Hansley v. State, 472 S.E.2d 305 (Ga. 1996). · Go Syfert
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Hansley v. State, 472 S.E.2d 305 (Ga. 1996). Cases Citing This Book View Copy Cite
63 citation events (51 in the last 25 years) across 3 distinct courts.
Strongest positive: Thrift v. State (ga, 2020-12-07)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 22 distinct citers.
discussed Cited as authority (rule) Thrift v. State
Ga. · 2020 · confidence medium
See, e.g., Graves, 298 Ga. at 555 (3) (no abuse of discretion in denying mistrial based on nonresponsive answer to prosecutor’s question); Walker v. 12 State, 282 Ga. 703, 705 (2) ( 653 SE2d 468 ) (2007) (“[A] nonresponsive answer that impacts negatively on a defendant’s character does not improperly place his character in issue.” (citation and punctuation omitted)); Hansley v. State, 267 Ga. 48, 49 (3) ( 472 SE2d 305 ) (1996) (same). (b) Thrift further asserts that the trial court erred by denying his motion for a mistrial after the prosecutor referenced the friend’s inadmissible te…
discussed Cited as authority (rule) Kim v. State
Ga. Ct. App. · 2009 · confidence medium
Such an observation, made prior to the actual curative instructions being given, does not “excuse! ] defense counsel from renewing the motion for mistrial after the instructions in order to preserve the issue for appeal.” Anderson v. State, 236 Ga. App. 679, 685 (7) ( 513 SE2d 235 ) (1999). 9 Allen v. State, 277 Ga. 502, 503 (2) ( 591 SE2d 784 ) (2004). 10 Brooks v. State, 285 Ga. 246, 251 (5) ( 674 SE2d 871 ) (2009). 11 Glass v. State, 255 Ga. App. 390, 399 (9) (c) ( 565 SE2d 500 ) (2002). 12 Rosser v. State, 284 Ga. 335, 337 (4) (a) ( 667 SE2d 62 ) (2008). 13 Hansley v. State, 267 Ga. 48…
discussed Cited as authority (rule) Herieia v. State
Ga. Ct. App. · 2009 · confidence medium
Ellington and Mikell, JJ., concur. 1 While the appellant’s brief spells the appellant’s name “Herrera,” both the trial court’s order and the notice of appeal spell the appellant’s name “Herieia.” 2 OCGA § 17-16-4 (c). 3 See Williams v. State, 261 Ga. App. 410, 416 (6) (a) ( 582 SE2d 556 ) (2003). 4 Compare Johnson v. State, 281 Ga. App. 455, 457-458 (1) ( 636 SE2d 178 ) (2006) (state acted in bad faith by intentionally eliciting testimony about defendant’s admission that had not been disclosed but known by state “long before the trial”). 5 See OCGA § 17-16-6; see also F…
discussed Cited as authority (rule) Washington v. State
Ga. Ct. App. · 2009 · confidence medium
NOTES [1] OCGA § 16-8-2. [2] OCGA § 16-5-21(a)(2). [3] OCGA § 16-5-44.1(b). [4] OCGA § 16-11-106(b)(1). [5] Eady v. State, 256 Ga.App. 696 , 569 S.E.2d 603 (2002). [6] Carr v. State, 282 Ga. 698, 701 (3), 653 S.E.2d 472 (2007). [7] Hansley v. State, 267 Ga. 48, 49 (3), 472 S.E.2d 305 (1996). [8] Isaac v. State, 269 Ga. 875, 877-878 (5), 505 S.E.2d 480 (1998). [9] Dukes v. State, 273 Ga. 890, 892 (3)(b), 548 S.E.2d 328 (2001). [10] The three aggravated assault charges were based on Washington colliding his car with Coley's, beating Coley with the handgun, shooting the gun at Coley, and assa…
discussed Cited as authority (rule) Carr v. State
Ga. · 2007 · confidence medium
Further, even if the testimony is considered to refer to Carr’s character, “[a] nonresponsive answer that impacts negatively *702 on a defendant’s character does not improperly place the defendant’s character in issue.” Hansley v. State, 267 Ga. 48, 49 (3) ( 472 SE2d 305 ) (1996).
discussed Cited as authority (rule) Walker v. State
Ga. · 2007 · confidence medium
However, “[a] nonresponsive answer that impacts negatively on a defendant’s character does not improperly place [his] character in issue.” Hansley v. State, 267 Ga. 48, 49 (3) ( 472 SE2d 305 ) (1996).
discussed Cited as authority (rule) Antonio Evans v. Victor Walker
11th Cir. · 2007 · confidence medium
In Hansley v. State, for example, when a state witness was asked if he was familiar with the murder weapon, he volunteered that he had previously seen Hansley draw the weapon and point it at a Mend of the witness. 267 Ga. 48 , 472 S.E.2d 305, 306 (1996).
discussed Cited as authority (rule) Quimbley v. State
Ga. Ct. App. · 2005 · confidence medium
Johnson, P. J., and Barnes, J., concur. 1 See Simmons v. State, 271 Ga. App. 330 (1) ( 609 SE2d 678 ) (2005). 2 See Goldsby v. State, 273 Ga. App. 523, 532 (8) ( 615 SE2d 592 ) (2005). 3 Hansley v. State, 267 Ga. 48, 49 (3) ( 472 SE2d 305 ) (1996). 4 See Watkins v. State, 241 Ga. App. 251, 253 (2) ( 526 SE2d 155 ) (1999). 5 See Hinely v. State, 275 Ga. 777, 782 (2) (d) ( 573 SE2d 66 ) (2002). 6 See Anderson v. State, 264 Ga. App. 362, 364 (2) ( 590 SE2d 729 ) (2003). 7 (Punctuation omitted.) Rambo v. State, 266 Ga. App. 791, 793 (3) ( 598 SE2d 85 ) (2004). 8 See Foster v. State, 267 Ga. App. 3…
cited Cited as authority (rule) Fernandez v. State
Ga. Ct. App. · 2003 · confidence medium
Hansley v. State, 267 Ga. 48, 49 (3) ( 472 SE2d 305 ) (1996).
discussed Cited as authority (rule) Woodard v. State
Ga. · 2003 · confidence medium
Accordingly, the trial court, in the exercise of its broad discretion in ruling on motions for mistrial, did not err in denying [Woodard’s] motion. [Cits.]” Hansley v. State, 267 Ga. 48, 49 (3) ( 472 SE2d 305 ) (1996).
discussed Cited as authority (rule) Hinely v. State
Ga. · 2002 · confidence medium
Second, even if counsel’s failure to request a mistrial were deemed deficient, no mistrial would have to be granted as “[a] nonresponsive answer that impacts negatively on a defendant’s character does not improperly place the defendant’s character in issue.” Hansley v. State, 267 Ga. 48, 49 (3) ( 472 SE2d 305 ) (1996).
cited Cited as authority (rule) Adams v. State
Ga. · 2002 · confidence medium
“A nonresponsive answer that impacts negatively on a defendant’s character does not improperly place the defendant’s character in issue.” Hansley v. State, 267 Ga. 48, 49 (3) ( 472 SE2d 305 ) (1996).
discussed Cited as authority (rule) Wilbanks v. State
Ga. Ct. App. · 2001 · confidence medium
We will address each such circumstance in our review of the asserted errors. 60 (Punctuation omitted.) Henderson, supra at 326 . 61 See id. 62 See Zehner v. State, 241 Ga. App. 345, 346 (1) ( 525 SE2d 416 ) (1999). 63 Welch v. State, 207 Ga. App. 27, 28 (5) ( 427 SE2d 22 ) (1992) (physical precedent only). 64 Boggus v. State, 136 Ga. App. 917 (1) ( 222 SE2d 686 ) (1975). 65 See Williams v. State, 244 Ga. App. 26, 27 (2) ( 535 SE2d 8 ) (2000); Jackson v. State, 222 Ga. App. 843, 845 (1) ( 476 SE2d 615 ) (1996). 66 See id.; Court of Appeals Rule 27 (a) (1). 67 Hightower v. State, 259 Ga. 770, 77…
cited Cited as authority (rule) Holt v. State
Ga. Ct. App. · 2001 · confidence medium
James v. State, 270 Ga. 675, 677 (4) ( 513 SE2d 207 ) (1999); Hansley v. State, 267 Ga. 48, 49 (3) ( 472 SE2d 305 ) (1996). 3.
cited Cited as authority (rule) Key v. State
Ga. Ct. App. · 2001 · confidence medium
Hansley v. State, 267 Ga. 48, 49 (3) ( 472 SE2d 305 ) (1996).
discussed Cited as authority (rule) Wells v. State (2×)
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…
discussed Cited as authority (rule) Reese v. State
Ga. Ct. App. · 1999 · confidence medium
McMurray, P. J., and Phipps, J., concur. 1 Elrod v. State, 238 Ga. App. 80, 81-82 (1) ( 517 SE2d 805 ) (1999). 2 See generally Kinney v. State, 234 Ga. App. 733, 734-735 (1) ( 506 SE2d 441 ) (1998). 3 See Havron v. State, 234 Ga. App. 413, 414 (1) ( 506 SE2d 421 ) (1998). 4 See Hansley v. State, 267 Ga. 48, 49 (2) ( 472 SE2d 305 ) (1996); Jewell v. State, 261 Ga. 861, 862-863 (3) ( 413 SE2d 201 ) (1992); Lane v. State, 239 Ga. App. 230, 231 (2) (b) ( 520 SE2d 705 ) (1999); compare Barrow v. State, 239 Ga. 162, 166 (2) (a), (b) ( 236 SE2d 257 ) (1977). 5 See Chisholm v. State, 231 Ga. App. 835,…
discussed Cited "see" Jamal Body v. State (2×)
Ga. Ct. App. · 2023 · signal: see · confidence high
See Hansley v. State, 267 Ga. 48, 49 (3) ( 472 SE2d 305 ) (1996) (relying on the principle that a nonresponsive answer does not improperly place a defendant’s character in issue to hold that the trial court did not err in denying motion for mistrial after witness gave nonresponsive testimony that he had seen the defendant pull a gun on another person).
discussed Cited "see" Graves v. State (2×)
Ga. · 2016 · signal: see · confidence high
See Hansley v. State, 267 Ga. 48 (3) ( 472 SE2d 305 ) (1996) (mistrial properly denied because *556 a non-responsive answer which may negatively impact a defendant’s character does not improperly place the defendant’s character in issue at trial); Eagle v. State, 264 Ga. 1 (2) ( 440 SE2d 2 ) (1994) (same).
discussed Cited "see" NOELLIEN v. State (2×)
Ga. Ct. App. · 2009 · signal: see · confidence high
See Hansley v. State, 267 Ga. 48, 49 (3) ( 472 SE2d 305 ) (1996) (a witness’s nonresponsive answer that implicates a defendant’s character does not improperly place the defendant’s character in issue).
discussed Cited "see" Rosser v. State (2×)
Ga. · 2008 · signal: see · confidence high
See Hansley v. State, 267 Ga. 48 (2) ( 472 SE2d 305 ) (1996).
examined Cited "see" Chisholm v. State (4×)
Ga. Ct. App. · 1998 · signal: see · confidence high
See Hansley v. State, 267 Ga. 48, 49 (2) ( 472 SE2d 305 ) (1996); Jewell v. State, 261 Ga. 861, 863 (3) ( 413 SE2d 201 ) (1992); Adefenwa v. State, 221 Ga. App. 429, 433-434 (3) (b) ( 471 SE2d 900 ) (1996); Truitt v. State, 212 Ga. App. 286, 287 ( 441 SE2d 800 ) (1994). 4.
Hansley
v.
the State
S96A1126.
Supreme Court of Georgia.
Jul 15, 1996.
472 S.E.2d 305
Straughan & Straughan, William T. Straughan, for appellant., Timothy G. Vaughn, District Attorney, Russell P. Spivey, Assistant District Attorney, Michael J. Bowers, Attorney General, Wesley S. Homey, Assistant Attorney General, for appellee.
Carley.
Cited by 29 opinions  |  Published
Carley, Justice.

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

1. On the night of the homicide, Hansley and the victim, each accompanied by friends, met outside a club. After a fight started, Hansley shot and killed the victim. Hansley enumerates the denial of his motion for directed verdict, contending that the State failed to prove malice. However, the State’s evidence shows that Hansley, who had fought with the victim before, left the fight to get a gun from a friend’s car, yelled that the victim would not get away this time, and fired several shots at the victim, who was attempting to enter his car. This evidence was more than sufficient to prove malice. Watkins v. State, 264 Ga. 657, 658 (449 SE2d 834) (1994); Balom v. State, 245 Ga. 367, 368 (265 SE2d 21) (1980). A rational trier of fact was authorized to find proof, beyond a reasonable doubt, of Hansley’s guilt of malice murder. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

[*49] Decided July 15, 1996. Straughan & Straughan, William T. Straughan, for appellant. Timothy G. Vaughn, District Attorney, Russell P. Spivey, Assistant District Attorney, Michael J. Bowers, Attorney General, Wesley S. Homey, Assistant Attorney General, for appellee.

2. Hansley challenged the array of the traverse jury, contending that, in this particular case, the random, computerized method of choosing the jury panels from the jury pool did not produce a representative cross-section of the citizens of the county. Hansley enumerates as error the trial court’s failure to sustain this challenge. Hansley has not demonstrated any flaw in the jury selection process and has not carried his burden of showing purposeful discrimination. Thus, we find no error. Jewell v. State, 261 Ga. 861, 862 (3) (413 SE2d 201) (1992).

3. Hansley contends that the trial court erred in denying his motion for mistrial. When a witness for the State was asked if he was familiar with the murder weapon, he volunteered that he had previously seen Hansley pull it on one of the witness’s friends. Hansley unsuccessfully moved for mistrial on the basis that this testimony placed his character in issue. A nonresponsive answer that impacts negatively on a defendant’s character does not improperly place the defendant’s character in issue. Accordingly, the trial court, in the exercise of its broad discretion in ruling on motions for mistrial, did not err in denying Hansley’s motion. Eagle v. State, 264 Ga. 1, 2 (2) (440 SE2d 2) (1994); Jones v. State, 212 Ga. App. 473, 474 (442 SE2d 20) (1994).

Judgment affirmed.

All the Justices concur.
1

The homicide occurred on July 30, 1994 and Hansley was indicted on October 17, 1994. The guilty verdict was returned on April 27, 1995 and the judgment of conviction and life sentence also were entered on that day. Hansley’s motion for new trial was filed on June 5, 1995 and denied on March 20, 1996. His notice of appeal was filed on March 22, 1996 and the case then was docketed in this Court on April 8, 1996. On June 3, 1996, the appeal was submitted for decision on briefs.