steps to ensure that the witness involved will not be allowed to make the same mistake again.

5. Appellant also contends that the trial court erred by permitting the medical examiner who performed the autopsy to testify that, in his opinion, the manner of death, as opposed to the cause of death, was due to homicide. We agree.

The medical examiner, qualified as an expert in forensic pathology, specifically testified that he could not determine a cause of death based upon his examination of the body, including the autopsy. He also specifically testified that his opinion that the manner of death was due to homicide was based entirely upon the circumstances surrounding Gina Maxwell’s demise as related to him by a detective working on the case. In fact, the medical examiner admitted that his opinion as to the manner of death “[was] based on things the jury could determine themselves.”

Because the jury is the trier of fact, witnesses are generally not allowed to express their opinion as to ultimate issues involved in the case, as this is the province of the jury. We have allowed an exception to this general rule for opinions or conclusions, even as to ultimate issues, where “the conclusion of the expert is one which jurors would not ordinarily be able to draw for themselves; i.e., the conclusion is[*77] beyond the ken of the average layman.” Smith v. State, 247 Ga. 612, 619 (277 SE2d 678) (1981).

Decided March 19, 1992. Samuel F. Greneker, James G. Tunison, Jr., for appellant. H. Lamar Cole, District Attorney, J. David Miller, Assistant District Attorney, Michael J. Bowers, Attorney General, Peggy R. Katz, Staff Attorney, for appellee.

However, it remains clear that:

“where it is possible for [the jurors] to take the same elements and constituent factors which guide the expert to his conclusions and from them alone make an equally intelligent judgment of their own, independently of the opinion of others, then undoubtedly this should be done.”

Fordham v. State, 254 Ga. 59 (325 SE2d 755) (1985), quoting from Metropolitan Life Ins. Co. v. Saul, 189 Ga. 1, 9 (5 SE2d 214) (1939). It is only where:

“the nature of the question is such that the factors leading to a conclusion are not known to the common or average man, but are among those things shrouded in the mystery of professional skill or knowledge, . . .”

id. at 59, 60, that the opinion or conclusion of an expert should be deferred to as to an ultimate issue.

Here, the factors which led the medical examiner to his conclusion that Gina Maxwell’s death was a homicide are factors well within the knowledge and understanding of the jury. The medical examiner should not have been permitted to testify as to his conclusion or opinion of the manner of death where his investigation did not lead to that conclusion and where his expertise as a forensic pathologist was not needed or used in reaching that conclusion.

Based upon our holdings in Divisions 2, 3 and 5, appellant’s conviction is reversed.

Judgment reversed.

All the Justices concur, except Hunt and Benham, JJ., who dissent.
1

The alleged crime occurred sometime between August 12, 1990 and August 17, 1990. Appellant was indicted on October 8,1990. The jury returned its verdict of guilty on May 2, 1991 and appellant was sentenced to life imprisonment that same day. A notice of appeal to this court was filed on May 6, 1991 and the case was orally argued before this court on October 16, 1991.

2

This determination by the trial court must be made a part of the record.