Mullins v. State, 496 S.E.2d 252 (Ga. 1998). · Go Syfert
Mullins v. State, 496 S.E.2d 252 (Ga. 1998). Cases Citing This Book View Copy Cite
“the test of admissibility of evidence of other criminal acts by the defendant is not the number of similarities between the two incidents”
165 citation events (121 in the last 25 years) across 2 distinct courts.
Strongest positive: Celestin v. State (gactapp, 2009-02-18)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (quoted) Celestin v. State (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2009 · signal: compare · quote attribution · 1 verbatim quote · confidence low
the test of admissibility of evidence of other criminal acts by the defendant is not the number of similarities between the two incidents
discussed Cited as authority (rule) Fleming v. State
Ga. · 2019 · confidence medium
While the prosecutor improperly extended closing argument into matters not in evidence when she played a portion of Tupac Shakur’s song for the jury, see Walker v. State, 281 Ga. 521 (5) ( 640 SE2d 274 ) (2007), defense counsel’s objection to the argument was sustained, and “[w]here the objection to the prejudicial matter is sustained . . . the court has no duty to rebuke counsel or give curative instructions unless specifically requested by the defendant.” (Citation omitted.) Mullins v. State, 269 Ga. 157, 158 ( 496 SE2d 252 ) (1998).
discussed Cited as authority (rule) Peoples v. State (2×)
Ga. · 2014 · confidence medium
Mullins v. State, 269 Ga. 157, 158 ( 496 SE2d 252 ) (1998) (citation omitted). “ ‘[P]roof of a distinct, independent, and separate offense’ ” is admissible if there is “ ‘some logical connection’ ” between the separate offense and the crimes charged “ ‘from which it can be said that proof of the one tends to establish the other.’ ” Williams v. State, 261 Ga. 640, 641-642 ( 409 SE2d 649 ) (1991) (citation omitted).
cited Cited as authority (rule) Irving v. State
Ga. Ct. App. · 2013 · confidence medium
(Citation omitted.) Mullins v. State, 269 Ga. 157, 158 (3) ( 496 SE2d 252 ) (1998).
discussed Cited as authority (rule) Jovanda N. Irving v. State
Ga. Ct. App. · 2013 · confidence medium
OCGA § 24-3-1618 provides that [a] statement made by a child under the age of 14 years describing any act of sexual contact or physical abuse performed with or on the child 16 (Citation omitted.) Mullins v. State, 269 Ga. 157, 158 (3) ( 496 SE2d 252 ) (1998). 17 Id. 18 This Code section, which was in effect at the time of Irving’s trial, has been repealed by Laws 2011, Act 52, § 2, effective January 1, 2013. 12 by another or performed with or on another in the presence of the child is admissible in evidence by the testimony of the person or persons to whom made if the child is available to…
discussed Cited as authority (rule) Guy Dunham v. State
Ga. Ct. App. · 2012 · confidence medium
See, e.g., Ledford v. State, 289 Ga. 70 , 83- 84 (12) (a) ( 709 SE2d 239 ) (2011) (evidence of 18-year-old rape conviction admissible in murder trial); Mullins v. State, 269 Ga. 157, 158 (2) ( 496 SE2d 252 ) (1998) (17-year-old voluntary manslaughter conviction admissible to show course of 7 conduct and bent of mind in malice murder and armed robbery trial); Moore v. State, 288 Ga. 187, 191 (3) ( 702 SE2d 176 ) (2010) (shooting incident 13 years earlier admissible in malice murder trial to show “inclination toward unprovoked gun violence”). 2.
discussed Cited as authority (rule) Dunham v. State
Ga. Ct. App. · 2012 · confidence medium
See, e.g., Ledford v. State, 289 Ga. 70, 83-84 (12) (a) ( 709 SE2d 239 ) (2011) (evidence of 18-year-old rape conviction admissible in murder trial); Mullins v. State, 269 Ga. 157, 158 (2) ( 496 SE2d 252 ) (1998) (17-year-old voluntary manslaughter conviction admissible to show course of conduct and bent of mind in malice murder and armed robbery trial); Moore v. State, 288 Ga. 187, 191 (3) ( 702 SE2d 176 ) (2010) (shooting incident 13 years earlier admissible in malice murder trial to show “inclination toward unprovoked gun violence”). 2.
discussed Cited as authority (rule) McNaughton v. State
Ga. · 2012 · confidence medium
Although in such cases the passage of time is “one of the more important factors to weigh in considering the admissibility of the evidence in question, it is not wholly determinative.” (Citation omitted.) Mullins v. State, 269 Ga. 157, 158 (2) ( 496 SE2d 252 ) (1998).
discussed Cited as authority (rule) Callaham v. State
Ga. Ct. App. · 2010 · confidence medium
J., and Phipps, P. J., concur. 1 Craft v. State, 274 Ga. App. 410, 411 (1) ( 618 SE2d 104 ) (2005). 2 Id. at 412 (1). 3 John v. State, 282 Ga. 792, 794 (3) ( 653 SE2d 435 ) (2007). 4 Craft, supra. 5 Chumley v. State, 282 Ga. 855, 858 (2) ( 655 SE2d 813 ) (2008). 6 Patel v. State, 282 Ga. 412, 414-415 (2) ( 651 SE2d 55 ) (2007). 7 Id. at 415 (2). 8 Chumley, supra; Patel, supra at 414 (2). 9 (Citations and punctuation omitted.) Chumley, supra. 10 (Citations and punctuation omitted.) Kohler v. State, 300 Ga. App. 692, 698 (4) ( 686 SE2d 328 ) (2009). 11 (Citation and punctuation omitted.) Sauerwe…
discussed Cited as authority (rule) Pareja v. State
Ga. · 2009 · confidence medium
Nonetheless, where similar transactions are particularly remote because they were committed decades in the past, “the passage of time is one of the more important factors to weigh in considering the admissibility of the evidence in question, [although] it is not wholly determinative.” (Citation omitted; emphasis supplied.) Mullins v. State, 269 Ga. 157, 158 (2) ( 496 SE2d 252 ) (1998).
discussed Cited as authority (rule) Henderson v. State (2×)
Ga. Ct. App. · 2009 · confidence medium
Moreover, the similar transaction was not rendered inadmissible because it occurred ten years prior to the burglaries in this case. “[W]hile the passage of time is one of the more important factors to weigh in considering the admissibility of the evidence in question, it is not wholly determinative.” Mullins v. State, 269 Ga. 157, 158 (2) ( 496 SE2d 252 ) (1998).
discussed Cited as authority (rule) Pareja v. State
Ga. Ct. App. · 2009 · confidence medium
Boileau v. State, 285 Ga. App. 221, 224 (2) ( 645 SE2d 577 ) (2007). 9 Parker v. State, 283 Ga. App. 714, 721 (3) ( 642 SE2d 111 ) (2007). 10 See Williams v. State, 284 Ga. App. 255, 258 (2) ( 643 SE2d 749 ) (2007). 11 (Punctuation omitted.) Id. at 258 (2). 12 (Citation omitted.) Mullins v. State, 269 Ga. 157, 158 (2) ( 496 SE2d 252 ) (1998). 13 See Gilstrap v. State, 261 Ga. 798, 799 (1) (b) ( 410 SE2d 423 ) (1991). 14 (Citations and punctuation omitted.) Hinton v. State, 280 Ga. 811, 817 (6) ( 631 SE2d 365 ) (2006) (similar transaction evidence that occurred 17 years prior to charged crime w…
discussed Cited as authority (rule) Curry v. State
Ga. · 2008 · confidence medium
Id. at 610 . 7 Flanders v. State, 279 Ga. 35, 40 ( 609 SE2d 346 ) (2005); Fulton v. State, 278 Ga. 58, 61 ( 597 SE2d 396 ) (2004). 8 Dickens v. State, 280 Ga. 320, 324 ( 627 SE2d 587 ) (2006) (citations omitted). 9 Mullins v. State, 269 Ga. 157, 159 ( 496 SE2d 252 ) (1998). 10 OCGA § 17-8-57. 11 See Dickens, 280 Ga. at 324 ; Mullins, 269 Ga. at 159 .
discussed Cited as authority (rule) Wright v. State (2×)
Ga. Ct. App. · 2007 · confidence medium
As noted by our Supreme Court, “[i]t has long been part of Georgia jurisprudence that a trial judge may propound questions to any witness for the purpose of developing fully the truth of the case, and the extent of such an examination is a matter for the trial court’s discretion.” 8 But a trial court may not question a witness in a manner that “expresses or intimates an opinion on the facts of the case or as to what has or has not been proved.” 9 And the court cannot argue with a witness. 10 I agree with the majority that by eliciting testimony regarding Wright’s post-arrest silenc…
discussed Cited as authority (rule) Calloway v. State
Ga. Ct. App. · 2007 · confidence medium
The Supreme Court of Georgia has held that “while the passage of time is one of the more important factors to weigh in considering the admissibility of the evidence in question, it is not wholly determinative.” (Citation omitted.) Mullins v. State, 269 Ga. 157, 158 (2) ( 496 SE2d 252 ) (1998).
discussed Cited as authority (rule) Evans v. State
Ga. Ct. App. · 2007 · confidence medium
Moore, Solicitor-General, for appellee. 1 OCGA§ 40-6-391 (a) (1). 2 OCGA§ 16-10-26. 3 (Citation and punctuation omitted.) Hunt v. State, 261 Ga. App. 417 (1) ( 582 SE2d 493 ) (2003). 4 Lanwehr v. State, 265 Ga. App. 359, 360 (1) ( 593 SE2d 897 ) (2004); Hunt, supra at 417-418 (1). 5 Lanwehr, supra; Hunt, supra. 6 See Raby v. State, 274 Ga. App. 665, 666-667 (2) ( 618 SE2d 704 ) (2005). 7 See Moore v. State, 281 Ga. App. 141, 144-145 (3) ( 635 SE2d 408 ) (2006). 8 (Citation and punctuation omitted.) Mullins v. State, 269 Ga. 157, 158 (2) ( 496 SE2d 252 ) (1998). 9 (Citations and punctuation o…
discussed Cited as authority (rule) Sauerwein v. State
Ga. · 2006 · confidence medium
The case was docketed in this Court on September 14, 2005, and submitted for decision without oral argument on November 8, 2005. 2 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 Mullins v. State, 269 Ga. 157, 158-159 ( 496 SE2d 252 ) (1998). 4 OCGA§ 17-8-57 (“[s]hould any judge violate this Code section, the violation shall he held by the Supreme Court or Court of Appeals to he error and the decision in the case reversed, and a new trial granted.”). 5 Paul v. State, 272 Ga. 845, 848 ( 537 SE2d 58 ) (2000); Crawford v. State, 139 Ga. App. 347, 349 ( 228 SE2d 371 ) (…
discussed Cited as authority (rule) In the Interest of J. D. (2×)
Ga. Ct. App. · 2005 · confidence medium
(Citation omitted.) Mullins v. State, 269 Ga. 157, 159-160 (3) ( 496 SE2d 252 ) (1998).
discussed Cited as authority (rule) Milner v. State
Ga. Ct. App. · 2004 · confidence medium
Blackburn, P. J., and Barnes, J., concur. 1 (Punctuation omitted.) Paul v. State, 272 Ga. 845, 849 (3) ( 537 SE2d 58 ) (2000), citing Almond v. State, 180 Ga. App. 475, 480 ( 349 SE2d 482 ) (1986). 2 Supra. 3 Id. at 848-849 (3). 4 (Punctuation omitted.) Id. at 849 (3), citing Almond v. State, supra. 5 (Citations omitted.) Eagle v. State, 264 Ga. 1, 3 (3) ( 440 SE2d 2 ) (1994). 6 13 Ga. App. 710 (1) ( 79 SE 861 ) (1913). 7 (Citations omitted.) Id. 8 Taylor v. State, 2 Ga. App. 723, 729 ( 59 SE 12 ) (1907). 9 See Paul, supra at 848 (2). 10 (Punctuation omitted.) Id. at 849 (3), citing Almond v. …
discussed Cited as authority (rule) Swanson v. State
Ga. Ct. App. · 2004 · confidence medium
J., and Phipps, J., concur. 1 See Williams v. State, 261 Ga. 640, 642 (2) (b) ( 409 SE2d 649 ) (1991). 2 Mullins v. State, 269 Ga. 157, 158 (2) ( 496 SE2d 252 ) (1998). 3 See Schneider v. State, 267 Ga. App. 508, 511 (2) ( 603 SE2d 663 ) (2004) (14-18 year lapse); McGuire v. State, 266 Ga. App. 673, 677 (2) ( 598 SE2d 55 ) (2004) (21-22 year lapse). 4 See Mullins, supra; Harden v. State, 211 Ga. App. 1 (1) ( 438 SE2d 136 ) (1993). 5 See Weaver v. State, 246 Ga. App. 504, 505 (1) ( 540 SE2d 687 ) (2000).
cited Cited as authority (rule) Collins v. State
Ga. Ct. App. · 2003 · confidence medium
(Citations omitted.) Mullins v. State, 269 Ga. 157, 158-159 (3) ( 496 SE2d 252 ) (1998).
discussed Cited as authority (rule) Whitehead v. State
Ga. Ct. App. · 2002 · confidence medium
Co. v. Crosby, 273 Ga. 454, 456-457 (2) ( 543 SE2d 21 ) (2001). 9 Underwood v. State, 218 Ga. App. 530, 534 (3) ( 462 SE2d 434 ) (1995). 10 See, e.g., Johns v. State, 253 Ga. App. 207, 208 (2) ( 558 SE2d 426 ) (2002) (the question of whether the trial court erred in denying defendant’s motion for mistrial is not preserved ■ for appellate review if defendant fails to renew motion for mistrial following trial court’s curative instructions). 11 Foshee v. State, 256 Ga. 555, 557 (2) ( 350 SE2d 416 ) (1986). 12 Id. 13 See Cobb v. State, 236 Ga. App. 265, 269 (3) (b) ( 511 SE2d 522 ) (1999) (d…
examined Cited as authority (rule) Mika v. State (3×)
Ga. Ct. App. · 2002 · confidence medium
Mullins v. State, 269 Ga. 157, 158 (2) ( 496 SE2d 252 ) (1998).
discussed Cited as authority (rule) Jones v. State
Ga. Ct. App. · 2002 · confidence medium
See Tanner v. State, 243 Ga. App. 640, 642-643 ( 533 SE2d 794 ) (2000) (10-year lapse); Howard v. State, 228 Ga. App. 775 ( 492 SE2d 683 ) (1997) (12-year lapse); Moore v. State, 207 Ga. App. 412, 415-416 (1) (b) ( 427 SE2d 779 ) (1993) (22-year lapse); Mullins v. State, 269 Ga. 157, 158 (2) ( 496 SE2d 252 ) (1998) (17-year lapse).
discussed Cited as authority (rule) Banks v. State
Ga. Ct. App. · 2001 · confidence medium
Mullins v. State, 269 Ga. 157, 158 (2) ( 496 SE2d 252 ) (1998); Braddock v. State, 208 Ga. App. 843, 844 (2) ( 432 SE2d 264 ) (1993). *731 “[T]he lapse of time between the prior occurrences and the offenses charged goes to the weight and credibility of such testimony, not its admissibility.” (Citation and punctuation omitted.) Braddock v. State, 208 Ga. App. at 844 (2).
cited Cited as authority (rule) Gardner v. State
Ga. · 2001 · confidence medium
Mul *810 lins, supra. 2.
discussed Cited as authority (rule) Glaser v. State
Ga. · 2000 · confidence medium
Mullins v. State, 269 Ga. 157, 158 (2) ( 496 SE2d 252 ) (1998). “[T]he independent act does not have to be identical in character to the charged offense if there is a sufficient connection between them.” Smith v. State, 264 Ga. 46, 47 (2) ( 440 SE2d 188 ) (1994). 3.
examined Cited as authority (rule) Slakman v. State (3×)
Ga. · 2000 · confidence medium
Mullins v. State, 269 Ga. 157, 158 ( 496 SE2d 252 ) (1998).
cited Cited as authority (rule) Paul v. State
Ga. Ct. App. · 2000 · confidence medium
Mullins v. State, 269 Ga. 157, 159 (3) ( 496 SE2d 252 ).
cited Cited as authority (rule) Shields v. State
Ga. · 2000 · confidence medium
Mullins v. State, 269 Ga. 157, 159 (3) *35 ( 496 SE2d 252 ) (1998); Eubanks v. State, 240 Ga. 544 (2) ( 242 SE2d 41 ) (1978); OCGA § 17-8-57.
cited Cited as authority (rule) O'HARA v. State
Ga. Ct. App. · 2000 · confidence medium
Mullins v. State, 269 Ga. 157, 159 (3) ( 496 SE2d 252 ) (1998); see Smith v. State, 158 Ga. App. 330, 331 (2) ( 280 SE2d 162 ) (1981).
discussed Cited as authority (rule) Wilcox v. State
Ga. Ct. App. · 1999 · confidence medium
“It has long been part of Georgia jurisprudence that a trial judge may propound questions to any witness for the purpose of developing fully the truth of the case, and the extent of such an examination is a matter for the trial court’s discretion. [Cit.]” Mullins v. State, 269 Ga. 157, 158-159 (3) ( 496 SE2d 252 ) (1998).
cited Cited as authority (rule) Salters v. State
Ga. Ct. App. · 1998 · confidence medium
Mullins v. State, 269 Ga. 157, 158 (2) ( 496 SE2d 252 ).
discussed Cited "see" State v. Hendrick D. Nickerson (2×)
Ga. Ct. App. · 2013 · signal: see · confidence high
See Mullins v. State, 269 Ga. 157, 158-159 (3) ( 496 SE2d 252 ) (1998) (accord).
discussed Cited "see" State v. Nickerson (2×)
Ga. Ct. App. · 2013 · signal: see · confidence high
See Mullins v. State, 269 Ga. 157, 158-159 (3) ( 496 SE2d 252 ) (1998) (accord).
discussed Cited "see" Derrick Wise v. State (2×)
Ga. Ct. App. · 2013 · signal: see · confidence high
See Mullins v. State, 269 Ga. 157, 158 (2) ( 496 SE2d 252 ) 12 (1998) (even 17-year lapse between similar transaction and crime at issue not so great that trial court’s decision to allow similar transaction evidence was clearly erroneous); Lee v. State, 250 Ga. App. 110, 112 (2) ( 550 SE2d 696 ) (2001) (extensive gap between similar transaction and crime at issue goes to weight and credibility and not admissibility). 5.
discussed Cited "see" Wise v. State (2×)
Ga. Ct. App. · 2013 · signal: see · confidence high
See Mullins v. State, 269 Ga. 157, 158 (2) ( 496 SE2d 252 ) (1998) (even 17-year lapse between similar transaction and crime at issue not so great that trial court’s decision to allow similar transaction evidence was clearly erroneous); Lee v. State, 250 Ga. App. 110, 112 (2) ( 550 SE2d 696 ) (2001) (extensive gap between similar transaction and crime at issue goes to weight and credibility and not admissibility). 5.
examined Cited "see" Daniel Kirk Littlejohn v. State (4×)
Ga. Ct. App. · 2013 · signal: see · confidence high
See Mullins v. State, 269 Ga. 157, 158-159 (3) ( 496 SE2d 252 ) (1998).
examined Cited "see" Littlejohn v. State (4×)
Ga. Ct. App. · 2013 · signal: see · confidence high
See Mullins v. State, 269 Ga. 157, 158-159 (3) ( 496 SE2d 252 ) (1998).
discussed Cited "see" Craft v. State (2×)
Ga. Ct. App. · 2011 · signal: see · confidence high
See generally Carthern, supra at 379 (explaining that criminal damage to property in the first degree and criminal damage to property in the second degree are two separate crimes). 27 See Carthern, supra at 381 (evidence that defendant fired gun into inhabited dwelling was sufficient for jury to find that he committed the offense of criminal damage to property in the first degree). 28 Mullins v. State, 269 Ga. 157, 158-159 (3) ( 496 SE2d 252 ) (1998) (citations omitted); see Ashley v. State, 263 Ga. 820, 822 (3) (a) ( 439 SE2d 914 ) (1994) (trial court has right to develop fully the truth of a…
examined Cited "see" Dickens v. State (4×)
Ga. · 2006 · signal: see · confidence high
See Mullins v. State, 269 Ga. 157 (3) ( 496 SE2d 252 ) (1998); Owens v. State, 271 Ga. App. 365 (5) (c) ( 609 SE2d 670 ) (2005); Lockaby v. State, 265 Ga. App. 527 (1) ( 594 SE2d 729 ) (2004).
discussed Cited "see" Johnson v. State (2×)
Ga. Ct. App. · 2005 · signal: see · confidence high
See Mullins v. State, 269 Ga. 157, 158 (2) ( 496 SE2d 252 ) (1998) (17-year lapse between similar transaction and crime at issue not so remote that trial court’s decision to allow similar transaction evidence was clearly erroneous); Lee v. State, 250 Ga. App. 110, 112 (2) ( 550 SE2d 696 ) (2001) (17-year gap goes to weight and credibility and not admissibility).
discussed Cited "see" Zellars v. State (2×)
Ga. · 2004 · signal: accord · confidence high
Accord Cochran v. State, 276 Ga. 283, 286 ( 576 SE2d 867 ) (2003). 6 Mullins v. State, 269 Ga. 157, 158 ( 496 SE2d 252 ) (1998). 7 Murphy v. State, 270 Ga. 72, 75 ( 508 SE2d 399 ) (1998). 8 Williams v. State, 277 Ga. 853, 857 ( 596 SE2d 597 ) (2004). 9 Benham v. State, 277 Ga. 516, 518 ( 591 SE2d 824 ) (2004). 10 OCGA§ 17-3-1 (a). 11 State v. Jones, 274 Ga. 287, 287-288 ( 553 SE2d 612 ) (2001). 12 See Corza v. State, 273 Ga. 164, 166 ( 539 SE2d 149 ) (2000) (“The State is entitled to present evidence of the entire res gestae of a crime . . . even if the defendant’s character is incidental…
discussed Cited "see" Lance v. State (2×)
Ga. · 2002 · signal: see · confidence high
See Mullins v. State, 269 Ga. 157 (2) ( 496 SE2d 252 ) (1998). 16.
discussed Cited "see" Jackson v. State (2×)
Ga. · 2000 · signal: see · confidence high
See Mullins v. State, 269 Ga. 157, 158 ( 496 SE2d 252 ) (1998). 3.
discussed Cited "see, e.g." Brown v. State (2×)
Ga. · 2011 · signal: see, e.g. · confidence medium
See, e.g., Mullins v. State, 269 Ga. 157, 157-158 ( 496 SE2d 252 ) (1998); Brown v. State, 260 Ga. 153, 154-155 ( 391 SE2d 108 ) (1990).
discussed Cited "see, e.g." Henderson v. State (2×)
Ga. Ct. App. · 2010 · signal: see, e.g. · confidence medium
See, e.g., Mullins v. State, 269 Ga. 157, 158 (2) ( 496 SE2d 252 ) (1998) (17 years); Howard v. State, 228 Ga. App. 775, 776 (1) ( 492 SE2d 683 ) (1997) (12 years); Moore v. State, 207 Ga. App. 412, 416 (1) (b) ( 427 SE2d 779 ) (1993) (22 years). 9 Henderson testified that he was released from prison in 1997. 10 (Citation omitted.) Simmons v. State, 282 Ga. 183, 185 (4) ( 646 SE2d 55 ) (2007). 11 (Citation and punctuation omitted.) Overton v. State, 295 Ga. App. 223, 235 (3) ( 671 SE2d 507 ) (2008).
examined Cited "see, e.g." In Re JD (3×)
Ga. Ct. App. · 2005 · signal: compare · confidence medium
Compare Paul v. State, 272 Ga. 845, 849 (3), 537 S.E.2d 58 (2000) ("plain error" doctrine applies in criminal cases to allegations of improper judicial commentary under OCGA § 17-8-57). [7] (Citation omitted.) Mullins v. State, 269 Ga. 157, 159-160 (3), 496 S.E.2d 252 (1998). [8] (Citation omitted; emphasis supplied.) Grayer v. State, 181 Ga.App. 845, 846 (3), 354 S.E.2d 191 (1987).
discussed Cited "see, e.g." Willett v. State (2×)
Ga. Ct. App. · 1999 · signal: see also · confidence medium
See Childs v. State, 202 Ga. App. 488, 489 (1) ( 414 SE2d 714 ); see also Mullins v. State, 269 Ga. 157, 158 (2) ( 496 SE2d 252 ); Howard v. State, 228 Ga. App. 775, 776 ( 492 SE2d 683 ).
discussed Cited "see, e.g." Goodroe v. State (2×)
Ga. Ct. App. · 1999 · signal: see, e.g. · confidence medium
See, e.g., Mullins v. State, 269 Ga. 157, 158 (2) ( 496 SE2d 252 ) (1998) (17 years); Howard v. State, 228 Ga. App. 775, 776 ( 492 SE2d 683 ) (1997) (12 years); Moore v. State, 207 Ga. App. 412, 415-416 (1) (b) ( 427 SE2d 779 ) (1993) (22 years).
Mullins
v.
the State
S98A0010.
Supreme Court of Georgia.
Mar 2, 1998.
496 S.E.2d 252
Richard Thurman, for appellant., Roger G. Queen, District Attorney, William B. Britt, Assistant District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Allison B. Goldberg, Assistant Attorney General, for appellee.
Benham.
Cited by 72 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 66%
Citer courts: Court of Appeals of Georgia (1)
Benham, Chief Justice.

Thomas Eugene Welch’s body was found along Price Creek Road in Pickens County, Georgia, on April 7, 1996. Nothing was found in the pockets of the 67-year-old victim’s clothing, and no jewelry was found on the body. He had last been seen alive on April 5, in the company of appellant Joe Lee Mullins, who had placed the intoxicated Welch in the backseat of Mullins’ car. Witnesses reported that the victim, described as a “street person” with an alcohol problem, owned a watch and knife and had cashed a government benefits check shortly before he was last seen. An autopsy revealed that he had been stabbed multiple times on his neck and head and had bled to death from his wounds. [1] Investigators found 14 cigarette filters “pinched off” from the tobacco-laden portion of the cigarettes at the site where the victim’s body was discovered. A search of appellant’s car revealed 15 cigarette filters consistent in appearance with those found at the crime scene, as well as local newspapers reporting the victim’s death. Ten more “pinched” cigarette butts were found at appellant’s home, and a witness testified that appellant smoked cigarettes after pinching off the filters. A pocketknife identified as looking like the one which belonged to the victim was found in appellant’s possession. A GBI microanalyst testified that an unusual impression on the victim’s left wrist could have been made by a watch recovered from appellant’s former wife who testified that appellant had given her the watch shortly after the victim was last seen alive. The State also presented extrinsic crime evidence, consisting of appellant’s 1980 conviction for voluntary manslaughter in Gilmer County in connection with the death of an “alcoholic street person” whose body had been found off Price Creek Road just north of the Pickens/Gilmer county line.

1. The evidence was sufficient to authorize a rational trier of fact to find appellant guilty of malice murder and armed robbery beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). A conviction based on circumstantial evidence is authorized when every reasonable inference and hypothesis except that of guilt is excluded by the evidence. Brown v. State, 260 Ga. 153[*158] (1) (391 SE2d 108) (1990). When the evidence presented by the State is viewed in the light most favorable to the jury’s verdict, the jury could have found that every reasonable hypothesis except the guilt of appellant was excluded. Id.

2. Appellant next contends that the trial court erred when it admitted evidence of appellant’s Gilmer County voluntary manslaughter conviction. Appellant maintains that the extrinsic crime was not similar to the crime for which appellant was being tried, and that the 17-year lapse in time between the Gilmer County incident and the death of the Pickens County victim made the extrinsic crime too remote in time to be admissible pursuant to Rule 31.3 of the Uniform Superior Court Rules. See also Williams v. State, 261 Ga. 640 (409 SE2d 649) (1991). The trial court ruled the Gilmer County conviction admissible after finding it “substantially relevant for the purpose of showing the course of conduct and bent of mind of the Defendant.”

“The test of admissibility of evidence of other criminal acts by the defendant is not the number of similarities between the two incidents. Rather, such evidence ‘may be admitted if it is substantially relevant for some purpose other than to show a probability that the defendant committed the crime on trial because he is a man of criminal character. . . .’ [Cit.]” Maggard v. State, 259 Ga. 291 (2) (380 SE2d 259) (1989). After reviewing the record, we cannot say that the trial court was clearly erroneous when it ruled that the Gilmer County crime was sufficiently similar to the crime being tried to authorize the admission of evidence of the former in the trial of the latter. Stephens v. State, 261 Ga. 467, 469, n. 2 (405 SE2d 483) (1991). As for the lapse in time between the extrinsic crime and the crime for which appellant was being tried, while the passage of time is one of the more important factors to weigh in considering the admissibility of the evidence in question, it is not wholly determinative. Campbell v. State, 234 Ga. 130, 132 (214 SE2d 656) (1975). See also Gilstrap v. State, 261 Ga. 798, 800 (410 SE2d 423) (1991) (Benham, J., concurring). The seventeen-year lapse in this case is mitigated somewhat by the fact that appellant was incarcerated for eight of those years. Harden v. State, 211 Ga. App. 1 (1) (438 SE2d 136) (1993).

3. Several times during the trial, the trial court interposed questions to the testifying witness. Appellant argues that the trial court’s inquiries amounted to an abuse of discretion and violated the statutory prohibition, embodied in OCGA § 17-8-57, against the trial court’s expression or intimation of its “opinion as to what has or has not been proved or as to the guilt of the accused.” [2] It has long been[*159] part of Georgia jurisprudence that a trial judge may propound questions to any witness for the purpose of developing fully the truth of the case, and the extent of such an examination is a matter for the trial court’s discretion. Marcus v. State, 149 Ga. 209 (6) (99 SE 614) (1919). The trial court’s examination of a witness called by either side is not cause for a new trial unless the court, during its examination of the witness, expresses or intimates an opinion on the facts of the case or as to what has or has not been proved, or the questioning becomes argumentative. Wilson v. State, 229 Ga. 224 (2) (190 SE2d 78) (1972). After examining each of the 42 exchanges cited by appellant as an instance when the trial judge allegedly improperly questioned a witness, we find no expression or intimation of opinion by the trial court and conclude that appellant’s enumeration of error is without merit.

Decided March 2, 1998. Richard Thurman, for appellant. Roger G. Queen, District Attorney, William B. Britt, Assistant District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Allison B. Goldberg, Assistant Attorney General, for appellee.

4. Finally, appellant asserts that the assistant district attorney should have been rebuked and the jury given a curative instruction after the ADA made an improper statement during his examination of appellant’s former wife. [3] See OCGA § 17-8-75. “Where the objection to the prejudicial matter is sustained,. . . the court has no duty to rebuke counsel or give curative instructions unless specifically requested by the defendant. [Cits.]” Woodham v. State, 263 Ga. 580 (1) (a) (439 SE2d 471) (1993). In the absence of a defense motion for the trial court to take further action, the trial court did not err in failing to rebuke counsel or give curative instructions. Id.

Judgment affirmed.

All the Justices concur.
1

The crime occurred in early April 1996, the victim having last been seen alive on April 5 and his body found on April 7. Appellant was arrested on April 16, and the grand jury-returned an indictment charging him with malice murder, felony murder, and armed robbery on June 10. Appellant’s trial commenced on September 23, 1996, and concluded with the jury’s return of guilty verdicts on September 27. Appellant was sentenced to life imprisonment on October 1, and his motion for new trial, filed on October 9, was denied on February 20, 1997. The notice of appeal was filed February 21, and the case was docketed in this Court on September 17,1997. It was submitted for decision on briefs.

2

Appellant also contends the trial court’s questioning violated OCGA § 9-10-7, the civil[*159] procedure section counterpart to OCGA § 17-8-57. Since the error alleged by appellant to have occurred took place in a criminal proceeding, OCGA § 9-10-7 is not applicable.

3

The prosecuting attorney elicited from the woman that the marriage lasted eight years. The year the marriage ended coincided with the time appellant was incarcerated for the Gilmer County homicide mentioned in Division 2, supra, a fact not then known to the jury. When the ADA asked the witness if there was a reason the marriage terminated, he was told by the trial court to “get to it some other way.” He then asked the woman, “When did you next see him after that whole lot of time I’m not allowed to talk about passed away?” In response to appellant’s objection, the trial court told the ADA his comment was improper.