Love v. State, 490 S.E.2d 88 (Ga. 1997). · Go Syfert
Love v. State, 490 S.E.2d 88 (Ga. 1997). Cases Citing This Book View Copy Cite
34 citation events (24 in the last 25 years) across 2 distinct courts.
Strongest positive: Hayes v. State (ga, 2016-01-19)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 15 distinct citers.
discussed Cited as authority (rule) Hayes v. State
Ga. · 2016 · confidence medium
“Intentionally firing a gun at another, absent justification, [may be] sufficient in and of itself to support a conviction of aggravated assault.” Love v. State, 268 Ga. 484, 485 (1) ( 490 SE2d 88 ) (1997) (citation and punctuation omitted).
cited Cited as authority (rule) In the Interest of O. L.
Ga. Ct. App. · 2014 · confidence medium
(Emphasis supplied.) Love v. State, 268 Ga. 484, 485 (1) ( 490 SE2d 88 ) (1997) (citation and punctuation omitted); see Anthony v. State, 276 Ga. App. 107, 108 (1) ( 622 SE2d 450 ) (2005).
discussed Cited as authority (rule) In the Interest Of: O. L., a Child
Ga. Ct. App. · 2014 · confidence medium
S., 310 Ga. App. 70, 72-73 (1) ( 712 SE2d 99 ) (2011) (citation omitted). 8 (Emphasis supplied.) 9 Love v. State, 268 Ga. 484, 485 (1) ( 490 SE2d 88 ) (1997) (citation and punctuation omitted); see Anthony v. State, 276 Ga. App. 107, 108 (1) ( 622 SE2d 450 ) (2005). 3 The delinquency petition pertinently alleged that O.
cited Cited as authority (rule) Coe v. State
Ga. · 2013 · confidence medium
See Hendricks v. State, 290 Ga. 238, 240 (1) ( 719 SE2d 466 ) (2011); Love v. State, 268 Ga. 484, 485 (1) ( 490 SE2d 88 ) (1997).
discussed Cited as authority (rule) Hart v. State
Ga. Ct. App. · 2010 · confidence medium
Jarriel, Assistant District Attorney, for appellee. 1 See Lively v. State, 262 Ga. 510, 512 (3) ( 421 SE2d 528 ) (1992). 2 Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) (99 SC 2781, 61 LE2d 560) (1979) (emphasis in original). 3 Merritt v. State, 285 Ga. 778, 779 (1) ( 683 SE2d 855 ) (2009) (citations omitted; emphasis in original). 4 See Jackson, supra; Merritt, supra at 779-780 ; Wilson v. State, 275 Ga. 53, 56 (1) ( 562 SE2d 164 ) (2002); Williams v. State, 164 Ga. App. 621, 622 (1) ( 298 SE2d 306 ) (1982) (“mere possibility that someone other than defendant committed the crime” need…
discussed Cited as authority (rule) Anthony v. State
Ga. Ct. App. · 2005 · confidence medium
Miller and Bernes, JJ., concur. 1 Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) (99 SC 2781, 61 LE2d 560) (1979). 2 Escutia v. State, 277 Ga. 400, 402 (2) ( 589 SE2d 66 ) (2003). 3 Lawrence could not be located and was not therefore subpoenaed to testify at trial. 4 OCGA§ 16-5-21 (a) (2). 5 Smiley v. State, 263 Ga. 716, 717 (2) ( 438 SE2d 75 ) (1994). 6 OCGA § 16-5-20 (a). 7 Love v. State, 268 Ga. 484, 485 (1) ( 490 SE2d 88 ) (1997). 8 Lemming v. State, 272 Ga. App. 122, 125 (1) ( 612 SE2d 495 ) (2005). 9 Jackson v. State, 251 Ga. App. 578, 579 (1) ( 554 SE2d 768 ) (2001). 10 Hayes v. St…
discussed Cited as authority (rule) Lunsford v. State
Ga. Ct. App. · 2003 · confidence medium
Georgia courts have repeatedly held that “[intentionally firing a gun at another, absent justification, is sufficient in and of itself to support a conviction of aggravated assault.” (Citation and punctuation omitted.) Love v. State, 268 Ga. 484, 485 (1) ( 490 SE2d 88 ) (1997); Steele v. State, 196 Ga. App. 330, 331 (2) ( 396 SE2d 4 ) (1990).
cited Cited as authority (rule) Adams v. State
Ga. · 2002 · confidence medium
See Cammon v. State, supra at 474 (4); Flanigan v. State, 269 Ga. 160, 163 (2) ( 496 SE2d 255 ) (1998); Love v. State, 268 Ga. 484, 486 (4) ( 490 SE2d 88 ) (1997).
cited Cited as authority (rule) Henderson v. State
Ga. Ct. App. · 2001 · confidence medium
Love v. State, 268 Ga. 484, 486 (4) ( 490 SE2d 88 ) (1997).
discussed Cited as authority (rule) Tucker v. State
Ga. Ct. App. · 2000 · confidence medium
Gray Conger, District Attorney, Alonza Whitaker, Assistant District Attorney, for appellee. 1 Cox v. State, 241 Ga. App. 388, 389 ( 526 SE2d 887 ) (1999). 2 Matthews v. State, 224 Ga. App. 407, 408 (1) ( 481 SE2d 235 ) (1997). 3 See Jordan v. State, 214 Ga. App. 598, 601 (2) ( 448 SE2d 917 ) (1994), overruled on other grounds, Dunagan v. State, 269 Ga. 590, 593 (2) (a) ( 502 SE2d 726 ) (1998). 4 See Love v. State, 268 Ga. 484, 485 (1) ( 490 SE2d 88 ) (1997). 5 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); see Shaw v. State, 238 Ga. App. 757, 760 (2) ( 519 SE2d 486 ) (199…
discussed Cited as authority (rule) Brinson v. State
Ga. · 2000 · confidence medium
Therefore, “[a] victim’s ‘apprehension’ of receiving a violent injury is not an essential element of an assault in which it is alleged that the defendant actually attempted to commit a violent injury to the person of the victim.” Love v. State, 268 Ga. 484, 485 (1) ( 490 SE2d 88 ) (1997).
discussed Cited as authority (rule) Holmes v. State (2×)
Ga. · 1999 · confidence medium
Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); McCord v. State, 268 Ga. 499 (1) ( 491 SE2d 360 ) (1997); Love v. State, 268 Ga. 484, 485 (1) ( 490 SE2d 88 ) (1997). 2.
discussed Cited as authority (rule) Dalton v. State
Ga. Ct. App. · 1998 · confidence medium
“Intentionally firing a gun at another, absent justification, is sufficient in and of itself to support a conviction of aggravated assault.” (Citations and punctuation omitted.) Love v. State, 268 Ga. 484, 485 (1) ( 490 SE2d 88 ) (1997).
discussed Cited "see" Dukes v. State (2×)
Ga. Ct. App. · 2007 · signal: see · confidence high
See OCGA§ 16-5-21 (a) (2). 3 (Citation omitted.) Love v. State, 268 Ga. 484, 485 (1) ( 490 SE2d 88 ) (1997); Steele v. State, 196 Ga. App. 330, 331 (2) ( 396 SE2d 4 ) (1990). 4 See McGuire v. State, 243 Ga. App. 899, 900 (1) ( 534 SE2d 549 ) (2000) (justification). 5 (Punctuation and footnote omitted.) Id. 6 See OCGA§§ 16-2-2 (accident); 16-3-20, 16-3-21 (justification). 7 See Free v. State, 245 Ga. App. 886 ( 539 SE2d 213 ) (2000). 8 (Punctuation and footnote omitted.) Jackson, supra at 579 (1). 9 (Punctuation and footnotes omitted.) Quimbley v. State, 276 Ga. App. 174, 176-177 (2) ( 622 S…
discussed Cited "see" Jackson v. State (2×)
Ga. · 2004 · signal: see · confidence high
See Love v. State, 268 Ga. 484 (4) ( 490 SE2d 88 ) (1997). (a) A review of the transcript shows that the comment by the prosecutor about a witness did not constitute the prosecutor’s personal opinion regarding the veracity of that witness, see Johnson v. State, 271 Ga. 375 (15) (b) ( 519 SE2d 221 ) (1999) and the prosecutor’s reference to Robinson’s children and the characterization of appellants as “thugs” did not impermissibly influence the jury’s passions or prejudices or divert the jury from the evidence.
Love
v.
the State
S97A1117.
Supreme Court of Georgia.
Sep 22, 1997.
490 S.E.2d 88
Alden W. Snead, for appellant., J. Tom Morgan, District Attorney, Barbara B. Conroy, Assistant District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Deborah L. Gale, Assistant Attorney General, for appellee.
Carley.
Cited by 17 opinions  |  Published
Carley, Justice.

Ernest Love was tried before a jury on an indictment charging him with the malice or, in the alternative, felony murder of one victim and the commission of an aggravated assault against another victim. Under the State’s evidence, Love fired several shots at a rival gang member against whom he held a grudge. Although the shots[*485] missed Love’s intended target, one struck and killed an innocent 17-year-old bystander. On this evidence, the jury found Love guilty of the malice murder of the bystander and of a separate aggravated assault against the rival gang member. The trial court imposed sentences of life imprisonment for the murder and a 20-year term for the aggravated assault. The trial court denied Love’s motion for new trial and he appeals. [1]

1. Love enumerates the general grounds, urging that there is no evidence of the victims’ “apprehension” and, thus, no evidence of his commission of an aggravated assault against either of them. A victim’s “apprehension” of receiving a violent injury is not an essential element of an assault in which it is alleged that the defendant actually attempted to commit a violent injury to the person of the victim. Tiller v. State, 267 Ga. 888, 890 (3) (485 SE2d 720) (1997). “ ‘(I)ntentionally firing a gun at another, absent justification, is sufficient in and of itself to support a conviction of aggravated assault. [Cits.]’ [Cit.]” Tiller v. State, supra at 890 (3). Moreover, the State’s failure to prove the commission of an aggravated assault against the murder victim would be immaterial in any event, since Love was convicted of malice, rather than felony, murder. The evidence, when construed most strongly against Love, is sufficient to authorize a rational trier of fact to find proof, beyond a reasonable doubt, of his guilt of the malice murder of the bystander by intentionally firing the shot which fatally struck her and of the commission of an aggravated assault against the rival gang member by intentionally firing at him. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2. Citing Walker v. State, 254 Ga. 149, 151 (1) (327 SE2d 475) (1985), Love urges that the verdict is ambiguous as to whether the jury found him guilty of malice or felony murder and, thus, should be construed as a finding of his guilt for felony murder. The record shows that Count 1 of the indictment alleged Love’s commission of malice murder and Count 2 alleged his commission of felony murder while in the commission of an aggravated assault. Compare Walker v. State, supra at 151 (1) (malice and felony murder alleged alternatively in only one count). The jury returned a guilty verdict on Count 1 and no verdict on the alternative Count 2. Accordingly, the verdict clearly was one of guilty of the malice murder charge alleged in Count 1. Moreover, since malice and felony murder were alleged[*486] alternatively in two separate counts, rather than in one single count, a valid guilty verdict on the malice murder count would render the felony murder count mere surplusage. Diamond v. State, 267 Ga. 249, 251 (3) (b) (477 SE2d 562) (1996); Malcolm v. State, 263 Ga. 369, 372 (5) (434 SE2d 479) (1993).

Decided September 22, 1997 — Reconsideration denied October 10, 1997. Alden W. Snead, for appellant. J. Tom Morgan, District Attorney, Barbara B. Conroy, Assistant District Attorney, Thurbert E. Baker, Attorney General, Paula K. [*487] Smith, Senior Assistant Attorney General, Deborah L. Gale, Assistant Attorney General, for appellee.

[*486] 3. The record shows that Love’s right to enumerate error in the trial court’s charge was waived. Rivers v. State, 250 Ga. 303, 309 (7) (298 SE2d 1) (1982).

4. Love contends that his trial counsel was ineffective because of the use of prescription drugs for back pain. The trial court addressed this issue on Love’s motion for new trial, and found that it “had not detected anything out of the ordinary during the conduct of the trial that would have suggested any adverse effects of medication.” Love makes no showing that the trial court’s finding, which was based upon its own personal observations of trial counsel’s performance, is clearly erroneous. Smith v. State, 256 Ga. 483 (351 SE2d 641) (1986). Thus, as a matter of fact, trial counsel’s performance was not adversely affected by his use of the medication. Therefore, as a matter of law, Love has failed to meet his burden of showing that his trial counsel’s performance was deficient and that the deficiency prejudiced the defense. See Whatley v. State, 266 Ga. 568, 570 (4) (468 SE2d 751) (1996).

Love further contends that his trial counsel was ineffective for numerous other reasons, most of which involve trial tactics, such as requesting charges and objecting to the charge as given, subpoenaing defense witnesses, and objecting to evidence. “Judicial review of counsel’s performance should be highly deferential with substantial latitude given trial counsel in deciding trial strategy.” Lakes v. State, 266 Ga. 389 (2) (467 SE2d 566) (1996). Here, trial counsel appeared at the hearing on the motion for new trial and testified as to his own effectiveness. After hearing from trial counsel, the trial court, who presided at Love’s trial and witnessed trial counsel’s performance, found no basis for holding that Love had been denied effective assistance. Having reviewed the transcript of the hearing on the motion for new trial, we conclude that Love failed to meet his burden of showing any deficiency in his trial counsel’s performance which prejudiced the defense. See Lakes v. State, supra at 389 (2).

Judgments affirmed.

All the Justices concur.
1

The crimes were committed on April 21, 1994. The grand jury indicted Love for those crimes in the July 1994 Term of the Superior Court of DeKalb County. The jury returned its guilty verdicts on April 28, 1995 and, on that same day, the trial court entered its judgments of conviction and sentences. Love filed his motion for new trial on May 9, 1995 and the trial court denied that motion on March 24, 1997. Love filed his notice of appeal on April 2, 1997 and the case was docketed in this Court on April 8, 1997. Oral argument was heard on June 16, 1997.