Rittenhouse v. State, 526 S.E.2d 342 (Ga. 2000). · Go Syfert
Rittenhouse v. State, 526 S.E.2d 342 (Ga. 2000). Cases Citing This Book View Copy Cite
“booking photographs have been held not to inject character into evidence because they do not suggest that the defendant has committed previous crimes”
41 citation events (38 in the last 25 years) across 3 distinct courts.
Strongest positive: Sharpe v. State (ga, 2011-01-24)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 14 distinct citers.
discussed Cited as authority (quoted) Sharpe v. State (2×) also: Cited "see, e.g."
Ga. · 2011 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence low
booking photographs have been held not to inject character into evidence because they do not suggest that the defendant has committed previous crimes
examined Cited as authority (rule) Taylor v. State (4×) also: Cited "see", Cited "see, e.g."
Ga. · 2024 · confidence medium
Chaney v. State, 317 Ga. 181 (1) (81 SE2d 775) (2023) (affirming dismissal of extraordinary motion for new trial where defendant raised only ineffective assistance of counsel claims because an adequate alternative remedy existed in 3 the form of habeas corpus) (citing Mitchum, 306 Ga. at 887 (2))).2 In sum, because Taylor’s direct appeal has concluded, see Rittenhouse, 272 Ga. at 78 (1), the constitutional claims that he seeks to raise here are governed exclusively by habeas corpus and are not properly presented in an extraordinary motion for new trial.
discussed Cited as authority (rule) State of Iowa v. Ricky Lee Putman (2×)
Iowa · 2014 · confidence medium
See, e.g., State v. Terrazas, 189 Ariz. 580 , 944 P.2d 1194, 1196 (1997); People v. Garner, 806 P.2d 366, 373 (Colo. 1991); Johnson v. United States, 683 A.2d 1087, 1093 (D.C.1996); Rittenhouse v. State, 272 Ga. 78 , 526 S.E.2d 342, 344 (2000); People v. Thingvold, 145 Ill.2d 441 , 164 Ill.Dec. 877 , 584 N.E.2d 89, 95 (1991); State v. Jackson, 625 So.2d 146, 149 (La.1993); State v. Faulkner, 314 Md. 630 , 552 A.2d 896, 898 (1989); Commonwealth v. Leonard, 428 Mass. 782 , 705 N.E.2d 247, 250 (1999); State v. DeWald, 464 N.W.2d 500, 503 (Minn.1991); State v. Floyd, 277 Neb. 502 , 763 N.W.2d 91, …
discussed Cited as authority (rule) Amended August 26, 2014 State of Iowa v. Ricky Lee Putman
Iowa · 2014 · confidence medium
See, e.g., State v. Terrazas, 944 P.2d 1194, 1196 (Ariz. 1997); People v. Garner, 806 P.2d 366, 373 (Colo. 1991); Johnson v. United States, 683 A.2d 1087, 1093 (D.C. 1996); Rittenhouse v. State, 526 S.E.2d 342, 344 (Ga. 2000); People v. Thingvold, 584 N.E.2d 89, 95 (Ill. 1991); State v. Jackson, 625 So. 2d 146, 149 (La. 1993); State v. Faulkner, 552 A.2d 896, 898 (Md. 1989); Commonwealth v. Leonard, 705 N.E.2d 247, 250 (Mass. 1999); State v. DeWald, 464 N.W.2d 500, 503 (Minn. 1991); State v. Floyd, 763 N.W.2d 91, 98 (Neb. 2009); State v. Kirsch, 662 A.2d 937, 942 (N.H. 1995); State v. Hernande…
discussed Cited as authority (rule) Phillips v. State
Ga. · 2010 · confidence medium
Phillips further contends that the State, in its opening statement, improperly placed his character into evidence by using a Powerpoint presentation that included a booking photograph of Phillips. “[B]ooking photographs have been held not to inject character into evidence because they do not suggest that the defendant has committed previous crimes .... [Cit.]” Rittenhouse v. State, 272 Ga. 78, 80 (3) ( 526 SE2d 342 ) (2000).
discussed Cited as authority (rule) Thompson v. State
Ga. Ct. App. · 2006 · confidence medium
Rittenhouse v. State, 272 Ga. 78, 79 (3) ( 526 SE2d 342 ) (2000) (booking photographs are admissible to establish identity when a defendant dramatically changes his appearance between the time of the crime and trial); Dowdy, 169 Ga. App. 14, 16 (4) ( 311 SE2d 184 ) (1983) (photographic lineups can be admitted to establish a defendant’s identity as the perpetrator of a crime even if the defendant himself has not raised the issue of identity).
discussed Cited as authority (rule) Hunter v. State
Ga. Ct. App. · 2005 · confidence medium
We further agree with the appellants that the photographs were potentially prejudicial in that they were obviously mug shots and thus could easily have given the jury the impression that the appellants had been in trouble with the law on some previous occasion. [Cits.] Relying on Rittenhouse v. State, 272 Ga. 78, 79-80 (3) ( 526 SE2d 342 ) (2000), the State contends that the photograph containing information about Hunter’s height and weight was relevant because Hunter was contesting his identification by the confidential informant.
discussed Cited as authority (rule) Buckles v. State
Ga. Ct. App. · 2003 · confidence medium
Eldridge and Mikell, JJ., concur. 1 Wynn v. State, 252 Ga. App. 648 (1) ( 556 SE2d 863 ) (2001). 2 Id. 3 Id. 4 See Wideman v. State, 222 Ga. App. 733 (1) ( 476 SE2d 49 ) (1996). 5 Tarvestad v. State, 261 Ga. 605, 606 ( 409 SE2d 513 ) (1991). 6 See Mahone v. State, 247 Ga. App. 596, 598 (1) ( 544 SE2d 514 ) (2001). 7 See Rittenhouse v. State, 272 Ga. 78, 79-80 (3) ( 526 SE2d 342 ) (2000).
cited Cited as authority (rule) Chaney v. State
Ga. Ct. App. · 2002 · confidence medium
Rittenhouse v. State, 272 Ga. 78, 79 (3) ( 526 SE2d 342 ) (2000).
discussed Cited as authority (rule) Ehle v. State
Ga. · 2002 · confidence medium
See also Green v. State, 275 Ga. 569 ( 570 SE2d 207 ) (2002), in which this Court noted that although the federal courts have held that an assertion of the right to silence under the United States Constitution must be clear and unambiguous before interrogators are required to stop questioning, this Court had not decided whether to require interrogators to clarify an ambiguous assertion of the right to remain silent under the Georgia Constitution. 14 See Fitz, supra at 353 ; Nguyen v. State, 273 Ga. 389, 397 ( 543 SE2d 5 ) (2001). 15 The reason for the strike offered by the State was that the p…
discussed Cited as authority (rule) Horner v. State
Ga. Ct. App. · 2002 · confidence medium
Kendall Wynne, Jr., District Attorney, Alan A. Cook, Assistant District Attorney, for appellee. 1 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 2 Payne v. State, 248 Ga. App. 158, 159 (1) ( 545 SE2d 336 ) (2001). 3 Igidi v. State, 251 Ga. App. 581 ( 554 SE2d 773 ) (2001). 4 Stirrat v. State, 226 Ga. App. 350, 353 (2) (b) ( 486 SE2d 640 ) (1997). 5 Shakim v. State, 211 Ga. App. 199, 202 (3) ( 438 SE2d 673 ) (1993). 6 Brown v. State, 274 Ga. 31, 33-34, n. 2 ( 549 SE2d 107 ) (2001). 7 Johnson v. State, 247 Ga. App. 660, 663 (3) ( 544 SE2d 496 ) (2001). 8 Holt v. State, 210 …
cited Cited as authority (rule) Rose v. State
Ga. · 2002 · confidence medium
Rittenhouse, supra at 80 (4). 3.
discussed Cited as authority (rule) Davis v. State
Ga. Ct. App. · 2000 · confidence medium
However, both Greene and Celia participated in both trials. 14 (Citation omitted.) Scott v. State, 178 Ga. App. 844 (1) ( 344 SE2d 764 ) (1986); Donaldson v. State, 180 Ga. App. 879, 880 (3) ( 350 SE2d 849 ) (1986). 15 Rittenhouse v. State, 272 Ga. 78, 79 (2) ( 526 SE2d 342 ) (2000). 16 Id. 17 Hassan, supra. 18 See Mote v. State, 212 Ga. App. 551, 553 (2) ( 442 SE2d 799 ) (1994) (physical precedent only). 19 Scott v. State, 238 Ga. App. 258, 260 (2) ( 518 SE2d 468 ) (1999). 20 See, e.g., Howard v. McFarland, 237 Ga. App. 483, 488 (3) (b) ( 515 SE2d 629 ) (1999) (physical precedent only); Harri…
discussed Cited "see" MacK v. State (2×)
Ga. Ct. App. · 2007 · signal: see · confidence high
See Facille v. State, 265 Ga. App. 443, 444 (1) ( 594 SE2d 680 ) (2004). 11 Ryan v. State, 277 Ga. App. 490, 494 (4) ( 627 SE2d 128 ) (2006). 12 Ward v. State, 270 Ga. App. 427, 428 ( 606 SE2d 877 ) (2004). 13 Mullady v. State, 270 Ga. App. 444, 448 (3) ( 606 SE2d 645 ) (2004). 14 Page v. State, 250 Ga. App. 795, 796 ( 553 SE2d 176 ) (2001). 15 Williams v. State, 261 Ga. 640, 642 (2) (b) ( 409 SE2d 649 ) (1991). 16 Sims v. State, 275 Ga. App. 836, 838 (2) ( 621 SE2d 869 ) (2005). 17 Oliver v. State, 276 Ga. 665, 667 (3) ( 581 SE2d 538 ) (2003). 18 Cotton v. State, 279 Ga. 358, 359 (2) ( 613 SE…
Rittenhouse
v.
the State; Taylor v. the State
S99A1718, S99A1721.
Supreme Court of Georgia.
Feb 14, 2000.
526 S.E.2d 342
Donald R. Donovan, for appellant (case no. S99A1718)., John F. McClellan, Jr., William A. O’Dell, for appellant (case no. S99A1721)., Tambra P. Colston, District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Adam M. Hames, Assistant Attorney General, for appellee.
Benham.
Cited by 17 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 85%
Citer courts: Supreme Court of Georgia (1)
Benham, Chief Justice.

Terry Hall was found dead after an altercation with appellants Jerry Joe Rittenhouse and Matthew Adam Taylor at a nightclub. [1] The altercation allegedly started over a woman appellant Taylor was dating. Hall left the nightclub in his vehicle and was followed by appellants Rittenhouse and Taylor in one vehicle and by appellant Rittenhouse’s twin brother and others in another vehicle. Appellant[*79] Rittenhouse forced Hall’s vehicle off the road and a fight ensued between Hall and appellants that resulted in Hall being severely injured. The injuries Hall received in the fight were not life threatening. However, appellant Rittenhouse kicked Hall into a drainage ditch full of water where Hall drowned.

1. Appellant Rittenhouse contends that the felony murder verdict was contrary to the law and evidence. Appellant Taylor, in his sole enumeration of error, also contends that the evidence was insufficient to support the felony murder verdict against him. We conclude that the evidence was sufficient to enable the jury to find beyond a reasonable doubt that both appellant Rittenhouse and appellant Taylor were guilty of felony murder. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Dupree v. State, 247 Ga. 470 (277 SE2d 18) (1981). Both men perpetrated an aggravated assault upon the victim which “directly and materially contributed to the happening of a subsequent accruing immediate cause of the death.” Redfield v. State, 240 Ga. 460 (1) (241 SE2d 217) (1978).

We also note that the trial court treated appellants’ malice murder convictions as surplusage and sentenced them only on the felony murder convictions. When a jury returns guilty verdicts on both felony murder and malice murder convictions arising from the death of one person, the felony murder conviction, not the malice murder conviction, stands vacated by operation of law. Williams v. State, 270 Ga. 125 (4) (508 SE2d 415) (1998). However, since life imprisonment is an appropriate sentence for both felony murder and malice murder, appellants have suffered no harm from the trial court’s action. Id.

2. In his third enumeration of error, appellant Rittenhouse asserts that it was error for the trial court to fail to charge the jury on proximate cause. Since it appears that appellant Rittenhouse did not object or reserve the right to object to the trial court’s failure to charge the jury on proximate cause at trial, he has not preserved this issue for appeal. Pruitt v. State, 258 Ga. 583 (14) (373 SE2d 192) (1988); Jackson v. State, 246 Ga. 459, 460 (271 SE2d 855) (1980). Thus, we do not address this argument.

3. In his fourth enumeration of error, appellant Rittenhouse contends that it was error for the trial court to admit a booking photograph that depicted appellant at the time he was admitted to jail. Appellant Rittenhouse asserts the admission of the booking photograph prejudiced the jury against him and that the photograph had no probative value. The trial court did not err in admitting the photograph into evidence. The photograph was relevant to identify appellant Rittenhouse and to show how he appeared at the time of the crime. Drane v. State, 265 Ga. 255 (12) (455 SE2d 27) (1995). Appellant Rittenhouse had so dramatically changed his appearance since the time of the crime that many witnesses had difficulty distinguish[*80] ing between him and his twin brother, who was a codefendant. The two brothers were easily distinguishable at the time of the crime. Since booking photographs have been held not to inject character into evidence because they do not suggest that the defendant has committed previous crimes, appellant Rittenhouse has failed to demonstrate how the admission of the photograph prejudiced him. Edmond v. State, 228 Ga. App. 695 (2) (492 SE2d 583) (1997).

Decided February 14, 2000. Donald R. Donovan, for appellant (case no. S99A1718). John F. McClellan, Jr., William A. O’Dell, for appellant (case no. S99A1721).

4. In his fifth enumeration of error, appellant Rittenhouse argues that the trial court erred in admitting evidence that on two other occasions, appellant Rittenhouse, along with others, severely attacked three men as a result of arguments over women. In order for evidence of prior bad acts to be admissible, the State must demonstrate the following three elements: First, the evidence must be admitted for an appropriate purpose and should not raise an improper inference regarding the character of the accused. Second, there must be sufficient evidence that the accused committed the independent act. Finally, a sufficient similarity or connection must exist between the independent act and the crime charged such that the former tends to prove the latter. Williams v. State, 261 Ga. 640 (2) (409 SE2d 649) (1991).

The trial court conducted a hearing to determine the admissibility of the similar transaction evidence. At the hearing, the State declared that it was presenting the evidence to show appellant Rittenhouse’s intent and course of conduct, purposes which are recognized as appropriate. Andrews v. State, 267 Ga. 473 (2) (480 SE2d 29) (1997). The State indicated there would be testimony from one witness who would testify that he witnessed appellant Rittenhouse and two others pull a man from a truck and attack him so severely that he had to be hospitalized. The attack stemmed from an argument over a woman. The State also indicated there would be testimony from two witnesses that appellant Rittenhouse, his twin brother, and two others severely attacked two men who had to obtain medical treatment as a result, again arising from an argument over a woman. This evidence was sufficient for the trial court to conclude that appellant had committed the similar previous acts and that the previous acts were sufficiently similar. Smith v. State, 237 Ga. App. 582 (516 SE2d 92) (1999). We conclude that the trial court did not err in admitting the similar transaction evidence.

Judgment affirmed.

All the Justices concur. [*81] Tambra P. Colston, District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Adam M. Hames, Assistant Attorney General, for appellee.
1

The crime was committed on March 6, 1998. On November 13, 1998, appellants Rittenhouse and Taylor were indicted for malice murder, felony murder, aggravated assault, aggravated battery, and involuntary manslaughter. Appellants were tried on February 15 through February Í9, 1999. Both appellants Rittenhouse and Taylor were convicted of all charges on February 19, 1999, and both were sentenced to life in prison for the felony murder conviction on April 28, 1999, with the assault and battery charges merging into the felony murder count. The malice murder and involuntary manslaughter counts were treated as surplusage. Appellant Rittenhouse filed a motion for new trial on May 27, 1999, which was denied on July 7,1999. Appellant Taylor filed a motion for new trial on May 24,1999, which was denied on July 7, 1999. Appellant Rittenhouse filed a notice of appeal on August 4, 1999, which was docketed in this Court on August 18, 1999. Appellant Taylor filed a notice of appeal on July 16,1999, which was docketed in this Court on August 18,1999. Both cases were submitted for decision on briefs.