Sapp v. State, 520 S.E.2d 462 (Ga. 1999). · Go Syfert
Sapp v. State, 520 S.E.2d 462 (Ga. 1999). Cases Citing This Book View Copy Cite
70 citation events (67 in the last 25 years) across 2 distinct courts.
Strongest positive: Chapman v. State (ga, 2019-08-05)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 17 distinct citers.
discussed Cited as authority (rule) Chapman v. State
Ga. · 2019 · confidence medium
Appellant argues that the trial court erred in failing to inform the jury sua sponte that, in Georgia, “[g]ood character is a substantive fact at trial, and can by itself create a reasonable doubt as to a defendant’s guilt and lead to an acquittal.” Sapp v. State, 271 Ga. 446, 449 (3) ( 520 SE2d 462 ) (1999).
examined Cited as authority (rule) State v. Hobbs (8×) also: Cited "see, e.g."
Ga. · 2010 · confidence medium
“Good character is a substantive fact at trial, and can by itself create a reasonable doubt as to a defendant’s guilt and lead to an acquittal.” Sapp v. State, 271 Ga. 446, 449 (3) ( 520 SE2d 462 ) (1990) (citing to Duvall v. State, 259 Ga. 801, 802 ( 387 SE2d 880 ) (1999)).
discussed Cited as authority (rule) Conn v. State
Ga. Ct. App. · 2009 · confidence medium
See Court of Appeals Rule 33 (a). 4 270 Ga. App. 250 ( 605 SE2d 907 ) (2004). 5 Id. at 252-253 (4). 6 Cf. Kilgore v. State, 291 Ga. App. 892, 895-897 (1) ( 663 SE2d 302 ) (2008) (witness was deemed unavailable when she refused to answer counsel’s questions on cross-examination); Hardeman v. State, 277 Ga. App. 180, 183-184 (2) (a) ( 626 SE2d 138 ) (2006) (witness was deemed unavailable when he pled the Fifth Amendment at trial). 7 Collins v. State, 273 Ga. 93, 94 (2) ( 538 SE2d 47 ) (2000), citing Williams v. State, 261 Ga. 640, 642 (2) (b) ( 409 SE2d 649 ) (1991). 8 Payne v. State, 285 Ga. …
discussed Cited as authority (rule) Adams v. State (2×)
Ga. Ct. App. · 2007 · confidence medium
Sapp v. State, 271 Ga. 446, 448 (2) ( 520 SE2d 462 ) (1999).
discussed Cited as authority (rule) Wakefield v. State
Ga. Ct. App. · 2003 · confidence medium
Under the circumstances in this case, “[bjecause [Allman’s] testimony was fundamentally critical to the State’s case against appellant, we cannot say there is no reasonable probability that the jury’s verdict would have been different absent the trial court’s erroneous failure to instruct on witness impeachment.” Sapp, 271 Ga. at 449 (2). 3.
discussed Cited as authority (rule) Barge v. State
Ga. Ct. App. · 2002 · confidence medium
Anderson v. State, 237 Ga. App. 382, 383-384 (2) ( 515 SE2d 195 ) (1999). 1 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 2 Robinson v. State, 246 Ga. App. 576 (1) ( 541 SE2d 660 ) (2000). 3 The record actually shows that it was a simple assault charge rather than a battery charge that was not included in the certified copies of sentences admitted into evidence and acknowledged by Sidney Barge in his testimony. 4 Polk v. State, 202 Ga. App. 738, 739 (2) ( 415 SE2d 506 ) (1992). 5 Sapp v. State, 271 Ga. 446, 448 (2) ( 520 SE2d 462 ) (1999). 6 Caldwell v. State, 247 Ga. Ap…
discussed Cited as authority (rule) Castleberry v. State (2×)
Ga. · 2001 · confidence medium
Contrary to what Castleberry now urges, at trial, Castleberry's apparent reason for questioning Butler about his plea to the murder was to impeach Butler. [2] "In order to discredit a witness on the basis of a conviction for a crime of moral turpitude, a certified copy of the record of conviction must be introduced into evidence; absent a waiver of the `best evidence rule,' no other showing will suffice." Sapp v. State, 271 Ga. 446, 448 (2), 520 S.E.2d 462 (1999).
discussed Cited as authority (rule) Mullins v. Thompson
Ga. · 2001 · confidence medium
In order to discredit a witness in this manner, “a certified copy of the record of conviction must be introduced into evidence; absent a waiver of the ‘best evidence rule,’ no other showing will suffice.” Sapp v. State, 271 Ga. 446, 448 ( 520 SE2d 462 ) (1999).
discussed Cited as authority (rule) Carter v. State
Ga. · 2000 · confidence medium
Carter filed a notice of appeal on July 15,1999, which was docketed in this Court on July 29,1999 and submitted for decision without oral argument on September 20, 1999. 2 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 Harwell v. State, 270 Ga. 765, 770 ( 512 SE2d 892 ) (1999); McIntyre v. State, 266 Ga. 7, 10 ( 463 SE2d 476 ) (1995). 4 Compare Sapp v. State, 271 Ga. 446, 448 ( 520 SE2d 482 ) (1999) (error not harmless where witness’s testimony was critical). 5 Carter contends that the trial court erred in not charging on voluntary manslaughter, in its charges and rec…
discussed Cited "see" Porras v. State (2×)
Ga. · 2014 · signal: see · confidence high
See Sapp v. State, 271 Ga. 446, 448 (2) ( 520 SE2d 462 ) (1999).
discussed Cited "see" Porras v. State (2×)
Ga. · 2014 · signal: see · confidence high
See Sapp v. State, 271 Ga. 446, 448 (2) ( 520 SE2d 462 ) (1999).
examined Cited "see" Simonette v. State (3×)
Ga. Ct. App. · 2003 · signal: see · confidence high
See Sapp v. State, 271 Ga. 446, 448 (2) ( 520 SE2d 462 ) (1999) (theft is a crime of moral turpitude); see also Mika v. State, 256 Ga. App. 546, 548 (4) ( 568 SE2d 818 ) (2002) (accomplice’s testimony that he had been convicted of crime of moral turpitude for his involvement in incident at issue in case provided evidentiary basis for impeachment charge).
discussed Cited "see" Hinely v. State (2×)
Ga. · 2002 · signal: see · confidence high
See Sapp v. State, 271 Ga. 446, 448 (2) ( 520 SE2d 462 ) (1999); Hall v. State, 180 Ga. App. 210, 213 ( 348 SE2d 736 ) (1986).
discussed Cited "see" Pope v. Fields (2×)
Ga. · 2000 · signal: see · confidence high
Lake Rumsey, Agnor’s Georgia Evidence §§ 11-27 to 11-31 (3d ed. 1993). 2 Prater v. State, 148 Ga. App. 831, 836 ( 253 SE2d 223 ) (1979); see Barnes v. State, 256 Ga. 370 ( 349 SE2d 387 ) (1986). 3 Prater, 148 Ga. App. at 836-837 . 4 Sapp v. State, 271 Ga. 446, 448 ( 520 SE2d 462 ) (1999). 5 In the Matter of Brooks, 263 Ga. 530, 532 ( 436 SE2d 493 ) (1993). 6 See OCGA § 29-5-7 (f). 7 Wood v. Lane, 102 Ga. 199, 201 ( 29 SE 180 ) (1897). 8 See Mayor &c. of Savannah v. Palmerio, 242 Ga. 419 ( 249 SE2d 224 ) (1978).
discussed Cited "see, e.g." Arnett v. State (2×)
Ga. Ct. App. · 2011 · signal: compare · confidence medium
Compare Sapp v. State, 271 Ga. 446, 448-449 (2) ( 520 SE2d 462 ) (1999) (trial court’s error in failing to give a charge on impeachment by proof of conviction of a crime was not harmless because the witness’s testimony was critical). 21 Simonette v. State, 262 Ga. App. 117, 119 ( 584 SE2d 623 ) (2003).
discussed Cited "see, e.g." Holloman v. State (2×)
Ga. · 2004 · signal: compare · confidence low
Compare Carter v. State, 272 Ga. 31 (2), 526 S.E.2d 855 (2000) with Sapp v. State, 271 Ga. 446, 448 , 520 S.E.2d 462 (1999).
discussed Cited "see, e.g." Hollomon v. State (2×)
Ga. · 2004 · signal: compare · confidence medium
Compare Carter v. State, 272 Ga. 31 (2) ( 526 SE2d 855 ) (2000) with Sapp v. State, 271 Ga. 446, 448 ( 520 SE2d 462 ) (1999).
Sapp
v.
the State
S99A0962.
Supreme Court of Georgia.
Sep 13, 1999.
520 S.E.2d 462
David E. Perry, for appellant., Kenneth B. Hodges III, District Attorney, Gregory W. Edwards, Assistant District Attorney, Thurhert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Adam M. Hames, Assistant Attorney General, for appellee.
Sears.
Cited by 23 opinions  |  Published
Sears, Justice.

Appellant Adrian Charles Sapp appeals his convictions and life sentence for felony murder and related crimes. [1] Having reviewed the record, we conclude that the evidence was sufficient to warrant the jury’s guilty verdicts. However, we also conclude that a charging error made by the trial court concerning the impeachment of witnesses was harmful, and therefore requires that we reverse appellant’s convictions.

The evidence introduced at trial authorized the jury to find that on the morning of March 3, 1997, appellant forced his way into the Albany apartment of Charles McClendon and Dennis Bridges. McClendon, appellant’s former job supervisor, had terminated appellant’s employment several weeks earlier. Appellant held the two men at gunpoint, and after striking McClendon several times, demanded that he write out several checks in appellant’s name. Once McClendon had done that, appellant began to beat and choke him. Bridges[*447] ran for help, but by the time police officers arrived, McClendon’s throat had been slashed, causing him to bleed to death.

Later that same day, appellant tried unsuccessfully to cash McClendon’s checks at two different banks, and at least one of the bank managers became suspicious because the signature on the check did not match McClendon’s signature on file. Appellant attempted to explain to the bank manager that McClendon’s checks were for unemployment compensation, to no avail. Appellant then went to his girlfriend’s apartment, and when she confronted him with what she had heard about the murder, he told her that he “hadn’t meant to do it, but things had gotten out of hand.”

Appellant was arrested ten days later. During the course of the investigation, police learned that after appellant had been fired from his job, he had driven a former co-worker past McClendon’s home. Appellant told the co-worker that he intended to surprise McClendon one morning as he prepared for work, tie him up, put him in the back of a truck, and steal his car and sell it.

At trial, one of the State’s primary witnesses was Bridges, who had known appellant before the attack occurred, and who positively identified appellant as the assailant. The jury rejected appellant’s theory that McClendon had voluntarily given him the checks after agreeing to lend him money, and that it was Bridges who had killed McClendon sometime after appellant left their apartment.

1. The evidence introduced at trial, construed most favorably to the verdict, was sufficient to enable a rational trier of fact to find appellant guilty beyond a reasonable doubt of the crimes of which he was convicted. [2]

Specifically, contrary to appellant’s contention, the evidence was sufficient to warrant his convictions for forgery. One commits forgery “when with intent to defraud he knowingly makes ... or possesses any writing ... in such a manner that the writing as made or altered purports to have been made ... by authority of one who did not give such authority and utters or delivers such writing.” [3] There was evidence showing that McClendon wrote the checks while being held at gunpoint after being beaten by appellant. Clearly, under these circumstances, McClendon did not authorize his signature on the checks, and when appellant subsequently tried to cash the checks at area banks, he intentionally purported that they were made under the “authority of one who did not give such authority,” [4] thereby committing forgery.

2. Appellant contends that the trial court erred in failing to give[*448] his requested charge on witness impeachment. As noted above, the State’s primary witness was Bridges, who claimed to have witnessed the attack and who identified appellant as the assailant. Appellant contended, however, that the victim had agreed to lend him money and had voluntarily written the checks to him, and that Bridges had then killed the victim sometime after appellant left their apartment. In order to impeach Bridges’s testimony, and to bolster appellant’s theory of the crime, the defense introduced into evidence certified copies of Bridges’s prior convictions for theft by taking, illegal firearm possession, shoplifting, making terroristic threats, and giving a false name to police officers. Despite the introduction of this evidence, the trial court refused to instruct the jury that a witness’s credibility may be impeached by evidence that he has been convicted of a crime involving moral turpitude.

“To impeach a witness is to prove the witness is unworthy of belief. A witness may be impeached by . . . proof of general bad character, [or by] proof that the witness has been convicted of a crime involving moral turpitude.” [5] In order to discredit a witness on the basis of a conviction for a crime of moral turpitude, a certified copy of the record of conviction must be introduced into evidence; absent a waiver of the “best evidence rule,” no other showing will suffice. [6] When a witness is impeached by proper evidence of a conviction involving moral turpitude, a trial court errs when it refuses to give a requested charge on impeachment. [7] Theft, shoplifting, the making of terroristic threats, and the giving of a false name to a police officer all are crimes of moral turpitude. At trial, appellant introduced certified copies of Bridges’s convictions for those crimes. Therefore, the trial court plainly erred by refusing to give appellant’s requested jury instruction on witness impeachment.

We cannot say that this error was harmless. Bridges was the State’s main witness, the only witness who could place appellant in the apartment at the time the victim was murdered, and the only witness who claimed to have watched the attack as it occurred. All other evidence against appellant was circumstantial. The jury could have convicted appellant solely on the basis of Bridges’s testimony. Moreover, appellant claimed that it was Bridges who actually committed the murder, a claim that Bridges strongly denied from the witness stand. Hence, the jury’s assessment of Bridges’s credibility was crucial to its adjudication of appellant’s guilt, and it should have[*449] been informed that in making that assessment, it could consider Bridges’s prior convictions. Because Bridges’s testimony was fundamentally critical to the State’s case against appellant, we cannot say there is no reasonable probability that the jury’s verdict would have been different absent the trial court’s erroneous failure to instruct on witness impeachment. [8] It follows that the error was harmful, and that appellant’s convictions must be reversed.

Decided September 13, 1999. David E. Perry, for appellant. Kenneth B. Hodges III, District Attorney, Gregory W. Edwards, Assistant District Attorney, Thurhert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Adam M. Hames, Assistant Attorney General, for appellee.

3. In appellant’s defense, several witnesses testified as to his general reputation for good character. However, despite the introduction of this evidence, the trial court failed to give appellant’s requested charge on good character. [9] Good character is a substantive fact at trial, and can by itself create a reasonable doubt as to a defendant’s guilt and lead to an acquittal. [10] Therefore, whenever there is evidence to support a charge on good character, and a defendant requests that such a charge be given, the jury must be instructed that it may consider good character evidence in its deliberations. [11] It follows in this case that the trial court erred in failing to give appellant’s requested good character charge. Because of our ruling in Division 2, supra, it is not necessary for us to determine whether this error was harmless in light of the overwhelming evidence of appellant’s guilt. [12]

Judgment reversed.

All the Justices concur.
1

The murder was committed on March 3, 1997, and on August 7, 1997, appellant was indicted on charges of murder, felony murder, burglary, armed robbery, false imprisonment, forgery, and illegal firearm possession. After a trial held from September 8-11, 1997, appellant was convicted of felony murder (with aggravated assault as the underlying felony), burglary, armed robbery, false imprisonment (two counts), forgery (two counts) and illegal firearms possession. On September 12, 1997, appellant was sentenced to life imprisonment for felony murder, twenty concurrent years for burglary, twenty consecutive years for armed robbery, ten concurrent years for each false imprisonment and forgery conviction, and five consecutive years for illegal firearms possession. Appellant’s new trial motion was filed on October 10, 1997 and denied on February 15, 1999. Appellant’s notice of appeal was filed on March 17, 1999. The appeal was docketed with this Court on April 1, 1999, and submitted for decision without oral argument on May 24,1999.

2

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

4

Id.

5

Suggested Pattern Jury Instructions, Vol. II, p. 27 (1991); see Kyler v. State, 270 Ga. 81, 83 (508 SE2d 152) (1998); O’Toole v. State, 258 Ga. 614, 616 (373 SE2d 12) (1988).

6

Richards v. State, 157 Ga. App. 601, 603 (278 SE2d 63) (1981).

7

See McIntyre v. State, 266 Ga. 7, 10 (463 SE2d 476) (1995); Kitchens v. State, 235 Ga. App. 349, 353 (509 SE2d 391) (1998).

8

See Felder v. State, 266 Ga. 574, 576 (468 SE2d 769) (1996).

10

Duvall v. State, 259 Ga. 801, 802 (387 SE2d 880) (1990).

12

Id., 259 Ga. at 803; Johnson v. State, 238 Ga. 59, 61 (230 SE2d 869) (1976) (erroneous failure to instruct jury on good character is harmless where it is not highly probable that the omitted charge contributed to the jury’s guilty verdicts).