Woodham v. State, 439 S.E.2d 471 (Ga. 1993). · Go Syfert
Woodham v. State, 439 S.E.2d 471 (Ga. 1993). Cases Citing This Book View Copy Cite
“trial court has no duty to rebuke counsel or give curative instructions unless specifically requested by the defendant”
99 citation events (62 in the last 25 years) across 2 distinct courts.
Strongest positive: Meadows v. State (ga, 2023-03-21)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 30 distinct citers.
examined Cited as authority (quoted) Meadows v. State (2×)
Ga. · 2023 · quote attribution · 2 verbatim quotes · confidence low
trial court has no duty to rebuke counsel or give curative instructions unless specifically requested by the defendant
discussed Cited as authority (rule) Robinson v. State
Ga. · 2026 · confidence medium
Compare Bates, 317 Ga. at 819 (stating that appellant made a “contemporaneous motion” when he objected “as soon as” the witness testified about the prohibited topic and then asked for the jury to be excused and moved for a mistrial) with Pittman v. State, 318 Ga. 819, 829 (2024) (holding that the issue of the trial court denying a mistrial was not preserved for appeal when defendant “did not object to the State’s question, which clearly was intended to elicit the testimony discussed at the pretrial hearings, and did not move to strike [the witness’s] answer, and then waited until…
examined Cited as authority (rule) Pierre K. Riley v. State (5×) also: Cited "see"
Ga. Ct. App. · 2020 · confidence medium
“Under OCGA § 17-8-75, when counsel makes a statement of a prejudicial matter which is not in evidence, the court must interpose and prevent such statement, and, on objection, shall rebuke counsel and provide curative instructions to the jury.” Woodham, 263 Ga. at 580 (1) (a); accord Billups, 234 Ga. App. at 829 (2). 9 However, “[a] mere objection to alleged improper argument of counsel, without more, is not sufficient to invoke a ruling of the court . . . .” Hinton v. State, 233 Ga. App. 213, 214 (2) ( 504 SE2d 49 ) (1998) (punctuation omitted).
discussed Cited as authority (rule) Hudson v. State
Ga. Ct. App. · 2009 · confidence medium
Johnson, P. J., and Barnes, J., concur. 1 See Woodham v. State, 263 Ga. 580, 582 (3) ( 439 SE2d 471 ) (1993); Davis v. State, 281 Ga. App. 855, 862 (6) ( 637 SE2d 431 ) (2006). 2 See State v. Alvarado, 260 Ga. 563, 564 ( 397 SE2d 550 ) (1990) (a written request to charge a lesser included offense must always be given if there is any evidence that the defendant is guilty of the lesser included offense). 3 See Matthews v. State, 224 Ga. App. 407, 408 (1) ( 481 SE2d 235 ) (1997) (intent to injure is not an element of aggravated assault with a deadly weapon when the assault element is predicated o…
cited Cited as authority (rule) Jowers v. State
Ga. Ct. App. · 2005 · confidence medium
Woodham v. State, 263 Ga. 580, 582 (3) ( 439 SE2d 471 ) (1993).
discussed Cited as authority (rule) Hames v. State (2×)
Ga. · 2004 · confidence medium
Thus, a limited exception to the "harmless error" rule exists in such cases when the State introduces irrelevant evidence of insurance. "[D]espite the fact that the introduction of motive evidence [is] harmless error, ... prosecutors ... undertake severe risk of reversal when attempting to inject evidence of an insurance policy without first establishing the required nexus." Woodham v. State, 263 Ga. 580, 582 (3), 439 S.E.2d 471 (1993).
discussed Cited as authority (rule) Collier v. State
Ga. Ct. App. · 2004 · confidence medium
Blackburn, P. J., and Ellington, J., concur. 1 261 Ga. 640, 642 (2) (b) ( 409 SE2d 649 ) (1991). 2 Id. 3 Mangham v. State, 234 Ga. App. 567, 569 (1) ( 507 SE2d 806 ) (1998). 4 (Citation and punctuation omitted.) Id. 5 See id.; Malone v. State, 226 Ga.App. 185, 186 (1) ( 486 SE2d 57 ) (1997); Willis v. State, 214 Ga. App. 479, 480 (3) (a) ( 448 SE2d 223 ) (1994). 6 See Williams, supra at 642 (2) (b), n. 3. 7 Johnson v. State, 247 Ga. App. 157, 164 (13) (b) ( 543 SE2d 439 ) (2000); see also Byrd v. State, 236 Ga. App. 485, 489 (6) (d) ( 512 SE2d 372 ) (1999). 8 While the state’s notice alleged…
cited Cited as authority (rule) Davis v. State
Ga. Ct. App. · 2003 · confidence medium
Woodham v. State, 263 Ga. 580, 582 (3) ( 439 SE2d 471 ) (1993).
discussed Cited as authority (rule) Hurst v. State
Ga. Ct. App. · 2002 · confidence medium
“There are numerous instances where the state may offer evidence that reflects adversely on a defendant for a purpose other than to show the defendant is a person of bad character, including instances where evidence is relevant to impeach the specific testimony of a defendant.” (Citations omitted.) Woodham v. State, 263 Ga. 580, 581 (2) ( 439 SE2d 471 ) (1993).
cited Cited as authority (rule) Miller v. State
Ga. · 2002 · confidence medium
Todd v. State, 261 Ga. 766, 767 ( 410 SE2d 725 ) (1991); Perry v. State, 274 Ga. 236, 239 ( 552 SE2d 798 ) (2001); Woodham v. State, 263 Ga. 580, 582 ( 439 SE2d 471 ) (1993).
cited Cited as authority (rule) Givens v. State
Ga. · 2001 · confidence medium
Woodham v. State, 263 Ga. 580, 582 (3) ( 439 SE2d 471 ) (1993).
cited Cited as authority (rule) Holt v. State
Ga. Ct. App. · 2001 · confidence medium
Woodham v. State, 263 Ga. 580, 582 (3) ( 439 SE2d 471 ) (1993) ; McBride v. State, 213 Ga. App. 857, 858 (3) (b) ( 446 SE2d 193 ) (1994) .
cited Cited as authority (rule) Peck v. State
Ga. Ct. App. · 2000 · confidence medium
Id. at 581 (1) (b).
discussed Cited as authority (rule) Wells v. State
Ga. Ct. App. · 2000 · confidence medium
Morgan v. State, 161 Ga. App. 484 (1) ( 287 SE2d 739 ) (1982). 2 Jewell v. State, 261 Ga. 861, 863 (3) ( 413 SE2d 201 ) (1992). 3 See id. (“Random selection safeguards the selection process from manipulation and ensures the jury’s independence. [Cit.]”); Larmon v. State, 256 Ga. 228, 230-231 ( 345 SE2d 587 ) (1986) (random selection negates unsubstantiated allegations of a deliberate and systematic exclusion of an identifiable and distinct group). 4 See Hansley v. State, 267 Ga. 48, 49 (2) ( 472 SE2d 305 ) (1996); Reese v. State, 241 Ga. App. 350, 351 (2) ( 526 SE2d 867 ) (1999). 5 Cochr…
cited Cited as authority (rule) Heard v. State
Ga. Ct. App. · 1999 · confidence medium
Woodham v. State, 263 Ga. 580, 582 (3) ( 439 SE2d 471 ); Sing v. State, 217 Ga. App. 591, 592 (2), 593 ( 458 SE2d 493 ).
discussed Cited as authority (rule) Pye v. State (2×)
Ga. · 1998 · confidence medium
Weems v. State, 268 Ga. 515, 516 (2) ( 491 SE2d 325 ) (1997); Woodham v. State, 263 Ga. 580, 582 (3) ( 439 SE2d 471 ) (1993). 10.
cited Cited as authority (rule) Ross v. State
Ga. Ct. App. · 1998 · confidence medium
Woodham v. State, 263 Ga. 580, 582 (3) ( 439 SE2d 471 ).
discussed Cited as authority (rule) Bowman v. State
Ga. Ct. App. · 1996 · confidence medium
Further, “in order to preserve an issue for appellate review after curative instructions are given the motion for mistrial must be renewed [or the] issue is barred.” Woodham v. State, 263 Ga. 580, 582 ( 439 SE2d 471 ) (1993); Garcia v. State, 207 Ga. App. 653, 657 ( 428 SE2d 666 ) (1993); Leary v. State, 206 Ga. App. 191 ( 424 SE2d 903 ) (1992).
discussed Cited "see" Saffold v. State (2×)
Ga. · 2016 · signal: see · confidence high
See Woodham v. State, 263 Ga. 580, 582 ( 439 SE2d 471 ) (1993); Bussey v. State, 263 Ga. App. 56, 60 ( 587 SE2d 134 ) (2003). 7.
discussed Cited "see" Allen v. State (2×)
Ga. Ct. App. · 2008 · signal: see · confidence high
See Woodham v. State, 263 Ga. 580 (1) (a) ( 439 SE2d 471 ) (1993).
discussed Cited "see" Bryan v. State
Ga. · 1999 · signal: see · confidence high
See Woodham, 263 Ga. at 581-582 (defendant’s girlfriend was named beneficiary of victim’s life insurance policy); Stoudemire, 261 Ga. at 50 (defendant was named beneficiary of victim’s life insurance policy); Jowers v. State, 259 Ga. 401 ( 382 SE2d 595 ) (1989) (defendant was named beneficiary of victim’s life insurance policy).
discussed Cited "see" Weems v. State (2×)
Ga. · 1997 · signal: see · confidence high
See Woodham v. State, 263 Ga. 580 ( 439 SE2d 471 ) (1993); Smith v. State, 261 Ga. 512 ( 407 SE2d 732 ) (1991).
discussed Cited "see" Mason v. State (2×)
Ga. Ct. App. · 1997 · signal: see · confidence high
See Woodham v. State, 263 Ga. 580, 582 ( 439 SE2d 471 ) (1993); Pless v. State, 260 Ga. 96, 99 ( 390 SE2d 40 ) (1990).
discussed Cited "see, e.g." Cheley v. State (2×)
Ga. · 2016 · signal: see, e.g. · confidence medium
See, e.g., Woodham v. State, 263 Ga. 580, 580 (1) (a) ( 439 SE2d 471 ) (1993).
discussed Cited "see, e.g." Boykin v. State (2×)
Ga. Ct. App. · 2003 · signal: see also · confidence medium
Norman, Assistant District Attorneys, for appellee. 1 OCGA § 16-2-20 (a). 2 Shelley v. State, 255 Ga. App. 360 (1) ( 565 SE2d 567 ) (2002). 3 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Shelley, supra at 361 . 4 OCGA § 16-5-40 (a). 5 Sharp v. State, 255 Ga. App. 485, 487 (1) ( 565 SE2d 841 ) (2002). 6 Love v. State, 190 Ga. App. 264, 265 (1) ( 378 SE2d 893 ) (1989). 7 Sharp, supra; Love, supra. 8 Johnson v. State, 248 Ga. App. 454, 455 (1) ( 546 SE2d 562 ) (2001). 9 Jackson v. Virginia, supra; Noble v. State, 225 Ga. App. 470, 471-472 ( 484 SE2d 78 ) (1997). 10 See R…
discussed Cited "see, e.g." Bussey v. State (2×)
Ga. Ct. App. · 2003 · signal: see also · confidence medium
While Agent Hemphill was not officially tendered as an expert witness, Bussey did not object to his testimony. 18 See id. at 339 (“[A] large amount of cocaine can be considered, in and of itself, evidence of intent to distribute”). 19 See Collins, supra. 20 (Punctuation and footnote omitted.) Wells v. State, 243 Ga. App. 629, 631 (3) ( 534 SE2d 106 ) (2000); see also Woodham v. State, 263 Ga. 580, 581-582 (3) ( 439 SE2d 471 ) (1993); Williams v. State, 253 Ga. App. 453, 456 (3) ( 559 SE2d 512 ) (2002). 21 (Punctuation omitted.) Mckee v. State, 258 Ga. App. 99, 102 (4) ( 572 SE2d 740 ) (200…
discussed Cited "see, e.g." Black v. State (2×)
Ga. Ct. App. · 2003 · signal: see also · confidence low
See also Woodham v. State, 263 Ga. 580 (1) (a) ( 439 SE2d 471 ) (1993). 28 In the argument section of his brief, Black also asserts that the trial court erred in several other ways, such as by admitting his prior criminal conviction into evidence and permitting the State to improperly bolster A. H.’s testimony.
examined Cited "see, e.g." Pitts v. State (4×)
Ga. Ct. App. · 2003 · signal: see also · confidence low
Davis v. State, 238 Ga. App. 736, 737 (3) ( 520 SE2d 475 ) (1999); see also Woodham v. State, 263 Ga. 580 (1) (b) ( 439 SE2d 471 ) (1993) (grant of a motion for mistrial may be required where the injury is so grave that no act of the court could remove the damaging effect) (Citation omitted.) Gillison v. State, 254 Ga. App. 232, 236 (4) (c) ( 561 SE2d 879 ) (2002).
examined Cited "see, e.g." Laney v. State (4×)
Ga. · 1999 · signal: see also · confidence low
See also Woodham v. State, 263 Ga. 580 (1), 439 S.E.2d 471 (1993). 7.
discussed Cited "see, e.g." Bagwell v. State (2×)
Ga. · 1998 · signal: see also · confidence medium
See also Woodham v. State, 263 Ga. 580, 581 (3) ( 439 SE2d 471 ) (1993), reaffirming the holding in Stoudemire .
Woodham
v.
the State
S93A1401.
Supreme Court of Georgia.
Nov 24, 1993.
439 S.E.2d 471
Garland, Samuel & Loeb, Edward T. M. Garland, Patrick J. Geheren, for appellant., Douglas C. Pullen, District Attorney, J. Grdy Conger, Bradford R. Pierce, Assistant District Attorneys, Michael J. Bowers, Attorney General, for appellee.
Fletcher, Hunt, Carley, Divisions.
Cited by 43 opinions  |  Published
2 passages pin-cited by 1 case
Pinpoint authority: bottom 61%
Citer courts: Supreme Court of Georgia (2)
Fletcher, Justice.

Dwight Woodham shot and killed Grady Goodwin, Jr. He was convicted of malice murder and sentenced to life in prison. Woodham appeals and we affirm. [1]

1. In his first enumeration of error, Woodham contends the court erred in failing to give curative instructions and refusing to grant his motions for mistrial after his character was improperly placed in issue. Woodham claims his character was first placed in issue when he was asked during cross-examination whether his ex-wife was “ex-wife number five or six?” Defense counsel objected to the question on relevance grounds. The court sustained the objection and Woodham requested no further action. Later, after moving for a mistrial on a separate issue, Woodham argued for the first time that the question about the number of his marriages impermissibly placed his character in issue and he requested a mistrial.

(a) A trial court is vested with broad discretion in passing upon objections to alleged improper argument or questioning, Spence v. Dasher, 63 Ga. 431 (1879), and we find no such abuse of discretion in the record. Under OCGA § 17-8-75, when counsel makes a statement of a prejudicial matter which is not in evidence, the court must interpose and prevent such statement, and, on objection, shall rebuke counsel and provide curative instructions to the jury. Where the objection to the prejudicial matter is sustained, however, the court has no duty to rebuke counsel or give curative instructions unless specifically requested by the defendant. Phillips v. State, 230 Ga. 444, 445 (197 SE2d 720) (1973); see Brooks v. State, 183 Ga. 466, 469 (188 SE 711) (1936) (in no case where improper argument is alleged will the court’s ruling be reversed for not going further than requested). Woodham’s objection to the alleged improper question was sustained and he made no further motion. Absent any such motion or request by Woodham, the court did not err in failing to give curative instructions to the jury.

(b) Nor can we say that the court abused its discretion in failing[*581] to grant Woodham’s motion for mistrial on this asserted ground. See Stanley v. State, 250 Ga. 3 (295 SE2d 315) (1982) (a court’s decision to deny a motion for mistrial will not be overturned absent a manifest abuse of discretion). Although in certain circumstances evidence pertaining to the number of a defendant’s marriages may constitute evidence of bad character, we cannot reach such a conclusion under these facts. Additionally, such evidence did not so prejudice the trial that the court was constrained to declare a mistrial. See Brooks, supra (grant of a motion for mistrial may be required where the injury is so grave that no act of the court could remove the damaging effect).

2. Woodham further alleges that his character was improperly placed in issue when the state introduced evidence concerning his job title and an investigation into his work by the Criminal Investigation Division (CID) of the United States Army. On direct examination, Woodham testified that he was employed as a civil engineer and that although his work had been investigated by the CID, he had been completely exonerated. During the state’s rebuttal, the court allowed the testimony of the special prosecutor overseeing the ongoing CID' investigation, who testified that Woodham was an “engineering technician,” not a civil engineer, and that he had not been exonerated.

We again find no abuse of the court’s discretion. There are numerous instances where the state may offer evidence that reflects adversely on a defendant for a purpose other than to show the defendant is a person of bad character, including instances where evidence is relevant to impeach the specific testimony of a defendant. Jones v. State, 257 Ga. 753 (363 SE2d 529) (1988); Williams v. State, 257 Ga. 761, 763 (363 SE2d 535) (1988). The court allowed the state to introduce the special prosecutor’s testimony for impeachment purposes only and strictly limited her testimony to the issues of Woodham’s job title and the outcome of the CID investigation. Although the special prosecutor’s testimony may have reflected adversely on Wood-ham’s character, it was admissible to impeach Woodham’s direct testimony in which he attempted to portray himself in a positive light by claiming he had been cleared of all wrongdoing and, in fact, was found to have given the government “more than they paid for.” Jones, supra; see Earnest v. State, 262 Ga. 494 (422 SE2d 188) (1992); Daniels v. State, 252 Ga. 30, 32 (310 SE2d 904) (1984) (evidence that is otherwise admissible does not become inadmissible because it incidentally puts a defendant’s character into evidence).

3. A much closer issue is raised in Woodham’s second enumeration of error: whether the court should have granted his motion for mistrial after he was asked whether he knew that his girl friend, the victim’s ex-wife, was the beneficiary of an insurance policy on the victim’s life. In Stoudemire v. State, 261 Ga. 49 (401 SE2d 482) (1991), we held that in order to admit evidence of an insurance policy, there[*582] must be some independent evidence of a nexus between the crime charged and the existence of the insurance policy. Because there was no such evidence in Stoudemire, we reversed the defendant’s felony murder conviction.

Decided November 24, 1993. Garland, Samuel & Loeb, Edward T. M. Garland, Patrick J. Geheren, for appellant. Douglas C. Pullen, District Attorney, J. Grdy Conger, Bradford R. Pierce, Assistant District Attorneys, Michael J. Bowers, Attorney General, for appellee.

Stoudemire’s conviction was reversed, despite the fact that the introduction of motive evidence was harmless error, because of the potential for so infecting and inflaming the trial process that fundamental fairness is compromised. Id. at 50-51. We reaffirm here our holding in Stoudemire and caution prosecutors that they undertake severe risk of reversal when attempting to inject evidence of an insurance policy without first establishing the required nexus.

Nonetheless, the state’s question to Woodham about the insurance policy was never answered and, after Woodham’s motion for mistrial, the court instructed the jury to disregard and completely put out of their minds the question regarding the insurance policy. Wood-ham did not object to these curative instructions, nor did he at any time thereafter renew his motion for mistrial. Under the long standing rule of this court that in order to preserve an issue for appellate review after curative instructions are given the motion for mistrial must be renewed, review of this issue is barred. [2] Pless v. State, 260 Ga. 96, 98 (390 SE2d 40) (1990); Lingerfelt v. State, 255 Ga. 180, 182 (336 SE2d 250) (1985); Jackson v. State, 248 Ga. 480, 483 (284 SE2d 267) (1981).

4. Having reviewed the evidence in the light most favorable to the verdict, we conclude that a rational trier of fact could have found Woodham guilty of malice murder beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

Judgment affirmed.

All the Justices concur, except Hunt, P. J., and Carley, J., who concur as to Divisions 1, 2, 4 and the judgment.
1

Woodham was indicted in August 1992. On January 8,1993, a jury found him guilty of malice murder. The same day, he was sentenced to life imprisonment. On January 27, 1993, he filed a notice of appeal. The case was docketed in this court on June 22, 1993 and orally argued on September 21, 1993.

2

Because Woodham failed to preserve this issue for appeal, we do not consider whether under these facts there was sufficient independent evidence of a nexus between the crime charged and the existence of the insurance policy to authorize the admission of evidence of the insurance policy.