State v. Larocque, 489 S.E.2d 806 (Ga. 1997). · Go Syfert
State v. Larocque, 489 S.E.2d 806 (Ga. 1997). Cases Citing This Book View Copy Cite
102 citation events (82 in the last 25 years) across 3 distinct courts.
Strongest positive: Davis v. Commonwealth (ky, 2004-11-18)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 31 distinct citers.
examined Cited as authority (verbatim quote) Davis v. Commonwealth (4×) also: Cited "see, e.g."
Ky. · 2004 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
single objection constitutes a continuing objection only when counsel specifically requests a continuing objection and the trial court specifically grants a continuing objection, or when the trial court on its own initiative clearly designates an objection as continuing.
examined Cited as authority (quoted) Ricketts v. State (3×)
Ga. · 2003 · quote attribution · 3 verbatim quotes · confidence low
state has long followed the contemporaneous objection rule, which provides that counsel must make a proper objection on the record at the earliest possible time to preserve for review the point of error.
discussed Cited as authority (rule) Hall v. State
Ga. · 2025 · confidence medium
Davis testified about a time when he forgot to bring home ice from the store, and Hall became “very upset” and went on “a tirade,” during pretrial as 404(b) evidence.” However, as we have explained, “[c]ontinuing objections eliminate the need to repeat an objection where the trial court’s ruling on the first objection clearly covers subsequent proceedings and the court has granted a party the right to have a continuing objection.” State v. Larocque, 268 Ga. 352, 353 (1997). 8 which she “began to push and shove toward [him], [and tried] to kick [him]” in the shin.
discussed Cited as authority (rule) David Michael Dixon v. State
Ga. Ct. App. · 2019 · confidence medium
State v. Larocque, 268 Ga. 352, 353 ( 489 SE2d 806 ) (1997); cf. Beasley v. State, 305 Ga. 231, 235 (3) ( 824 SE2d 311 ) (2019) (objection is not properly preserved if the “objection cannot be viewed as continuing;” the trial court must grant the continuing objection in order to preserve the issue).
discussed Cited as authority (rule) Beasley v. State (2×) also: Cited "see"
Ga. · 2019 · confidence medium
An objection cannot be viewed as continuing unless “the trial court specifically grants a continuing objection, or when the trial court on its own initiative clearly designates an objection as continuing.” State v. Larocque, 268 Ga. 352, 354 ( 489 SE2d 806 ) (1997).
discussed Cited as authority (rule) Stacey v. State
Ga. · 2013 · confidence medium
Georgia “has long followed the contemporaneous objection rule, which provides that counsel must make a proper objection on the record at the earliest possible time to preserve for review the point of error.” State v. Larocque, 268 Ga. 352, 353 ( 489 SE2d 806 ) (1997).
discussed Cited as authority (rule) Johnson v. State
Ga. · 2013 · confidence medium
Georgia “has long followed the contemporaneous objection rule, which provides that counsel must make a proper objection on the record at the earliest possible time to preserve for review the point of error.” State v. Larocque, 268 Ga. 352, 353 ( 489 SE2d 806 ) (1997) (citation omitted).
discussed Cited as authority (rule) Ivy Road Properties, LLC v. First Citizens Bank & Trust Co.
Ga. Ct. App. · 2011 · confidence medium
Leasing Co., 206 Ga. App. 258, 259 (1) ( 424 SE2d 889 ) (1992). 2 OCGA § 44-14-161 (b). 3 (Citations omitted.) Boring v. State Bank & Trust Co., 307 Ga. App. 93, 94 ( 704 SE2d 207 ) (2010). 4 Oates v. Sea Island Bank, 172 Ga. App. 178 (1) ( 322 SE2d 291 ) (1984). 5 (Citation omitted.) McCain v. Galloway, 267 Ga. App. 505 ( 600 SE2d 449 ) (2004). 6 State v. Larocque, 268 Ga. 352, 353 ( 489 SE2d 806 ) (1997), citing Sharpe v. Dept. of Transp., 267 Ga. 267 (1) ( 476 SE2d 722 ) (1996). 7 (Citations and punctuation omitted.) Davis v. Rathel, 273 Ga. App. 183, 186 (2) ( 614 SE2d 823 ) (2005). 8 Sea…
cited Cited as authority (rule) Hughes v. State
Ga. Ct. App. · 2010 · confidence medium
State v. Larocque, 268 Ga. 352, 353-354 ( 489 SE2d 806 ) (1997); Hughes v. State, 290 Ga. App. 475, 478 (2) ( 659 SE2d 844 ) (2008).
cited Cited as authority (rule) Hughes v. State
Ga. Ct. App. · 2008 · confidence medium
State v. Larocque, 268 Ga. 352, 353 ( 489 SE2d 806 ) (1997).
discussed Cited as authority (rule) Martin v. State
Ga. · 2007 · confidence medium
However, Georgia “has long followed the contemporaneous objection rule, which provides that counsel must make a proper objection on the record at the earliest possible time to preserve for review the point of error.” State v. Larocque, 268 Ga. 352, 353 ( 489 SE2d 806 ) (1997).
discussed Cited as authority (rule) Clark v. State
Ga. Ct. App. · 2006 · confidence medium
“This State has long followed the contemporaneous objection rule, which provides that counsel must make a proper objection on the record at the earliest possible time to preserve for review the point of error. [Cit.]” State v. Larocque, 268 Ga. 352, 353 ( 489 SE2d 806 ) (1997).
cited Cited as authority (rule) Telcom Cost Consulting, Inc. v. Warren
Ga. Ct. App. · 2005 · confidence medium
Levy, Timothy S. McConnell, for appellee. 1 (Citations omitted.) State v. Larocque, 268 Ga. 352, 353 ( 489 SE2d 806 ) (1997).
discussed Cited as authority (rule) Francis v. Francis
Ga. · 2005 · confidence medium
“This state has long followed the contemporaneous objection rule, which provides that counsel must make a proper objection on the record at the earliest possible time to preserve for review the point of error. [Cit.]” State v. Larocque, 268 Ga. 352, 353 ( 489 SE2d 806 ) *249 (1997).
discussed Cited as authority (rule) Dameron v. State
Ga. Ct. App. · 2004 · confidence medium
Ruffin, P. J., and Adams, J., concur. 1 (Citation omitted.) State v. Larocque, 268 Ga. 352, 353 ( 489 SE2d 806 ) (1997). 2 Garey v. State, 273 Ga. 133, 135 (1) ( 539 SE2d 123 ) (2000). 3 Roseberry v. State, 274 Ga. 301, 304 (3) ( 553 SE2d 589 ) (2001). 4 (Citations and punctuation omitted.) Rowe v. Rowe, 228 Ga. 302, 303 (1) ( 185 SE2d 69 ) (1971). 5 (Citation omitted.) Duck v. State, 210 Ga. App. 205, 207 (3) ( 435 SE2d 725 ) (1993); accord Flowers v. State, 255 Ga. App. 660, 662-663 ( 566 SE2d 339 ) (2002); Myrick v. State, 242 Ga. App. 892, 895 ( 531 SE2d 766 ) (2000). 6 (Citations and punc…
cited Cited as authority (rule) Wilson v. State
Ga. · 2003 · confidence medium
State v. Larocque, 268 Ga. 352, 353 ( 489 SE2d 806 ) (1997).
discussed Cited as authority (rule) Brinson v. State
Ga. · 2003 · confidence medium
Roseberry v. State, 274 Ga. 301, 303-304 ( 553 SE2d 589 ) (2001); State v. Larocque, 268 Ga. 352, 353 ( 489 SE2d 806 ) (1997). 9 Davis v. State, 272 Ga. 327, 329 ( 528 SE2d 800 ) (2000). 10 Parker v. State, 226 Ga. App. 462, 465 ( 486 SE2d 687 ) (1997). 11 These include appellant’s claims that the trial court erred by failing to grant a mistrial sua sponte following an emotional outburst from a courtroom spectator; that the trial court erred in its jury charges on bare suspicion, aggravated assault and voluntary manslaughter; and that trial counsel was ineffective for failing to move for a m…
discussed Cited as authority (rule) Spickler v. State
Ga. · 2003 · confidence medium
Juror Breeland was conscientiously opposed to the death penalty and took a defensive posture when questioned by the State. 14 State v. Larocque, 268 Ga. 352, 353 ( 489 SE2d 806 ) (1997). 15 Id. at 353 .
discussed Cited as authority (rule) Butler v. State (2×) also: Cited "see, e.g."
Ga. · 2001 · confidence medium
Garey v. State, 273 Ga. 133 ( 539 SE2d 123 ) (2000); State v. Larocque, 268 Ga. 352, 353 ( 489 SE2d 806 ) (1997).
cited Cited as authority (rule) Garey v. State
Ga. · 2000 · confidence medium
State v. Larocque, 268 Ga. 352, 353 ( 489 SE2d 806 ) (1997).
cited Cited as authority (rule) Werner v. State
Ga. Ct. App. · 2000 · confidence medium
(Citations omitted; emphasis supplied.) State v. Larocque, 268 Ga. 352, 353 ( 489 SE2d 806 ) (1997).
discussed Cited as authority (rule) Wozniuk v. Kitchin
Ga. Ct. App. · 1997 · confidence medium
Fowler testified without objection about the scholarly article he had read showing that viral illnesses can be a cause of appendicitis. “[E]ven if counsel timely objects to certain testimony, its admission is not error where substantially the same evidence is subsequently admitted without objection.” State v. Larocque, 268 Ga. 352, 353 ( 489 SE2d 806 ) (1997); see also Tahamtan v. Tahamtan, 204 Ga. App. 680, 682 (4) ( 420 SE2d 363 ) (1992).
discussed Cited "see" Beasley v. State (2×)
Ga. · 2019 · signal: see · confidence high
See Larocque , supra, 268 Ga. at 353 , 489 S.E.2d 806 .
examined Cited "see" State v. Pless (4×)
Ga. · 2007 · signal: see · confidence high
See State v. Larocque, 268 Ga. 352 , 489 S.E.2d 806 (1997) (in order to preserve a point of error for review, counsel must make a proper objection on the record at the earliest possible time); Fair v. State, 281 Ga.App. 518 (2), 636 S.E.2d 712 (2006). [3] Although former OCGA § 17-12-10(c) expressly allowed a trial court to order reimbursement to the county for the costs of a court-appointed attorney when a defendant is able to pay such costs, that provision was eliminated with enactment of the Georgia Indigent Defense Act of 2003, effective January 1, 2004.
discussed Cited "see" Smith v. State (2×)
Ga. · 2003 · signal: see · confidence high
See State v. Larocque, 268 Ga. 352, 353 ( 489 SE2d 806 ) (1997) (Georgia “has long followed the contemporaneous objection rule, which provides that counsel must make a proper objection on the record at the earliest possible time to preserve for review the point of error”).
discussed Cited "see" Thomas v. State (2×)
Ga. · 2002 · signal: see · confidence high
See generally State v. Larocque, 268 Ga. 352 ( 489 SE2d 806 ) (1997).
examined Cited "see" Mullins v. Thompson (4×)
Ga. · 2001 · signal: see · confidence high
See generally State v. Larocque, 268 Ga. 352 , 489 S.E.2d 806 (1997).
discussed Cited "see" Hendon v. SUPERIOR ROOFING CO. OF GEORGIA (2×)
Ga. Ct. App. · 2000 · signal: accord · confidence high
Auth. of Ware County, 129 Ga. App. 510, 514 (2) (a) ( 199 SE2d 881 ); accord State v. Larocque, 268 Ga. 352, 353 ( 489 SE2d 806 ).
discussed Cited "see" Altman v. State (2×)
Ga. Ct. App. · 1997 · signal: see · confidence high
See generally State v. Larocque, 268 Ga. 352 ( 489 SE2d 806 ).
discussed Cited "see, e.g." Roseberry v. State (2×)
Ga. · 2001 · signal: compare · confidence medium
Roseberry orally argued his appeal on July 9, 2001. 2 See Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 See Wiseman v. State, 249 Ga. 559, 561 ( 292 SE2d 670 ) (1982). 4 See Wayne v. State, 269 Ga. 36, 39-40 ( 495 SE2d 34 ) (1998); Ford v. State, 269 Ga. 139, 140 ( 498 SE2d 58 ) (1998); Bryant v. State, 249 Ga. 242, 243 ( 290 SE2d 75 ) (1982); compare Henderson v. State, 255 Ga. 687, 689 ( 341 SE2d 439 ) (1986) (evidence that showed drug dealer murdered victim to avoid victim disclosing drug dealing was admissible to show that defendant had not committed crime). 5 See …
discussed Cited "see, e.g." Owens v. State (2×)
Ga. · 1998 · signal: see also · confidence medium
Thomas v. State, 268 Ga. 135 ( 485 SE2d 783 ) (1997). 3 Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 LE2d 560) (1979). 4 262 Ga. 106 ( 414 SE2d 211 ) (1992); see also Ross v. Kemp, 260 Ga. 312 ( 393 SE2d 244 ) (1990) (presumption of prejudice used in death penalty habeas action where counsel placed *889 defendant on stand with no preparation and co-counsel presented fractured defenses). 5 Strickland v. Washington, 466 U.S. 668, 687 (104 SC 2052, 80 LE2d 674) (1984) (to prevail on claim of ineffectiveness of counsel, defendant must show that counsel’s performance was deficient and that t…
The State
v.
Larocque
S97G0631.
Supreme Court of Georgia.
Sep 15, 1997.
489 S.E.2d 806
Lydia J. Sartain, District Attorney, Lee Darragh, Assistant District Attorney, for appellant., Chandler & Britt, Walter M. Britt, Gregory D. Jay, for appellee.
Thompson.
Cited by 43 opinions  |  Published
2 passages pin-cited by 3 cases
Pinpoint authority: #28,007 of 633,719
Citer courts: Supreme Court of Georgia (3) · Indiana Court of Appeals (2)
Thompson, Justice.

In this case of first impression, we are called upon to clarify the nature of a continuing objection. While Georgia courts have long recognized the use of continuing objections, see, e.g., Jackson v. State, 256 Ga. 536 (350 SE2d 428) (1986); Moore v. State, 254 Ga. 674 (333 SE2d 605) (1985); Sanders v. State, 246 Ga. 42 (268 SE2d 628) (1980); Edgeworth v. Edgeworth, 239 Ga. 811 (239 SE2d 16) (1977); Campbell v. State, 237 Ga. 76 (226 SE2d 601) (1976), we have not specifically explained how a continuing objection is to be put on the record and what a continuing objection does. We take this opportunity to address these issues.

Jerry Lee Larocque was convicted of rape, false imprisonment, sexual battery, and battery. During his jury trial, the State cross-examined Larocque and asked him whether he had violated bond conditions by being at a convenience store within a mile of the victim’s home. Larocque objected on relevance grounds. A bench conference followed, and the court asked the district attorney to explain the relevance of the convenience store questioning. The district attorney theorized that Larocque was attempting to intimidate the victim by making himself visible to her just prior to trial. Defense counsel then asked the trial court if the State should have given notice of similar transactions. The trial court responded by saying, “I think intimidation, evidence of intimidation of a witness is relevant. I don’t think it would require notice but I will note your objection and overrule it.” Defense counsel’s simple response was, “Okay.”

As cross-examination continued, Larocque affirmatively denied having visited the convenience store. Larocque was then asked other questions concerning intimidation; he did not renew his objection to[*353] those questions. Furthermore, he never objected to subsequent testimony of several witnesses — one of whom flatly contradicted Larocque’s statement that he had not visited the convenience store — who placed him near the victim’s residence and workplace, and who saw Larocque drive slowly past the victim’s workplace.

In reversing Larocque’s conviction, a majority of the Court of Appeals found that Larocque’s single objection to the convenience store question had preserved for review the entire line of intimidation evidence. Larocque v. State, 224 Ga. App. 92, n. 1 (479 SE2d 450) (1996). We granted certiorari to consider this question: “When can a single objection constitute a ‘continuing’ objection to the introduction of evidence?”

This state has long followed the contemporaneous objection rule, which provides that counsel must make a proper objection on the record at the earliest possible time to preserve for review the point of error. Sharpe v. Dept. of Transp., 267 Ga. 267 (1) (476 SE2d 722) (1996). Of course, even if counsel timely objects to certain testimony, its admission is not error where substantially the same evidence is subsequently admitted without objection. Clarke v. State, 221 Ga. 206 (144 SE2d 90) (1965); Massey v. State, 220 Ga. 883 (4) (142 SE2d 832) (1965). See also Steverson v. Hosp. Auth. of Ware County, 129 Ga. App. 510, 514 (2) (199 SE2d 881) (1973). However, error can be enumerated upon subsequently introduced testimony if a continuing objection was interposed in the first instance.

Continuing objections eliminate the need to repeat an objection where the trial court’s ruling on the first objection clearly covers subsequent proceedings and the court has granted a party the right to have a continuing objection. 4 CJS 297, Appeal and Error, § 218 (1993). If the court does not specifically grant a right to a continuing objection, it is counsel’s duty to object to testimony as it is offered. See Yankunos v. Hinds Catering Co., 196 A 520, 521 (Pa. Super. 1938). Larocque’s only specific objection was a relevancy objection to the convenience store testimony. He did not specifically request, nor was he specifically granted, a continuing objection to all subsequent intimidation testimony.

Larocque asserts his objection was continuing inasmuch as the trial court declared the intimidation evidence relevant. We do not, however, construe the trial court’s response as granting a continuing objection. The trial court did nothing more than rule on Larocque’s objection and we will not assume that it granted a continuing objection where none was specifically requested. Accordingly, Larocque’s relevancy objection to the convenience store testimony was not a continuing objection and did not preserve for review the entire line of intimidation testimony.

Unless the record clearly shows that an objection is specifically[*354] requested and granted as continuing, an appellate court can only speculate whether an objection covers subsequently admitted evidence. Accordingly, we hold that a single objection constitutes a continuing objection only when counsel specifically requests a continuing objection and the trial court specifically grants a continuing objection, or when the trial court on its own initiative clearly designates an objection as continuing. Because the record does not reflect that these requirements were met, we reverse the judgment of the Court of Appeals.

Decided September 15, 1997. Lydia J. Sartain, District Attorney, Lee Darragh, Assistant District Attorney, for appellant. Chandler & Britt, Walter M. Britt, Gregory D. Jay, for appellee.

Judgment reversed.

All the Justices concur.