Garner v. State, 485 S.E.2d 729 (Ga. 1997). · Go Syfert
Search
Garner v. State, 485 S.E.2d 729 (Ga. 1997). Cases Citing This Book View Copy Cite
16 citation events (12 in the last 25 years) across 2 distinct courts.
Strongest positive: Windham v. State (gactapp, 2006-04-06)
Top citers, strongest first. 7 distinct citers.
discussed Cited as authority (rule) Windham v. State
Ga. Ct. App. · 2006 · confidence medium
J., and Smith, P. J., concur. 1 Linzy v. State, 277 Ga. App. 673 ( 627 SE2d 411 ) (2006). 2 There was evidence that 9-millimeter and .380 bullets are nearly identical in diameter. 3 OCGA§ 16-3-21 (a). 4 Giddens v. State, 276 Ga. App. 353, 355 (1) ( 623 SE2d 204 ) (2005). 5 See Garner v. State, 267 Ga. 884, 885 (1) ( 485 SE2d 729 ) (1997); Joachim v. State, 263 Ga. 816, 817 (1) ( 440 SE2d 15 ) (1994); Linzy, supra; Brown v. State, 226 Ga. App. 447, 447-448 (1) ( 486 SE2d 678 ) (1997); Syms v. State, 175 Ga. App. 179, 179-180 (1) ( 332 SE2d 689 ) (1985).
discussed Cited as authority (rule) Lawson v. State
Ga. Ct. App. · 2005 · confidence medium
Andrews, P. J., and Mikell, J., concur. 1 Neal v. State, 271 Ga. App. 283, 285 (1) ( 609 SE2d 204 ) (2005). 2 Id. 3 See Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Neal, supra. 4 Miller v. State, 273 Ga. 831, 832 ( 546 SE2d 524 ) (2001). 5 Neal, supra; Rudisail v. State, 265 Ga. App. 293, 294 (2) ( 593 SE2d 747 ) (2004). 6 See Neal, supra; Mack v. State, 263 Ga. App. 186, 187 (1) ( 587 SE2d 132 ) (2003); Ringo v. State, 236 Ga. App. 38, 40 ( 510 SE2d 893 ) (1999). 7 451 U. S. 477 (101 SC 1880, 68 LE2d 378) (1981). 8 Haynes v. State, 269 Ga. 181, 183 (4) ( 496 SE2d 721 …
discussed Cited as authority (rule) Bell v. State
Ga. · 2004 · confidence medium
The appeal was docketed in this Court on September 16, 2003, and was submitted for decision on briefs on November 14, 2003. 2 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 See Cook v. State, 274 Ga. 891, 894 ( 561 SE2d 407 ) (2002); Garner v. State, 267 Ga. 884, 885 ( 485 SE2d 729 ) (1997); Hambrick v. State, 204 Ga. App. 668, 670 ( 420 SE2d 308 ) (1992); Milich, Georgia Rules of Evidence, § 27.2, p. 554 (2nd ed. 2002). 4 See, e.g., Scott v. State, 274 Ga. 476, 478 ( 554 SE2d 488 ) (2001); Button v. State, 260 Ga. 127, 130 ( 391 SE2d 914 ) (1990); Lemons v. State, 167…
discussed Cited as authority (rule) Cooper v. State (2×)
Ga. Ct. App. · 2002 · confidence medium
NOTES [1] The trial court directed a verdict on Counts 3 and 5 of the indictment. [2] See Court of Appeals Rules 1(a) and 23(a)-(e). [3] Court of Appeals Rule 1(c). [4] Jackson v. Denno, 378 U.S. 368 , 84 S.Ct. 1774 , 12 L.Ed.2d 908 (1964). [5] (Citations and punctuation omitted.) Grier v. State, 273 Ga. 363, 364 (2), 541 S.E.2d 369 (2001). [6] Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). [7] These factual observations go to the totality of the circumstances demonstrating the voluntariness of Cooper's statement; we do not find that engaging in subsequent conversati…
discussed Cited as authority (rule) Jones v. State
Ga. Ct. App. · 2002 · confidence medium
J., and Miller, J., concur. 1 Miranda v. Arizona, 384 U. S. 436 (86 SC 1602, 16 LE2d 694) (1966). 2 See Franks v. State, 268 Ga. 238, 239 ( 486 SE2d 594 ) (1997). 3 See Metts v. State, 270 Ga. 481, 483-484 (3) ( 511 SE2d 508 ) (1999). 4 See id.; Franks, supra (officers can request basic biographical data without implicating Miranda rule); Hudson v. State, 171 Ga. App. 181, 182 (1) ( 319 SE2d 28 ) (1984) (officer’s single threshold inquiry upon arriving on scene was not impermissible interrogation requiring suppression of statement). 5 See Garner v. State, 267 Ga. 884, 885 (3) ( 485 SE2d 729 …
cited Cited as authority (rule) King v. State
Ga. Ct. App. · 1998 · confidence medium
Garner v. State, 267 Ga. 884, 885 ( 485 SE2d 729 ).
discussed Cited "see" Stanford v. State (2×)
Ga. Ct. App. · 1999 · signal: see · confidence high
See generally Garner v. State, 267 Ga. 884, 885 (2) ( 485 SE2d 729 ) (1997); Boone v. State, 229 Ga. App. 379, 381 (4) ( 494 SE2d 100 ) (1997).
Garner
v.
the State
S97A0460.
Supreme Court of Georgia.
Apr 28, 1997.
485 S.E.2d 729
Stanley C. House, for appellant., Daniel J. Craig, District Attorney, Charles R. Sheppard, Assistant District Attorney, Michael J. Bowers, Attorney General, Paula K. Smith, Senior Assistant Attorney General, for appellee.
Fletcher.
Cited by 8 opinions  |  Published
Fletcher, Presiding Justice.

A jury found Vincent Troy Garner guilty in the shooting death of Tony McCorkle. [1] Garner claimed that he shot McCorkle in self-defense after McCorkle retrieved a gun from under his car seat. Because the trial court’s instructions to the jury did not preclude it from considering Garner’s self-defense theory, we affirm.

1. The evidence shows that McCorkle stopped his car on Lyman[*885] Street in Augusta, Georgia. After McCorkle refused to buy drugs from Garner, Garner pulled a .38 pistol from behind him and shot once at McCorkle. McCorkle cranked up his car and fell over as he drove away. He died from a gunshot to his heart.

Decided April 28, 1997. Stanley C. House, for appellant. Daniel J. Craig, District Attorney, Charles R. Sheppard, Assistant District Attorney, Michael J. Bowers, Attorney General, Paula K. Smith, Senior Assistant Attorney General, for appellee.

In his defense, Garner testified that he fired after he saw McCorkle reach under his seat and come up with a gun. No other witness saw McCorkle with a gun that night. Police found a large BB pistol stuck under the driver’s seat, but a sheriff’s investigator testified that no one could reach the gun from the front seat because of the trash in the car. Another investigator who transported Garner to jail testified that Garner asked him if the guy was dead and then stated, “Man, I didn’t mean to do it.” After reviewing the evidence in the light most favorable to the jury’s determination of guilt, we conclude that a rational trier of fact could have found Garner guilty of the crimes charged. [2]

2. Garner contends that the trial court erred in giving an incorrect jury charge on the issue of self-defense. We find no error because the trial court gave the instruction in response to the defendant’s request [3] and thoroughly instructed the jury on Garner’s justification defense.

3. Garner also alleges that the admission of his statements to the investigator who transported him to jail violated his Fifth Amendment privilege against self-incrimination and his Sixth Amendment right to counsel. The record shows that Garner initiated the conversation in the patrol car and the officer did not ask any questions. Since the record supports the trial court’s ruling that Garner’s statement was voluntary and not part of an interrogation, we conclude that the trial court did not err in admitting the statement into evidence. [4]

Judgment affirmed.

All the Justices concur.
1

The crimes occurred on May 14, 1995, and a grand jury indicted Garner on June 20, 1995. A jury found Garner guilty on December 12, 1995, and the trial court sentenced him on January 5, 1996, to life imprisonment on the murder charge and five years each on the weapons charges. Garner filed a motion for a new trial on January 26, 1996, which was denied on November 25, 1996. He filed a notice of appeal on December 3, 1996. The case was docketed on December 12, 1996, and submitted for decision based on briefs on February 3, 1997.

2

Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

3

See Solomon v. State, 247 Ga. 27, 31 (277 SE2d 1) (1980).

4

See Smith v. State, 264 Ga. 857, 859 (452 SE2d 494) (1995).