Blackmon v. State, 536 S.E.2d 148 (Ga. 2000). · Go Syfert
Blackmon v. State, 536 S.E.2d 148 (Ga. 2000). Cases Citing This Book View Copy Cite
52 citation events (52 in the last 25 years) across 2 distinct courts.
Strongest positive: Dimauro v. the State (gactapp, 2017-05-26)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 22 distinct citers.
discussed Cited as authority (rule) Dimauro v. the State
Ga. Ct. App. · 2017 · confidence medium
See also supra notes 18-20 & accompanying text. 46 490 U. S. 386, 396 ( 109 SCt 1865 , 104 LE2d 443) (1989) (explaining that, in analyzing a civil rights claim based on excessive force, the “ ‘reasonableness’ of a particular use of force must be judged from the perspective of a reasonable officer on the scene”). 47 OCGA § 17-8-58 (a). 48 OCGA § 17-8-58 (b); see also Alvelo v. State, 290 Ga. 609, 614 (5) ( 724 SE2d 377 ) (2012) (holding that OCGA § 17-8-58 (b) requires an appellate court to revie w for plain error an alleged jury-instruction error to which no objection was raised at …
discussed Cited as authority (rule) Roberson v. State (2×)
Ga. Ct. App. · 2014 · confidence medium
(Emphasis supplied.) Even assuming that this language can be construed as a “presumption-of-truthfulness” charge which the Supreme Court of Georgia in Noggle v. State, 256 Ga. 383, 386 (4) ( 349 SE2d 175 ) (1986), held “can be misleading and is of little positive value,” our Supreme Court has further held that “the use of such a charge is not unconstitutional and does not constitute reversible error.” (Citation and punctuation omitted.) Blackmon v. State, 272 Ga. 858, 860 (3) ( 536 SE2d 148 ) (2000).
discussed Cited as authority (rule) Donnie Roberson v. State (2×)
Ga. Ct. App. · 2014 · confidence medium
(Emphasis supplied.) Even assuming that this language can be construed as a “presumption-of- truthfulness” charge which our Georgia Supreme Court in Noggle v. State, 256 Ga. 383, 386 (4) ( 349 SE2d 175 ) (1986), held “can be misleading and is of little positive value,” our Supreme Court has further held that “the use of such a charge is not unconstitutional and does not constitute reversible error.” (Citation and punctuation omitted.) Blackmon v. State, 272 Ga. 858, 860 (3) ( 536 SE2d 148 ) (2000).
discussed Cited as authority (rule) Quintez Porter v. State
Ga. Ct. App. · 2013 · confidence medium
As explained in Division 1, “a prior inconsistent statement of a witness who takes the stand and is 11 See id.; Griffin v. State, 262 Ga. App. 87, 88 (1) ( 585 SE2d 145 ) (2003). 12 (Punctuation omitted; emphasis supplied.) Blackmon v. State, 272 Ga. 858, 859 (2) ( 536 SE2d 148 ) (2000). 5 subject to cross-examination is admissible as substantive evidence, and is not limited in value only to impeachment purposes.”13 3.
cited Cited as authority (rule) Porter v. State
Ga. Ct. App. · 2013 · confidence medium
(Punctuation omitted; emphasis supplied.) Blackmon v. State, 272 Ga. 858, 859 (2) ( 536 SE2d 148 ) (2000).
discussed Cited as authority (rule) Donald v. State
Ga. Ct. App. · 2011 · confidence medium
See also Character v. State, 285 Ga. 112, 120 (6) ( 674 SE2d 280 ) (2009) (error in admitting prior consistent statement in absence of affirmative charges of improper motive, improper influence, or recent fabrication was harmless); Blackmon v. State, 272 Ga. 858, 859 (2) ( 536 SE2d 148 ) (2000) (even assuming that trial court erroneously admitted a witness’s prior consistent statement, the admission was harmless because evidence of guilt was overwhelming). 6 See Johnson v. State, 293 Ga. App. 728, 729 (1) ( 667 SE2d 637 ) (2008) (victim’s voice identification of masked armed robber by the …
discussed Cited as authority (rule) Johnson v. State
Ga. · 2011 · confidence medium
The State defends the court’s ruling using the following logic: (1) the victim’s neighbor later testified at trial and was subject to cross-examination; (2) this Court held in Cuzzort v. State, 254 Ga. 745 ( 334 SE2d 661 ) (1985), that a witness’s prior consistent statements made out of court are admissible as substantive evidence where the witness’s veracity is at issue; and (3) the victim’s neighbor’s veracity was at issue because the substance of what he told the officer — that he heard a scuffle in the room next door and then gunshots — was “part of the determination that…
discussed Cited as authority (rule) Colzie v. State (2×)
Ga. · 2011 · confidence medium
Blackmon v. State, 272 Ga. 858, 859 (2), 536 S.E.2d 148 (2000).
discussed Cited as authority (rule) Reid v. State (2×)
Ga. · 2010 · confidence medium
(Cits.)" [Cit.] Blackmon v. State, 272 Ga. 858, 860 (3), 536 S.E.2d 148 (2000).
cited Cited as authority (rule) Connelly v. State
Ga. Ct. App. · 2009 · confidence medium
Woodard v. State, 269 Ga. 317, 320 ( 496 SE2d 896 ) (1998); Blackmon v. State, 272 Ga. 858, 859 ( 536 SE2d 148 ) (2000).
discussed Cited as authority (rule) Thompson v. State
Ga. Ct. App. · 2006 · confidence medium
Nonetheless, even if we assume that evidence of Stewart’s prior statements were wrongfully admitted, “we would reverse only if it appears likely that the hearsay contributed to the guilty verdict.” Blackmon v. State, 272 Ga. 858, 859 (2) ( 536 SE2d 148 ) (2000).
discussed Cited as authority (rule) King v. Zakaria
Ga. Ct. App. · 2006 · confidence medium
In four related enumerations, King contends the trial court erred in giving certain jury instructions. 5 For the following reasons, King’s contentions must fail. (a) King argues that the court committed reversible error when it charged the jury that witnesses are presumed to speak the truth. 6 The Supreme Court of Georgia, however, has decided this issue adversely to King in Blackmon v. State, 272 Ga. 858, 860 (3) ( 536 SE2d 148 ) (2000), a criminal case involving a similar jury instruction.
discussed Cited as authority (rule) Hickey v. State
Ga. Ct. App. · 2004 · confidence medium
Blackmon v. State, 272 Ga. 858, 859 (2) ( 536 SE2d 148 ) (2000); Cuzzort v. State, 254 Ga. 745 ( 334 SE2d 661 ) (1985); Dorsey v. State, 252 Ga. App. 33, 34 (1) ( 555 SE2d 498 ) (2001); compare Woodard v. State, 269 Ga. 317, 320 (2) ( 496 SE2d 896 ) (1998). *727 5.
discussed Cited as authority (rule) Hayes v. State
Ga. · 2002 · confidence medium
Accord Peterson v. State, 274 Ga. 165, 170-171 ( 549 SE2d 387 ) (2001); Ward v. State, 271 Ga. 648, 651 ( 520 SE2d 205 ) (1999); Wall v. State, 269 Ga. 506 ( 500 SE2d 904 ) (1998). 5 Peterson, 274 Ga. at 169 ; Chapman v. State, 273 Ga. 865, 870 ( 548 SE2d 278 ) (2001); Johnson v. State, 273 Ga. 345, 347-348 ( 541 SE2d 357 ) (2001). 6 See Sturkey v. State, 271 Ga. 572, 574 ( 522 SE2d 463 ) (1999); Blackmon v. State, 272 Ga. 858, 859 ( 536 SE2d 148 ) (2000). 7 See Johns v. State, 274 Ga. 23, 25 ( 549 SE2d 68 ) (2001); London v. State, 274 Ga. 91, 92-93 ( 549 SE2d 394 ) (2001).
discussed Cited as authority (rule) Dorsey v. State
Ga. Ct. App. · 2001 · confidence medium
Blackmon v. State, 272 Ga. 858, 859 (2) ( 536 SE2d 148 ) (2000); Cuzzort v. State, supra; compare Woodard v. State, supra at 320 (2), fn. 2 (prior consistent statements inadmissible to bolster general credibility).
discussed Cited as authority (rule) Albarran v. State
Ga. Ct. App. · 2001 · confidence medium
Andrews, P. J., and Miller, J., concur. 10 (Punctuation omitted.) Florence v. State, 246 Ga. App. 479, 481 (4) ( 539 SE2d 901 ) (2000). 1 A fourth co-defendant, Cesar Hernandez, pled guilty to felony possession of marijuana with intent to distribute and testified at trial. 2 See Espinoza v. State, 244 Ga. App. 96 ( 534 SE2d 824 ) (2000). 3 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 4 Espinoza v. State, supra at 96-97. 5 Gilbert v. State, 245 Ga. App. 809, 810 ( 539 SE2d 506 ) (2000). 6 (Footnote omitted.) Espinoza v. State, supra at 98 (4). 7 Blackmon v. State, 272 Ga…
discussed Cited as authority (rule) Green v. State
Ga. Ct. App. · 2001 · confidence medium
“Considering the overwhelming admissible evidence of [Green’s] guilt, the admission of [Tovey’s testimony], even if error, was harmless.” Blackmon v. State, 272 Ga. 858, 859 (2) ( 536 SE2d 148 ) (2000). 6.
discussed Cited "see" Boyt v. State (2×)
Ga. Ct. App. · 2007 · signal: accord · confidence high
See discussion in Division 3, infra. 16 (Punctuation omitted.) Mealor v. State, 266 Ga. App. 274, 281 (e) ( 596 SE2d 632 ) (2004), citing Phillips v. State, 277 Ga. 161, 163 (b) ( 587 SE2d 45 ) (2003) ("The Constitution does not *463 guarantee representation by a lawyer who is errorless or who is deemed ineffective after the fact, but one who renders reasonably effective assistance”) (citation omitted). 17 See London v. State, 260 Ga. App. 780, 783 (4) ( 580 SE2d 686 ) (2003). 18 Mealor, supra at 279 (c). 19 (Citation and punctuation omitted.) Powell v. State, 272 Ga. App. 628, 631-632 (2) (…
discussed Cited "see" Abonza v. State (2×)
Ga. Ct. App. · 2001 · signal: see · confidence high
See Blackmon v. State, 272 Ga. 858, 859 (1) ( 536 SE2d 148 ) (2000). 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); King v. State, 213 Ga. App. 268, 269 ( 444 SE2d 381 ) (1994).
discussed Cited "see" Stubbins v. State (2×)
Ga. · 2001 · signal: see · confidence high
See Blackmon v. State, 272 Ga. 858 ( 536 SE2d 148 ) (2000).
discussed Cited "see, e.g." Miller v. State (2×)
Ga. · 2002 · signal: compare · confidence medium
Compare Blackmon v. State, 272 Ga. 858, 859 (2) ( 536 SE2d 148 ) (2000).
discussed Cited "see, e.g." Kennedy v. State (2×)
Ga. · 2001 · signal: see also · confidence medium
See also Blackmon v. State, 272 Ga. 858, 859-860 ( 536 SE2d 148 ) (2000). 16 Apparently, no court in this State has made a “determination whether the post-traumatic stress syndrome had reached a scientific stage of verifiable certainty so as to become competent evidence under Harper v. State, 249 Ga. 519 (1) ( 292 SE2d 389 ) (1982).” Johnson v. State, 266 Ga. 624, 625, n. 3 ( 469 SE2d 152 ) (1996).
Blackmon
v.
the State
S00A0877.
Supreme Court of Georgia.
Oct 10, 2000.
536 S.E.2d 148
L. Clark Landrum, for appellant., C. Paul Bowden, District Attorney, Thurhert E. Baker, Attorney General, Wylencia H. Monroe, Assistant Attorney General, for appellee.
Carley.
Cited by 25 opinions  |  Published
Carley, Justice.

A jury found Michael Blackmon guilty of malice murder, armed robbery and aggravated assault, for which crimes the trial court imposed two consecutive life sentences and a consecutive 20-year term of imprisonment. Blackmon’s motion for new trial was denied, and he appeals from the judgments of conviction and sentences entered by the trial court on the jury’s guilty verdicts. [1]

1. The evidence shows the following: Blackmon and Charlie Stubbins were drinking together in a local nightclub. As William Asante and Labage Bojang were leaving the same club, Blackmon and Stubbins asked for a ride. Bojang agreed, and the four left in his car with Blackmon and Stubbins occupying the backseat. Following directions, Bojang drove down a dirt road into a wooded area. Asante became suspicious, and he instructed Bojang to stop the car. Blackmon and Stubbins exited, as did Bojang. Either Blackmon or Stub-bins demanded money from Bojang. When Bojang stated that he had none, Asante heard shots and he fled the car. As he ran, Asante was shot several times. Despite his wounds, Asante reached a nearby residence, and the authorities were alerted. When the police arrived at the scene, they discovered the body of Bojang in a ditch. He suffered multiple gunshots to his chest and abdomen. Blackmon and Stubbins drove away in Bojang’s car, and eventually they went to the home of Blackmon’s cousin who lived nearby. When officers went to the cousin’s residence, they discovered a gun under the sofa where Stub-bins had been sleeping. Ballistics testing showed that this was the murder weapon. Police officers discovered Bojang’s abandoned car, the interior having been set on fire. Impressions of shoe prints found near the car matched Blackmon’s shoes. Blackmon led police to a location where stereo speakers removed from Bojang’s car were hidden. Blackmon and Stubbins were indicted jointly, but tried separately. Blackmon presented no evidence, and urges on appeal that[*859] the State proved only that he was present when Stubbins actually committed the crimes.

Although mere presence at the scene is insufficient to authorize a conviction for committing an offense, criminal intent may be inferred from the accused’s conduct before, during and afterwards. Johnson v. State, 269 Ga. 632, 634 (501 SE2d 815) (1998). Here, the prosecution presented evidence which, if believed by the jury, showed that Blackmon actively conspired with Stubbins in a plan which encompassed stealing the automobile after shooting both Bojang and Asante. Sands v. State, 262 Ga. 367, 368 (2) (418 SE2d 55) (1992). Thus, the evidence was sufficient to authorize a rational trier of fact to find proof beyond a reasonable doubt of Blackmon’s guilt as a party to the murder of Bojang, the taking of Bojang’s car at gunpoint, and the aggravated assault against Asante. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2. On redirect examination of Asante, the trial court, over an objection by the defense, allowed the State to introduce a pre-trial statement which was consistent with Asante’s testimony on direct. Cuzzort v. State, 254 Ga. 745 (334 SE2d 661) (1985). Blackmon urges that this was error, because he did not attack Asante’s truthfulness on cross. Woodard v. State, 269 Ga. 317, 320 (2) (496 SE2d 896) (1998) provides that,

[u]nless a witness’s veracity has affirmatively been placed in issue, the witness’s prior consistent statement is pure hearsay evidence, which cannot be admitted merely to corroborate the witness, or to bolster the witness’s credibility in the eyes of the jury.

A review of the transcript shows, however, that the import of the cross-examination of Asante was that portions of his testimony on direct were inconsistent with what he had told defense counsel in an earlier interview. Thus, the suggestion was that, as to these particulars, Asante’s inculpatory trial testimony lacked veracity and had been fabricated since his interview with Blackmon’s attorney. Since Asante’s credibility was placed into issue, the trial court did not err in admitting his prior statement in accordance with Cuzzort. Compare Woodard v. State, supra at 320 (2), fn. 2. Moreover, even assuming that admission of the statement was error, we would reverse only “if it appears likely that the hearsay contributed to the guilty verdict.” Woodard v. State, supra at 324 (4). Considering the overwhelming admissible evidence of Blackmon’s guilt, the admission of Asante’s statement, even if error, was harmless. See Bridges v. State, 268 Ga. 700, 708 (6) (492 SE2d 877) (1997).

3. After giving a comprehensive charge on credibility, the trial[*860] court Instructed the jury that,

Decided October 10, 2000. L. Clark Landrum, for appellant. C. Paul Bowden, District Attorney, Thurhert E. Baker, Attorney General, Wylencia H. Monroe, Assistant Attorney General, for appellee.
upon consideration of [the] evidence in the case, if you find that there is a conflict in the testimony of the witnesses or a conflict between one or more witnesses, it would be your duty to reconcile this conflict if you can without attributing a false statement to any witness sworn. All witnesses who take the stand and take the oath presume to speak the truth. However, if the evidence is too different or irreconcilable that you cannot do this, then you should believe that witness or those witnesses whom you think are entitled to the most credit and belief.

(Emphasis supplied.) Citing the reference to the presumption of a witness’s truthfulness, Blackmon enumerates the giving of this charge as error.

In Noggle v. State, 256 Ga. 383, 386 (4) (349 SE2d 175) (1986), we recommended that trial courts discontinue giving the presumption-of-truthfulness charge, as it “can be misleading and is of little positive value. . . .” However, we also have repeatedly “held that the use of such a charge is not unconstitutional and does not constitute reversible error. [Cits.]” Whatley v. State, 270 Ga. 296, 300 (10) (b) (509 SE2d 45) (1998). When read in context, the charge here was not misleading, since reference was made to the presumption of truthfulness simply as the underlying legal rationale for the jury’s initial duty to reconcile a conflict in the evidence without automatically assuming that any witness had committed peijury. The jurors were fully charged on their ultimate responsibility to determine which witness to believe. Thus, “the charge involved here contains no suggestion that an unimpeached witness must be believed, but merely urges the jury to attempt to reconcile conflicting testimony before considering the credibilty of witnesses.” Mallory v. State, 271 Ga. 150, 151 (2) (517 SE2d 780) (1999).

Judgments affirmed.

All the Justices concur.
1

The crimes occurred on November 4, 1995. The grand jury indicted Blackmon on November 6, 1995. The jury returned its guilty verdicts on January 28, 1998. On February 12, 1998, Blackmon filed his motion for new trial and, on November 10, 1999, the trial court denied that motion. Blackmon filed his notice of appeal on November 16,1999. The case was docketed in this Court on February 14, 2000 and was submitted for decision on April 10, 2000.