Felder v. State, 468 S.E.2d 769 (Ga. 1996). · Go Syfert
Felder v. State, 468 S.E.2d 769 (Ga. 1996). Cases Citing This Book View Copy Cite
74 citation events (60 in the last 25 years) across 2 distinct courts.
Strongest positive: Brookins v. State (ga, 2022-10-04) · Strongest negative: Gadson v. State (gactapp, 1996-10-08)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 25 distinct citers.
discussed Cited "but see" Gadson v. State (2×)
Ga. Ct. App. · 1996 · signal: but see · confidence high
But see Felder v. State, 266 Ga. 574, 575 (2) ( 468 SE2d 769 ) (1996) (error to admit defendant’s statement, made during police questioning, that he was “on parole”).
examined Cited as authority (rule) Brookins v. State (7×)
Ga. · 2022 · confidence medium
See Nichols, 282 Ga. at 405 (2) (citing Belmar v. State, 279 Ga. 795, 800 (3) ( 621 SE2d 441 ) (2005)); Morris v. State, 280 Ga. 179, 180 (3) (a) 33 ( 626 SE2d 123 ) (2006) (citing Felder v. State, 270 Ga. 641, 646 (8) ( 514 SE2d 416 ) (1999)); Belmar, 279 Ga. at 800 (3) (citing Felder v. State, 266 Ga. 574, 576 ( 468 SE2d 769 ) (1996)); London v. State, 274 Ga. 91, 94 (4) (c) ( 549 SE2d 394 ) (2001) (citing Felder, 266 Ga. at 576 ); Felder, 266 Ga. at 576 (2) (citing Berry, 210 Ga. App. at 791 (3)); Hahn v. State, 356 Ga. App. 79 , 81 (1) ( 846 SE2d 258 ) (2020) (citing King v. State, 346 Ga.…
discussed Cited as authority (rule) Warren Hampton Pennington v. State
Ga. Ct. App. · 2013 · confidence medium
Branch, J., concurs in the judgment only. 20 See also Felder v. State, 266 Ga. 574, 576 (2) ( 468 SE2d 769 ) (1996) (“The standard for weighing nonconstitutional error in criminal cases is known as the ‘highly probable test,’ i.e., that it is ‘highly probable that the error did not contribute to the judgment.’ Under that test, a reversal is not required if the evidence of guilt is overwhelming in that there is no reasonable probability that the verdict of the jury would have been different in the absence of this error.”) (citations and punctuation omitted). 21
discussed Cited as authority (rule) Hammond v. State
Ga. · 2011 · confidence medium
This Court has applied the “highly probable test” to nonconstitutional error in criminal cases, asking whether it is “highly probable that the error did not contribute to the judgment.” (Citations and punctuation ommitted.) Felder v. State, 266 Ga. 574, 576 (2) ( 468 SE2d 769 ) (1996).
discussed Cited as authority (rule) Thomas v. State (2×)
Ga. Ct. App. · 2008 · confidence medium
FRE 609 (a) provides that [flor the purpose of attacking the character for truthfulness of a witness, (1) evidence that a witness other than an accused has been convicted of a crime shall be admitted, subject to Rule 403, if the crime was punishable by death or imprisonment in excess of one year under the law under which the witness was convicted, and evidence that an accused has been convicted of such a crime shall be admitted if the court determines that the probative value of admitting this evidence outweighs its prejudicial effect to the accused. 20 568 F2d 1120 (5th Cir. 1978). 21 Id. at …
discussed Cited as authority (rule) Adams v. State (2×)
Ga. Ct. App. · 2007 · confidence medium
Felder v. State, 266 Ga. 574, 576 (2) ( 468 SE2d 769 ) (1996); see also Hanson v. State, 263 Ga. App. 45, 46-47 (1) ( 587 SE2d 200 ) (2003).
discussed Cited as authority (rule) Harris v. State (2×)
Ga. Ct. App. · 2007 · confidence medium
Felder v. State, 266 Ga. 574, 576 (2) ( 468 SE2d 769 ) (1996).
discussed Cited as authority (rule) Gresham v. State
Ga. Ct. App. · 2006 · confidence medium
Co., 257 Ga. App. 7, 9 ( 570 SE2d 87 ) (2002). 11 Abdulkadir v. State, 279 Ga. 122, 123 (2) ( 610 SE2d 50 ) (2005). 12 Brown v. State, 275 Ga. App. 281, 288 (4) ( 620 SE2d 394 ) (2005). 13 Burnette v. State, 165 Ga. App. 768 (1) ( 302 SE2d 621 ) (1983). 14 Snelling v. State, 215 Ga. App. 263, 266 (1) (c) ( 450 SE2d 299 ) (1994). 15 Felder v. State, 266 Ga. 574, 576 (2) ( 468 SE2d 769 ) (1996). 16 Miller v. State, 219 Ga. App. 213, 215-216 (1) ( 464 SE2d 621 ) (1995). 17 Johnson v. State, 238 Ga. 59, 61-62 ( 230 SE2d 869 ) (1976). 18 We note that Double Jeopardy attaches and bars retrial on the…
discussed Cited as authority (rule) Phillips v. State
Ga. Ct. App. · 2006 · confidence medium
State v. Peters, 213 Ga. App. 352, 356-357 ( 444 SE2d 609 ) (1994). 3 London v. State, 274 Ga. 91, 94-95 (4) (c) ( 549 SE2d 394 ) (2001); Johnson v. State, 238 Ga. 59, 61 ( 230 SE2d 869 ) (1976). 4 London, supra; Felder v. State, 266 Ga. 574, 576 (2) ( 468 SE2d 769 ) (1996). 5 See London, supra; Felder, supra; Johnson, supra. 6 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). 7 Bruce v. State, 268 Ga. App. 677, 679 ( 603 SE2d 33 ) (2004) (citations omitted). 8 Turner v. State, 253 Ga. App. 760, 763 (6) ( 560 SE2d 539 ) (2002). 9 See OCGA§ 24-9-63; Tanner v. State, 228 Ga. 829,830 (2) ( 188 SE…
discussed Cited as authority (rule) Belmar v. State
Ga. · 2005 · confidence medium
Reversal is not required if the evidence of guilt is so overwhelming “ ‘that there is no reasonable probability that the verdict of the jury would have been different in the absence of this error. [Cit.]’ ” Felder v. State, 266 Ga. 574, 576 ( 468 SE2d 769 ) (1996).
discussed Cited as authority (rule) Clemons v. State (2×)
Ga. Ct. App. · 2004 · confidence medium
NOTES [1] Morgan v. State, 255 Ga.App. 58 (1), 564 S.E.2d 467 (2002). [2] Jackson v. Virginia, 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979). [3] Whitfield v. State, 159 Ga.App. 398, 400-401 (6), 283 S.E.2d 627 (1981). [4] Hefner v. State, 224 Ga.App. 612, 613 (1), 481 S.E.2d 599 (1997). [5] Bush v. State, 267 Ga. 877, 879 , 485 S.E.2d 466 (1997). [6] Raheem v. State, 275 Ga. 87, 92 (7), 560 S.E.2d 680 (2002). [7] Earnest v. State, 262 Ga. 494, 495 (1), 422 S.E.2d 188 (1992). [8] Fincher v. State, 276 Ga. 480 , 578 S.E.2d 102 (2003). [9] Brown v. State, 246 Ga.App. 517, 522-523 (9), 541…
cited Cited as authority (rule) Lowther v. State
Ga. Ct. App. · 2003 · confidence medium
(Cit.)’ Berry v. State, 210 Ga. App. 789, 791 (3) ( 437 SE2d 630 ) (1993).” Felder v. State, 266 Ga. 574, 576 (2) ( 468 SE2d 769 ) (1996).
discussed Cited as authority (rule) Hayward v. State
Ga. Ct. App. · 2002 · confidence medium
Smith, P. J., and Ellington, J., concur. 1 (Citations and punctuation omitted.) Dixon v. State, 177 Ga. App. 506, 507 (2) ( 339 SE2d 775 ) (1986); accord Hutson v. State, 216 Ga. App. 100, 101 (5) ( 453 SE2d 130 ) (1995); see also Adams v. State, 272 Ga. 115, 117 (3) ( 527 SE2d 200 ) (2000). 2 (Citations and punctuation omitted.) Walker v. State, 264 Ga. 79, 80 (3) ( 440 SE2d 637 ) (1994); Frazier v. State, 257 Ga. 690, 697 (14) ( 362 SE2d 351 ) (1987). 3 Felder v. State, 266 Ga. 574, 575 (2) ( 468 SE2d 769 ) (1996). 4 Robinson v. State, 192 Ga. App. 32, 33-34 ( 383 SE2d 593 ) (1989). 5 (Citat…
cited Cited as authority (rule) Jellie v. State
Ga. Ct. App. · 2002 · confidence medium
See generally Laney v. State, 271 Ga. 194, 197 (8) ( 515 SE2d 610 ) (1999); Felder v. State, 266 Ga. 574, 576 ( 468 SE2d 769 ) (1996).
discussed Cited as authority (rule) London v. State
Ga. · 2001 · confidence medium
See generally Laney v. State, 271 Ga. 194 (8) ( 515 SE2d 610 ) (1999); Felder v. State, 266 Ga. 574, 576 ( 468 SE2d 769 ) (1996) (under “highly probable test” a reversal is not required if the evidence of guilt is overwhelming in that there is no reasonable probability that the verdict of the jury would have been different in the absence of this error).
cited Cited as authority (rule) Clark v. State
Ga. Ct. App. · 2001 · confidence medium
(Citations omitted.) Felder v. State, 266 Ga. 574, 576 ( 468 SE2d 769 ) (1996).
discussed Cited as authority (rule) Sapp v. State
Ga. · 1999 · confidence medium
The appeal was docketed with this Court on April 1, 1999, and submitted for decision without oral argument on May 24,1999. 2 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 OCGA § 16-9-1. 4 Id. 5 Suggested Pattern Jury Instructions, Vol. II, p. 27 (1991); see Kyler v. State, 270 Ga. 81, 83 ( 508 SE2d 152 ) (1998); O’Toole v. State, 258 Ga. 614, 616 ( 373 SE2d 12 ) (1988). 6 Richards v. State, 157 Ga. App. 601, 603 ( 278 SE2d 63 ) (1981). 7 See McIntyre v. State, 266 Ga. 7, 10 ( 463 SE2d 476 ) (1995); Kitchens v. State, 235 Ga. App. 349, 353 ( 509 SE2d 391 ) (1998). 8 …
discussed Cited as authority (rule) Key v. State
Ga. Ct. App. · 1997 · confidence medium
“The standard for weighing nonconstitutional error in criminal cases is known as the ‘highly probable test,’ i.e., that it is ‘highly probable that the error did not contribute to the judgment.’ Under that test, a reversal is not required if the evidence of guilt is overwhelming in that there is no reasonable probability that the verdict of the jury would have been different in the absence of this error.” (Citations and punctuation omitted.) Felder v. State, 266 Ga. 574, 576 ( 468 SE2d 769 ) (1996).
discussed Cited "see" Thompson v. State (2×)
Ga. · 2008 · signal: see · confidence high
See Felder v. State, 266 Ga. 574 (2) ( 468 SE2d 769 ) (1996) (reversal is not required if the evidence of guilt is overwhelming in that there is no reasonable probability that the verdict would have been different in the absence of this error). 3.
discussed Cited "see" Garcia v. State (2×)
Ga. · 1996 · signal: see · confidence high
See Felder v. State, 266 Ga. 574, 575 (2) ( 468 SE2d 769 ) (1996).
discussed Cited "see, e.g." Pennington v. State (2×)
Ga. Ct. App. · 2013 · signal: see also · confidence medium
See also Felder v. State, 266 Ga. 574, 576 (2) ( 468 SE2d 769 ) (1996) (“The standard for weighing nonconstitutional error in criminal cases is known as the ‘highly probable test,’ i.e., that it is ‘highly probable that the error did not contribute to the judgment.’ Under that test, a reversal is not required if the evidence of guilt is overwhelming in that there is no reasonable probability that the verdict of the jury would have been different in the absence of this error.”) (citations and punctuation omitted).
discussed Cited "see, e.g." Cummings v. State (2×)
Ga. Ct. App. · 2003 · signal: compare · confidence medium
“While appellant’s statement may not have been a confession, it was nonetheless an incriminatory statement.” Colquitt v. State, 196 Ga. App. 817, 818 (1) ( 397 SE2d 164 ) (1990); compare Felder v. State, 266 Ga. 574, 575 (2) ( 468 SE2d 769 ) (1996) (appellant’s statement entirely exculpatory).
discussed Cited "see, e.g." Washington v. State (2×)
Ga. · 1997 · signal: compare · confidence low
Compare Felder v. State, 266 Ga. 574 (2) ( 468 SE2d 769 ) (1996) (where appellant’s statement was entirely exculpatory, reference to his parole status was not admissible as part of an incriminatory statement or confession); Robinson v. State, 192 Ga. App. 32 ( 383 SE2d 593 ) (1989) (where defendant strongly denied guilt, reference to independent crimes which had no connection to the conduct on trial was inadmissible). 3.
discussed Cited "see, e.g." Washington v. State (2×)
Ga. · 1997 · signal: compare · confidence low
Compare Felder v. State, 266 Ga. 574 (2) ( 468 SE2d 769 ) (1996) (where appellant’s statement was entirely exculpatory, reference to his parole status was not admissible as part of an incriminatory statement or confession); Robinson v. State, 192 Ga. App. 32 ( 383 SE2d 593 ) (1989) (where defendant strongly denied guilt, reference to independent crimes which had no connection to the conduct on trial was inadmissible). 3.
discussed Cited "see, e.g." Washington v. State (2×)
Ga. · 1997 · signal: compare · confidence low
Compare Felder v. State, 266 Ga. 574 (2), 468 S.E.2d 769 (1996) (where appellant's statement was entirely exculpatory, reference to his parole status was not admissible as part of an incriminatory statement *200 or confession); Robinson v. State, 192 Ga.App. 32 , 383 S.E.2d 593 (1989) (where defendant strongly denied guilt, reference to independent crimes which had no connection to the conduct on trial was inadmissible). 3.
Felder
v.
the State
S96A0484.
Supreme Court of Georgia.
Apr 15, 1996.
468 S.E.2d 769
Jones & Jones, L. Earl Jones, Robert J. Pinnero, for appellant., Britt R. Priddy, District Attorney, Michael J. Bowers, Attorney General, Wesley S. Horney, Assistant Attorney General, for appellee.
Carley.
Cited by 29 opinions  |  Published
Carley, Justice.

Ronnie Felder was tried before a jury and found guilty of malice murder. He appeals from the judgment of conviction and life sentence entered by the trial court on the jury’s guilty verdict. [1]

1. The victim was the mother of Felder’s two young children. Shortly before the murder, Felder was seen at the victim’s residence and, at that time, he was in possession of a gun. A neighbor initially overheard Felder and the victim “talking real loud” and then she heard a gunshot. Only a few minutes later, Felder confronted the neighbor and stated that “somebody had just shot [the victim] through the back door.” Felder then left the scene. In a pre-arrest statement to officers, Felder claimed that he had been at a nearby store at the time of the murder and had returned to find the victim’s body. At trial, however, Felder testified that the victim had been shot during a struggle between Felder and an armed acquaintance of the[*575] victim. The gun which fired the fatal shot was never found. However, a test of Felder’s hands showed the presence of gunshot residue.

From this evidence, a rational trier of fact was authorized to find proof of Felder’s guilt of the malice murder of the victim beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2. One of the officers who questioned Felder was called as a witness for the State. On direct examination, this officer testified that, during the questioning, Felder stated that “there was no gun in his house because he was on parole.” Felder moved for a mistrial, contending that the reference to his “parole” was an impermissible comment on his character. The trial court’s denial of this motion is enumerated as error.

The State urges that the officer’s testimony was admissible as res gestae evidence of the murder itself. However, the reference to “parole” in Felder’s statement to the officer did not relate to what had transpired shortly before, during, or shortly after the murder. Compare Johnson v. State, 264 Ga. 456, 457 (1) (448 SE2d 177) (1994). That reference was merely explanatory of Felder’s exculpatory assertion that he had no gun in his house. Accordingly, the testimony would not be admissible as res gestae evidence of the murder itself. Duke v. State, 256 Ga. 671, 672 (1) (352 SE2d 561) (1987); Walraven v. State, 250 Ga. 401, 407 (4) (b) (297 SE2d 278) (1982); Robinson v. State, 192 Ga. App. 32 (383 SE2d 593) (1989).

The State also contends that the officer’s testimony was admissible as res gestae evidence of Felder’s arrest. However, the officer’s testimony did not relate to a contemporaneous “circumstance” of Felder’s arrest for the murder, but to a statement made by Felder in the course of pre-arrest questioning regarding the crime. Compare State v. Luke, 232 Ga. 815 (209 SE2d 165) (1974).

The State further urges that the officer’s testimony was admissible because Felder’s reference to his “parole” was made in the context of an inculpatory statement or confession. Ingram v. State, 253 Ga. 622, 638 (18) (a) (323 SE2d 801) (1984). It is clear, however, that Felder’s statement was exculpatory of his guilt for the murder. Therefore, the reference to Felder’s “parole” would not be admissible as a part of an incriminatory statement or confession. Carter v. State, 261 Ga. 344, 345 (3) (404 SE2d 432) (1991). Compare Frazier v. State, 257 Ga. 690, 697 (14) (362 SE2d 351) (1987); Ingram v. State, supra; Colquitt v. State, 196 Ga. App. 817 (1) (397 SE2d 164) (1990).

The State makes no further contention that the officer’s testimony was relevant and admissible for

impeachment or for any other proper purpose . . . [and] it is our view that its only purpose was to attempt to show bad[*576] character. In the absence of interjection of the issue of character by the defendant, this evidence was inadmissible. [Cits.]
Decided April 15, 1996. Jones & Jones, L. Earl Jones, Robert J. Pinnero, for appellant. Britt R. Priddy, District Attorney, Michael J. Bowers, Attorney General, Wesley S. Horney, Assistant Attorney General, for appellee.

Duke v. State, supra at 672 (1). See also Carter v. State, supra at 345 (3); Walraven v. State, supra at 407 (4) (b). Even though a mistrial may not have been warranted, the trial court should have withdrawn the testimony from the jury’s consideration under proper instructions. See Crawford v. State, 256 Ga. 585, 587 (2) (351 SE2d 199) (1987).

However, the trial court’s error does not necessarily mandate a new trial. The standard for weighing nonconstitutional error in criminal cases “is known as the ‘highly probable test,’ i.e., that it is ‘highly probable that the error did not contribute to the judgment.’ [Cit.]” Johnson v. State, 238 Ga. 59, 61 (230 SE2d 869) (1976). Under that test, a reversal is not required if the evidence of “guilt is overwhelming in that there is no reasonable probability that the verdict of the jury would have been different in the absence of this error. [Cit.]” Berry v. State, 210 Ga. App. 789, 791 (3) (437 SE2d 630) (1993). The State presented a strong case of direct and circumstantial evidence showing that Felder shot the victim with malice aforethought. As against this strong case, Felder raised at trial a defense which was in all material respects inconsistent with his pre-arrest statement. Here, as in Rigenstrup v. State, 197 Ga. App. 176, 178 (1) (398 SE2d 25) (1990), the reference to Felder’s “parole” does not constitute reversible error, since, “viewing the posture of the entire record, we find that it is highly probable that such error . . . did not contribute to the verdict. [Cits.]” See also Willis v. State, 199 Ga. App. 658, 659 (2) (405 SE2d 739) (1991). Compare Robinson v. State, supra.

Judgment affirmed.

All the Justices concur.
1

The homicide occurred on April 28, 1994 and Felder was indicted on December 29, 1994. The guilty verdict was returned on May 24, 1995 and the judgment of conviction and life sentence also were entered on that day. Felder’s motion for new trial was filed on June 6, 1995 and denied on December 6, 1995. His notice of appeal also was filed on December 6, 1995 and the case then was docketed in this Court on December 19, 1995. On February 12, 1996, Felder submitted his appeal for decision.