Philpot v. State, 486 S.E.2d 158 (Ga. 1997). · Go Syfert
Philpot v. State, 486 S.E.2d 158 (Ga. 1997). Cases Citing This Book View Copy Cite
43 citation events (26 in the last 25 years) across 3 distinct courts.
Strongest positive: WILLIAMS, CONGRESSWOMAN v. POWELL (ga, 2024-10-31)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 12 distinct citers.
discussed Cited as authority (rule) WILLIAMS, CONGRESSWOMAN v. POWELL
Ga. · 2024 · confidence medium
And, although the terms “recklessly” and “knowingly” are used in the alternative and describe different states of mind, both terms are used throughout the Criminal Code, sometimes together,14 and are found in common usage.15 For the 14 See, e.g., OCGA §§ 16-5-45; 16-11-101.1. 15 See Major, 301 Ga. at 151 (1) (“”[A] reckless mindset requires a person to consciously act in a manner which they know could cause harm. . . . [R]ecklessness clearly requires an analysis of the accused’s state of mind at the time of the crime alleged.”); Philpot v. State, 268 Ga. 168, 171 (3) ( 486 SE…
discussed Cited as authority (rule) WILLIAMS, CONGRESSWOMAN v. POWELL
Ga. · 2024 · confidence medium
And, although the terms “recklessly” and “knowingly” are used in the alternative and describe different states of mind, both terms are used throughout the Criminal Code, sometimes together,14 and are found in common usage.15 For the foregoing reasons, OCGA § 16-11-34.1 (a) is not so vague as to violate the due process clause of the Georgia Constitution, and the trial 14 See, e.g., OCGA §§ 16-5-45; 16-11-101.1. 15 See Major, 301 Ga. at 151 (1) (“”[A] reckless mindset requires a person to consciously act in a manner which they know could cause harm. . . . [R]ecklessness clearly re…
discussed Cited as authority (rule) Jenna Marie Garland v. State of Georgia
Ga. Ct. App. · 2021 · confidence medium
The trial court did not err by refusing to further define the terms “knowingly and willingly” because “[t]hese words are not in any sense technical or words of art, the meaning of which would not be understood by people of ordinary experience and understanding.” (Citation and punctuation omitted.) Philpot v. State, 268 Ga. 168, 171 (3) ( 486 SE2d 158 ) (1997) (holding “knowingly” is an “ordinary term[ ] found in common usage and 22 understood by people of common and ordinary experience”); Carroll v. State, 157 Ga. App. 113, 114 (1) ( 276 SE2d 267 ) (1981) (holding that “‘[w…
discussed Cited as authority (rule) Weyer v. State
Ga. Ct. App. · 2015 · confidence medium
See, e.g., Mitchell v. State, 283 Ga. 341, 344 (3) ( 659 SE2d 356 ) (2008) (“homicide” was a word of ordinary understanding); Philpot v. State, 268 Ga. 168, 171 (3) ( 486 SE2d 158 ) (1997) (“knowingly” and “great risk” were words of ordinary understanding); Millsaps, 310 Ga. App. at 772 (2) (“incitement” was a word of ordinary understanding) , Baird v. State, 201 Ga. App .378 ( 411 SE2d 332 ) (1991) (“dangerous weapon” was a phrase of ordinary understanding).
discussed Cited as authority (rule) Mitchell v. State
Ga. · 2008 · confidence medium
On the contrary, the term[ ] used [is an] ordinary term[ ] found in common usage and understood by people of common and ordinary experience. [Cit.] Philpot v. State, 268 Ga. 168, 171 (2) ( 486 SE2d 158 ) (1997).
cited Cited as authority (rule) Sosebee v. State
Ga. Ct. App. · 2006 · confidence medium
Also, “[t]erms of common usage and meaning need not be specifically defined in the charge to a jury.” (Citations omitted.) Philpot v. State, 268 Ga. 168, 171 (3) ( 486 SE2d 158 ) (1997).
discussed Cited as authority (rule) Clarke v. State
Ga. Ct. App. · 1999 · confidence medium
Conroy, Assistant District Attorneys, for appellee. 1 See Holland v. State, 197 Ga. App. 496, 497 (1) ( 398 SE2d 810 ) (1990); Fletcher v. State, 199 Ga. App. 756, 757 ( 406 SE2d 245 ) (1991). 2 See White v. State, 213 Ga. App. 429, 430 (1) ( 445 SE2d 309 ) (1994). 3 Williams v. State, 261 Ga. 640, 642 (2) (b) ( 409 SE2d 649 ) (1991). 4 Id. 5 White, supra at 431 . 6 See Durham v. State, 179 Ga. App. 636, 637 (3) ( 347 SE2d 293 ) (1986); see generally Hill v. State, 183 Ga. App. 404, 405 (1) ( 359 SE2d 190 ) (1987) (testimony concerning an independent crime may be admitted to show plan, scheme,…
cited Cited as authority (rule) Jackson v. State
Ga. · 1999 · confidence medium
Philpot v. State, 268 Ga. 168, 169 (2) ( 486 SE2d 158 ) (1997).
cited Cited as authority (rule) Moore v. State
Ga. Ct. App. · 1998 · confidence medium
“Terms of common usage and meaning need not be specifically defined in the charge to a jury. [Cits.]” Philpot v. State, 268 Ga. 168, 171 (3) ( 486 SE2d 158 ) (1997).
discussed Cited "see" State v. Bird (2×)
Utah · 2015 · signal: see · confidence high
See Philpot v. State, 268 Ga. 168 , 486 S.E.2d 158, 160-61 (1997) (dismissing defendant's argument that the trial court improperly failed to define terms "knowingly" and "great risk" because "the terms ... are ordinary terms found in common usage and understood by people of common and ordinary experience ... and need not be specifically defined in the charge to a jury"); People v. McCleod, 55 Cal.App.4th 1205, 1216 , 64 Cal.Rptr.2d 545 (1997) (upholding the inclusion of the common term "residence" in a jury instruction without additional elaboration, stating that a court "need only give explan…
discussed Cited "see" Lance v. State (2×)
Ga. · 2002 · signal: see · confidence high
See Philpot v. State, 268 Ga. 168 (2) ( 486 SE2d 158 ) (1997); Burgess v. State, 264 Ga. 777 (33) ( 450 SE2d 680 ) (1994).
discussed Cited "see, e.g." Williams v. State (2×)
Ga. · 2015 · signal: see also · confidence medium
See also Philpot v. State, 268 Ga. 168, 171 (3) ( 486 SE2d 158 ) (1997) (jury instructions were not inadequate for failing to define the terms “knowingly” and “great risk” in the context of OCGA § 17-10-30 (b) (3) regarding aggravating circumstances for authorizing the imposition of the death penalty); Smith v. State, 249 Ga. 228, 229 (2) ( 290 SE2d 43 ) (1982) (no error committed by trial court’s failing to define the word “mitigating” since mitigation is a word of common meaning and understanding).
Philpot
v.
the State
S97A0691.
Supreme Court of Georgia.
Jun 30, 1997.
486 S.E.2d 158
John O. Ellis, Jr., Claudia S. Saari, for appellant., J. Thomas Morgan III, District Attorney, Desiree S. Peagler, Barbara B. Conroy, Robert E. Statham III, Assistant District Attorneys, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, H. Maddox Kilgore, Assistant Attorney General, for appellee.
Hunstein, Carley.
Cited by 21 opinions  |  Published

Lead Opinion

Hunstein, Justice.

James Philpot was convicted of the handgun murders of Bobby Grimes and Adrian Chester, the aggravated assaults of Kenneth Grimes, Antonio Dallas, and Steven Word, and two counts of possession of a firearm by a convicted felon.[1] The jury fixed his sentence at[*169] life without parole. He appeals from the judgment and sentence entered thereon.

1. The evidence adduced at trial authorized the jury to find that Philpot and a friend, Grant Walton, went to a nightclub in DeKalb County shortly before closing time on March 12, 1995. An argument with club personnel over the cover charge escalated into a fight, during which Philpot was struck in the eye. Philpot and Walton left the scene but Philpot returned with a 10 mm pistol he had left in Walton’s car. Walton also returned and confronted Bobby Grimes, a club security guard, but left the scene when Grimes displayed a firearm. After Grimes put away his gun, Philpot ran up to him from an angle where Grimes could not see him and shot Grimes five times at close range. Philpot used a type of bullet not designed to stop inside the target; all five bullets Philpot shot into Grimes exited his body. The jury was authorized to find that Grimes was standing at or inside the door of the nightclub, in which there were several hundred people. As Grimes fell, Philpot began firing into the crowded club. Adrian Chester, a club employee, was shot and killed. Two men inside the club, Kenneth Grimes and Steven Word, a club employee and patron, respectively, were wounded; Antonio Dallas, an unarmed club employee outside the club, was also wounded. Philpot rejoined Walton, telling him to go because “I just shot them,” later explaining the shooting by stating “don’t nobody hit me in my eye.” Walton subsequently contacted police about the shooting. A police search of Phil-pot’s residence revealed two .25 semi-automatic weapons and a 10 mm gun, which expert testimony established fired the bullets found at the murder scene. Philpot, whose prior felony conviction for burglary was adduced at trial, testified that he started shooting when a club bouncer (Bobby Grimes) turned to him with a gun.

From this evidence, a rational trier of fact could have found Phil-pot guilty of the crimes charged beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). The evidence was also sufficient to enable the jury to find beyond a reasonable doubt as to the murder of Bobby Grimes that Philpot knowingly created a great risk of death to more than one person in a public place which would normally be hazardous to the lives of more than one person. OCGA § 17-10-30 (b) (3); see Chenault v. State, 234 Ga. 216, 225-226 (215 SE2d 223) (1975).

2. In his first three enumerations of error, Philpot contends he[*170] was denied due process by the trial court’s refusal to admit evidence and give jury charges regarding appellant’s parole eligibility. Because the jury was instructed as to the provisions of OCGA § 17-10-31.1 (d),[2] they were informed about the meaning of and differences between life with parole and life without parole and Philpot’s parole eligibility under these two alternatives. See McClain v. State, 267 Ga. 378 (5) (477 SE2d 814) (1996) (trial court may charge jury on life without parole). Philpot, however, argues that the charge was not adequate and that he was entitled to admit evidence and have the jury additionally charged about the specified minimum time he would be required by statute to serve before he could become eligible for parole.

All the Justices of this Court concurred with the ruling in Henry v. State, 265 Ga. 732 (462 SE2d 737) (1995), a case in which the defendant was sentenced to life without parole, that

[i]t was not error for the trial court to refuse to instruct the jury, as requested by Henry, that consecutive life sentences require that a defendant serve a specified minimum of time for each consecutive count. In this state, the jury does not determine the manner in which life sentences are served. [Cits.]

Id. at 741 (10) (b). Notwithstanding our holding in Henry, supra, Philpot argues that a jury charge regarding the statutory minimum length of incarceration facing the defendant if he is sentenced to life with parole is required by the holding in Simmons v. South Carolina, 512 U. S. 154 (114 SC 2187, 129 LE2d 133) (1994). However, as we stated in Burgess v. State, 264 Ga. 777, 788 (33) (450 SE2d 680) (1994), the U. S. Supreme Court’s opinion in Simmons stands only for the relatively narrow proposition that

where the State makes an issue of the defendant’s future dangerousness during the sentencing phase of a capital trial and state law prohibits the defendant’s release on parole, the jury must be informed that the defendant is ineligible for parole.

[*171] Thus, Simmons is not applicable to this case. Furthermore, this Court having already concluded that it is not error for the trial court to keep from the jury truthful information regarding mandatory minimum periods of imprisonment before a defendant is eligible for parole,[3] Henry v. State, supra, 265 Ga. at (10) (b), we decline Philpot’s invitation to expand the holding in Simmons so as to require reversal of the trial court’s rulings on evidence and jury instructions regarding the specifics of Philpot’s parole eligibility.

3. In its instructions in the sentencing phase of the trial, the court charged the jury on the statutory aggravating circumstance set forth in OCGA § 17-10-30 (b) (3), using language which tracked the statute.[4] We disagree with Philpot that the trial court’s charge was inadequate because it did not define for the jury the terms “knowingly” and “great risk.” These words are not in any sense

technical or words of art, the meaning of which would not be understood by people of ordinary experience and understanding. On the contrary, the terms used are ordinary terms found in common usage and understood by people of common and ordinary experience. Sproles v. Binford, 286 U. S. 374 (52 SC 581, 76 LE 1167) [(1932)].

Wallace v. State, 224 Ga. 255, 256 (1) (b) (161 SE2d 288) (1968). Terms of common usage and meaning need not be specifically defined in the charge to a jury. Smith v. State, 249 Ga. 228 (2) (290 SE2d 43) (1982); Anderson v. State, 226 Ga. 35 (2) (172 SE2d 424) (1970). We find no merit in Philpot’s argument that the trial court’s charge on OCGA § 17-10-30 (b) (3) failed under Godfrey v. Georgia, 446 U. S. 420 (100 SC 1759, 64 LE2d 398) (1980) to set forth clear and objective standards that provide the specific and detailed guidance required of penalty phase instructions.

Judgment affirmed.

All the Justices concur. [*172] Decided June 30, 1997. John O. Ellis, Jr., Claudia S. Saari, for appellant. J. Thomas Morgan III, District Attorney, Desiree S. Peagler, Barbara B. Conroy, Robert E. Statham III, Assistant District Attorneys, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, H. Maddox Kilgore, Assistant Attorney General, for appellee.
1

The crimes occurred on March 12, 1995. Philpot was indicted on May 19, 1995 in DeKalb County and charged with two counts of murder, four counts of felony murder, three counts of aggravated assault, and two counts of possession of a firearm by a convicted felon. The State sought the death penalty. He was first tried on all counts except the one count of possession of a firearm by a convicted felon based on the firearm discovered at his residence, which was tried separately. The jury found Philpot guilty on all of the counts and fixed his sentence at life without parole, finding that two aggravating circumstances existed for the murder of Adrian Chester, OCGA § 17-10-30 (b) (1) and (3), and that one aggravating circumstance existed for the murder of Bobby Grimes. Id. at (b) (3). The trial court on September 25,1996 sentenced Philpot to life without parole as to Grimes’ murder (Count 1), to life[*169] without parole for Chester’s murder, to run. consecutive to Count 1, and consecutive sentences of twenty years for each aggravated assault conviction and five years for each possession of a firearm conviction. Philpot’s notice of appeal was filed on October 24, 1996. The appeal was docketed in this Court on January 28, 1997 and was orally argued on April 21, 1997.

2

The trial court charged the jury:

Now, under our law, “life imprisonment” means that the defendant will be sentenced to incarceration for the remainder of his natural life. However, he will be eligible for parole during that term of sentence.
Under our law, “life imprisonment without parole” means that the defendant shall be incarcerated for the remainder of his natural life and shall not be eligible for parole.
3

The United States Supreme Court held that

[i]n a State in which parole is available, how the jury’s knowledge of parole availability will affect the decision whether or not to impose the death penalty is speculative, and we shall not lightly second-guess a decision whether or not to inform a jury of information regarding parole. States reasonably may conclude that truthful informatipn regarding the availability of commutation, pardon, and the like, should be kept from the jury in order to provide “greater protection in [the States’] criminal justice system than the Federal Constitution requires.” [Cit.]

Simmons v. South Carolina, supra, 114 SC at 2196.

4

The trial court charged the jury that

the following may constitute statutory aggravating circumstances: ... where the defendant, by the act of murder, knowingly created a great risk ... of death, to more than one person in a public place, by means of a weapon or device which would normally be hazardous to the Uves of more than one person.

Concurrence

Carley, Justice,

concurring.

I fully join in the majority’s opinion affirming the judgments of conviction entered on the jury’s guilty verdicts. In Division 1, the majority disposes of Philpot’s enumeration of error regarding the sufficiency of the evidence of the aggravating circumstance set forth in OCGA § 17-10-30 (b) (3) as to the murder of Bobby Grimes, and I fully agree with this disposition. However, I write separately to note that, although not specifically enumerated as error, the evidence was also sufficient to enable the jury to find beyond a reasonable doubt the existence of the aggravating circumstances set forth in both subsections (b) (1) and (b) (3) of OCGA § 17-10-30 as to the murder of Adrian Chester.