Jones v. State, 536 S.E.2d 511 (Ga. 2000). · Go Syfert
Jones v. State, 536 S.E.2d 511 (Ga. 2000). Cases Citing This Book View Copy Cite
“e conclude that jones knowingly and intelligently waived his right to counsel after he was made aware of the dangers of self-representation.”
101 citation events (101 in the last 25 years) across 4 distinct courts.
Strongest positive: Jones v. Walker (ca11, 2007-08-22)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 30 distinct citers.
examined Cited as authority (verbatim quote) Jones v. Walker (5×) also: Cited as authority (quoted), Cited as authority (rule), Cited "see"
11th Cir. · 2007 · signal: see · quote attribution · 2 verbatim quotes · confidence high
e conclude that jones knowingly and intelligently waived his right to counsel after he was made aware of the dangers of self-representation.
discussed Cited as authority (rule) Kaleem Tariq-Madyun v. State
Ga. Ct. App. · 2021 · confidence medium
See, e.g., Wiggins v. State, 298 Ga. 366, 369 (2) ( 782 SE2d 31 ) (2016); Evans, 285 Ga. at 69 ; Jones v. State, 272 Ga. 884, 886 (2) ( 536 SE2d 511 ) (2000); Wayne v. State, 269 Ga. 36, 38 (2) ( 495 SE2d 34 ) (1998); Haynes, 356 Ga. App. at 632 (1); Martin-Argaw, 343 Ga. App. at 867-868 (2).
examined Cited as authority (rule) Tamarat Martin-Argaw v. State (4×) also: Cited "see", Cited "see, e.g."
Ga. Ct. App. · 2017 · confidence medium
The Presiding Judge correctly notes that a “trial judge is not required to use any particular language in making the defendant aware of his right to counsel and the dangers of self-representation.”4 And the Supreme Court has noted that while “it would be helpful, it is not incumbent upon a trial court to ask each of the questions set forth in Prater.5 Rather, the “record need only reflect that the accused was made aware of the dangers of self-representation and nevertheless made a knowing and intelligent waiver.” Jones v. State, 272 Ga. 884, 886 (2) ( 536 SE2d 511 ) (2000) (citation …
cited Cited as authority (rule) Department of Revenue, Finance, & Administration Cabinet v. Wade
Ky. · 2012 · confidence medium
Jones v. Georgia, 272 Ga. 884 , 536 S.E.2d 511, 513-14 (2000).
discussed Cited as authority (rule) State v. Evans
Ga. · 2009 · confidence medium
Rather, “[t]he record need only reflect that the accused was made aware of the dangers of self-representation and nevertheless made a knowing and intelligent waiver.” Jones v. State, 272 Ga. 884, 886 (2) ( 536 SE2d 511 ) (2000) (citations and punctuation omitted).
discussed Cited as authority (rule) Robert L. Meriwether v. Bruce Chatman
11th Cir. · 2008 · confidence medium
On direct appeal, the Georgia Supreme Court affirmed Jones’s convictions based, in part, on a finding that Saari “ ‘testified that she made Jones fully aware of the nature of the charge, the possible sentences, and the dangers of self-representation.’ ” Id. at 1287 (quoting Jones v. State, 272 Ga. 884 , 536 S.E.2d 511, 513 (2000)).
examined Cited as authority (rule) Jones v. Walker (4×)
11th Cir. · 2008 · confidence medium
Jones v. State, 272 Ga. 884, 886 , 536 S.E.2d 511, 513 (2000) (internal citations omitted).
cited Cited as authority (rule) Moore v. State
Ga. Ct. App. · 2007 · confidence medium
Jones v. State, 272 Ga. 884, 887 (4) ( 536 SE2d 511 ) (2000). 4.
discussed Cited as authority (rule) Keller v. State
Ga. Ct. App. · 2007 · confidence medium
T., supra at 572. 16 See Rice v. Cannon, 283 Ga. App. 438, 444 (2) ( 641 SE2d 562 ) (2007). 17 Baptiste v. State, 229 Ga. App. 691, 697 (1) ( 494 SE2d 530 ) (1997); see Rice, supra at 443-444 . 18 See Vaughn v. State, 247 Ga. App. 368, 370 (2) ( 543 SE2d 429 ) (2000). 19 See Rice, supra at 444 . 20 (Punctuation omitted.) Moore v. State, 281 Ga. App. 141, 142 (1) ( 635 SE2d 408 ) (2006). 21 Cutter v. State, 274 Ga. App. 589, 591 (1) ( 617 SE2d 588 ) (2005). 22 Id. at 591-592 . 23 See Lucas v. State, 284 Ga. App. 450, 452 ( 644 SE2d 302 ) (2007); Hendrix, supra at 792-793 (1). 24 See Hendrix, su…
discussed Cited as authority (rule) Annaswamy v. State
Ga. Ct. App. · 2007 · confidence medium
Miller and Ellington, JJ., concur. 1 Jones v. State, 272 Ga. 884, 886 (2) ( 536 SE2d 511 ) (2000). 2 See Bollinger v. State, 272 Ga. App. 688, 689 (1) ( 613 SE2d 209 ) (2005). 3 See White v. State, 197 Ga. App. 162 ( 398 SE2d 35 ) (1990). 4 See Harris v. State, 269 Ga. App. 234, 235 ( 603 SE2d 749 ) (2004). 5 See Gardner v. State, 261 Ga. App. 425, 426 (2) ( 582 SE2d 566 ) (2003). 6 See Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Reynolds v. State, 230 Ga. App. 458, 459 (3) ( 496 SE2d 474 ) (1998). 7 See generally Capps v. State, 273 Ga. App. 696, 697 (1) ( 615 SE2d 82…
cited Cited as authority (rule) Frasard v. State
Ga. Ct. App. · 2006 · confidence medium
Jones v. State, 272 Ga. 884, 886 (2) ( 536 SE2d 511 ) (2000).
discussed Cited as authority (rule) Joyner v. State
Ga. Ct. App. · 2006 · confidence medium
“The record need only reflect that the accused was made aware of the dangers of self-representation and nevertheless made a knowing and intelligent waiver.” (Citations and punctuation omitted.) Jones v. State, 272 Ga. 884, 886 (2) ( 536 SE2d 511 ) (2000).
cited Cited as authority (rule) Jennings v. State
Ga. Ct. App. · 2006 · confidence medium
Jones v. State, 272 Ga. 884, 887 ( 536 SE2d 511 ) (2000); Kincer v. State, 208 Ga. App. 360, 361 ( 430 SE2d 597 ) (1993).
discussed Cited as authority (rule) Smith v. State
Ga. Ct. App. · 2005 · confidence medium
But that court has also recognized that “[t]he essential aim of the Sixth Amendment is to guarantee effective assistance of counsel, not to guarantee a defendant preferred counsel or counsel with whom a ‘meaningful relationship’ can be established.” (Citations and punctuation omitted.) Jones v. State, 272 Ga. 884, 886 (2) ( 536 SE2d 511 ) (2000).
discussed Cited as authority (rule) Bollinger v. State (2×)
Ga. Ct. App. · 2005 · confidence medium
Conroy, Assistant District Attorneys, for appellee. 1 (Citations and punctuation omitted.) Clarke v. Zant, 247 Ga. 194, 196 ( 275 SE2d 49 ) (1981). 2 Bush v. State, 268 Ga. App. 200, 202 (2) ( 601 SE2d 511 ) (2004). 3 Jones v. State, 272 Ga. 884, 886 (2) ( 536 SE2d 511 ) (2000). 4 (Citation and punctuation omitted.) Id. 5 Hightower v. State, 252 Ga. App. 811 ( 557 SE2d 434 ) (2001). 6 (Citations and punctuation omitted.) Williams v. State, 192 Ga. App. 317, 318-319 (2) ( 384 SE2d 877 ) (1989). 7 See Jones, supra. 8 (Citations and punctuation omitted.) Hinton v. State, 233 Ga. App. 213 (1) ( 50…
discussed Cited as authority (rule) Dellinger v. State
Ga. Ct. App. · 2004 · confidence medium
Jones v. State, 272 Ga. 884, 886 (2) ( 536 SE2d 511 ) (2000); see also Bush v. State, 268 Ga. App. 200, 202-203 ( 601 SE2d 511 ) (2004). (b) We also find that the record supports the trial court’s finding of a knowing and voluntary waiver of Dellinger’s right to trial by jury.
discussed Cited as authority (rule) Bush v. State
Ga. Ct. App. · 2004 · confidence medium
Sutton v. State, 261 Ga. App. 860 (1) ( 583 SE2d 897 ) (2003). 1 OCGA§ 16-5-21 (a) (2). 2 OCGA§ 16-5-70 (c). 3 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 5 Frayall v. State, 259 Ga. App. 286, 287-288 (1) ( 576 SE2d 654 ) (2003). 6 Durrance v. State, 250 Ga. App. 185, 186-187 (2) ( 549 SE2d 406 ) (2001). 7 Smiley v. State, 252 Ga. App. 235, 236 (2) ( 555 SE2d 887 ) (2001). 8 McAdams v. State, 258 Ga. App. 250, 251 (1) ( 573 SE2d 501 ) (2002). 9 Banks v. State, 260 Ga. App. 515, 519 (2) ( 580 SE2d 308 ) (2003). 10 Jones v. State, 272 Ga. 884, 886 (2) ( 536 SE2d 511 ) …
discussed Cited as authority (rule) Doss v. State
Ga. Ct. App. · 2003 · confidence medium
The first trial resulted in a hung jury, and the court declared a mistrial. 2 (Citation omitted.) Hutchinson v. State, 232 Ga. App. 368, 369 ( 501 SE2d 873 ) (1998). 3 Mayo v. State, 261 Ga. App. 314, 317-318 (4) ( 582 SE2d 482 ) (2003); Aalon v. State, 247 Ga. App. 37, 40 (3) ( 543 SE2d 78 ) (2000); Jones v. State, 272 Ga. 884, 887 (4) ( 536 SE2d 511 ) (2000). 4 (Citation and punctuation omitted.) Scieszka v. State, 259 Ga. App. 486, 488 (2) ( 578 SE2d 149 ) (2003). 5 223 Ga. App. 787 ( 479 SE2d 115 ) (1996). 6 149 Ga. App. 448 ( 254 SE2d 453 ) (1979). 7 (Citations and punctuation omitted.) H…
examined Cited as authority (rule) Manning v. State (5×) also: Cited "see"
Ga. Ct. App. · 2003 · confidence medium
“The record need only reflect that the accused was made aware of the dangers of self-representation and nevertheless made a knowing and intelligent waiver.” (Citation and punctuation omitted.) Jones v. State, 272 Ga. 884, 886 (2) ( 536 SE2d 511 ) (2000).
discussed Cited as authority (rule) Lopez v. State
Ga. Ct. App. · 2003 · confidence medium
Based on the record before us, we find that the record reflects that Lopez “was made aware of the dangers of self-representation and nevertheless made a knowing and intelligent waiver.” (Citations and punctuation omitted.) Jones v. State, 272 Ga. 884, 886 (2) ( 536 SE2d 511 ) (2000).
discussed Cited as authority (rule) Hickey v. State
Ga. Ct. App. · 2003 · confidence medium
Andrews, P. J., and Mikell, J., concur. 1 Jackson v. State, 252 Ga. App. 157, 159 (2) ( 555 SE2d 835 ) (2001); Gerrard v. State, 252 Ga. App. 767, 770 (4) ( 556 SE2d 131 ) (2001). 2 Potter v. State, 273 Ga. 325, 326 ( 540 SE2d 184 ) (2001). 3 Gerrard, supra. 4 See Johnson v. State, 251 Ga. App. 455, 457 (2) ( 554 SE2d 587 ) (2001); Oliver v. State, 246 Ga. App. 32, 34-35 (1) ( 538 SE2d 837 ) (2000); Mitchell v. State, 242 Ga. App. 177, 182 (4) (d) ( 529 SE2d 169 ) (2000). 5 Jackson, supra at 158 . 6 Id. 7 See Schwindler v. State, 254 Ga. App. 579, 584 (4) ( 563 SE2d 154 ) (2002) (trial court d…
discussed Cited as authority (rule) Hightower v. State
Ga. Ct. App. · 2001 · confidence medium
Andrews, P. J., and Miller, J., concur. 1 See Parks v. McClung, 271 Ga. 795, 798 ( 524 SE2d 718 ) (1999) (“inquiry is addressed to a defendant’s understanding of courtroom procedure and his ability to conduct a defense”). 2 (Punctuation omitted.) Jones v. State, 272 Ga. 884, 885-886 (2) ( 536 SE2d 511 ) (2000). 3 Holt v. State, 244 Ga. App. 341, 343 (1),( 535 SE2d 514 ) (2000).
discussed Cited as authority (rule) McKinney v. State
Ga. Ct. App. · 2001 · confidence medium
See also McCannon v. State, 268 Ga. 393, 395 (4) ( 489 SE2d 801 ) (1997). 6 (Punctuation omitted.) Demetrios v. State, 246 Ga. App. 506, 513 (7) (a) ( 541 SE2d 83 ) (2000). 7 Mann v. State, 240 Ga. App. 809, 811 (3) ( 524 SE2d 763 ) (1999). 8 Hines v. State, 248 Ga. App. 752, 756 ( 548 SE2d 642 ) (2001); Smith v. State, 207 Ga. App. 290, 291 (2) ( 428 SE2d 95 ) (1993). 9 Gordon v. State, 273 Ga. 373, 377 (4) ( 541 SE2d 376 ) (2001). 10 (Citation and punctuation omitted.) Rash v. State, 207 Ga. App. 585, 587 (5) ( 428 SE2d 799 ) (1993). 11 Jones v. State, 272 Ga. 884, 887 (4) ( 536 SE2d 511 ) (…
discussed Cited "see" RUTLEDGE v. the STATE. (2×)
Ga. Ct. App. · 2019 · signal: see · confidence high
See Jones v. State , 272 Ga. 884 , 886 (2), 536 S.E.2d 511 (2000) (defendant knowingly and intelligently waived right to counsel where public defender testified that she informed defendant of the charge, possible sentences, and dangers of self-representation); Simpson v. State , 238 Ga. App. 109 , 112 (1), 517 S.E.2d 830 (1999) (knowing waiver where trial court advised defendant that it would be "extraordinarily unwise" to represent himself and where appointed counsel informed defendant of the dangers of self-representation).
examined Cited "see" MARTIN-ARGAW v. the STATE. (4×) also: Cited "see, e.g."
Ga. Ct. App. · 2017 · signal: see · confidence high
See *868 Jones v. State , 272 Ga. 884 , 886 (2), 536 S.E.2d 511 (2000) ; Wayne v. State , 269 Ga. 36 , 38 (2), 495 S.E.2d 34 (1998).
discussed Cited "see" Williams v. State
Ga. · 2015 · signal: see · confidence high
See Jones v. State, 272 Ga. 884, 886 (4) ( 546 SE2d 511 ) (2000). (b) We reject appellant’s assertion that the similar transactions evidence was improperly admitted into evidence because it was introduced solely for the improper purpose of placing his character in issue.
discussed Cited "see" McDonald v. State (2×)
Ga. Ct. App. · 2002 · signal: see · confidence high
See generally Jones v. State, 272 Ga. 884, 887 (4) ( 536 SE2d 511 ) (2000).
discussed Cited "see, e.g." Winston v. State (2×)
Ga. Ct. App. · 2004 · signal: see also · confidence medium
J., and Johnson, P. J., concur. 1 OCGA § 40-6-390 (a). 2 Klaub v. State, 255 Ga. App. 40, 42 (1) ( 564 SE2d 471 ) (2002). 3 Id. 4 Id. at 44 . 5 Fountain v. Thompson, 252 Ga. 256, 257 ( 312 SE2d 788 ) (1984). 6 Morgan v. State, 255 Ga. App. 58, 59 (1) ( 564 SE2d 467 ) (2002). 7 Phoukphanh v. State, 256 Ga. App. 580 ( 569 SE2d 259 ) (2002). 8 Bush v. State, 268 Ga. App. 200, 202 (2) ( 601 SE2d 511 ) (2004). 9 (Citation omitted.) Gamble v. State, 235 Ga. App. 777, 780 (4) ( 510 SE2d 69 ) (1998); see also Tucci v. State, 255 Ga. App. 474, 475 (1) ( 565 SE2d 831 ) (2002). 10 Tucci, supra; see also…
discussed Cited "see, e.g." Demons v. State (2×)
Ga. · 2004 · signal: see also · confidence medium
See also Jones v. State, 272 Ga. 884, 887 (4) ( 536 SE2d 511 ) (2000). 3.
examined Cited "see, e.g." Jackson v. State (3×)
Ga. Ct. App. · 2001 · signal: see also · confidence medium
See also Jones v. State, 272 Ga. 884, 886 (2) ( 536 SE2d 511 ) (2000). 8 Id. 9 Potter v. State, 273 Ga. 325 -326 ( 540 SE2d 184 ) (2001). 10 See Johnson v. State, 236 Ga. App. 61, 65 (3) (b) ( 510 SE2d 918 ) (1999) (“It is not deficient to fail to assert a frivolous objection.”). 11 From the evidence presented at the suppression hearing, the trial court, as factfinder, was authorized to find the affidavit valid.
Jones
v.
the State
S00A1387.
Supreme Court of Georgia.
Oct 10, 2000.
536 S.E.2d 511
Timothy W. Hoffman, for appellant., J. Tom Morgan, District Attorney, Barbara B. Conroy, Maria Murder-Ashley, Kristin L. Wood, Assistant District Attorneys, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Adam M. Hames, Assistant Attorney General, for appellee.
Carley.
Cited by 34 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 86%
Citer courts: Eleventh Circuit (1)
Carley, Justice.

A jury found Melvin Jones guilty of the felony murder of his three-month-old daughter while in the commission of the offense of[*885] cruelty to children. The trial court entered a judgment of conviction on the jury’s verdict and sentenced Jones to life imprisonment. The trial court denied Jones’ motion for new trial, and he appeals. [1]

1. Construed most favorably for the State, the evidence shows that, before the victim was born, Jones beat her mother, Tonya Andrews, in an effort to cause a miscarriage. He also used a belt or his hands to strike the three other young children in the family. Jones testified that, while Ms. Andrews was out, he grabbed the victim from her crib by one of her arms and dropped her about 15 inches above the bed, as he had done before. After Ms. Andrews returned, Jones threatened and yelled at her. When the baby began to cry, Jones went to check on her, and Ms. Andrews fell asleep. When Ms. Andrews awoke, Jones told her that the child was not breathing. Paramedics could not resuscitate the victim, who had been dead for about 30 minutes. Jones began crying and said it was his fault. The medical examiner testified that, although the victim otherwise was in good health, one of her ribs was broken within the 24 hours preceding her death, and two others were broken two to three weeks earlier. The cause of death was a subdural hematoma, resulting from a blunt trauma to the head likely occurring between 12 and 16 hours prior to death. There was also evidence of shaken baby syndrome, which probably contributed to the victim’s death. The evidence is sufficient to support a finding that, while the victim was in Jones’ care, he fatally struck or shook her. Carter v. State, 269 Ga. 420, 422 (1) (499 SE2d 63) (1998). Accordingly, a rational trier of fact could have found proof beyond a reasonable doubt of Jones’ guilt of felony murder while in the commission of child cruelty. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Johnson v. State, 269 Ga. 632 (501 SE2d 815) (1998); Carter v. State, supra. Compare Johnson v. State, 269 Ga. 840 (506 SE2d 374) (1998).

2. After Jones expressed dissatisfaction with the public defender appointed to represent him, the trial court released her but refused to appoint another attorney. Thereafter, the public defender and Jones reconciled, but Jones again became dissatisfied, and the trial court required that Jones either accept representation by the public defender or represent himself. Jones chose to act as his own attorney, but contends on appeal that he did not validly waive his right to counsel and that the trial court should have appointed a new attor[*886] ney to represent him.

Jones denies that he engaged in any dilatory tactics and he relies upon the trial court’s failure to establish, as suggested by Raines v. State, 242 Ga. App. 727, 729 (1) (531 SE2d 158) (2000), that he apprehended the nature of the charges, the range of allowable punishments, potential defenses and mitigating circumstances, and any possible lesser included offenses such as voluntary or involuntary manslaughter. However, this Court has held that it is not incumbent upon the trial court to make each of these inquiries. “The record need only reflect that the accused was made aware of the dangers of self-representation and nevertheless made a knowing and intelligent waiver. [Cits.]” Wayne v. State, 269 Ga. 36, 38 (2) (495 SE2d 34) (1998). The trial court was authorized to find that Jones set forth no justifiable basis for dissatisfaction with the public defender and, therefore, that he “was attempting to use the discharge and [appointment] of other counsel as a dilatory tactic, which was ‘the functional equivalent of a knowing and voluntary waiver of appointed counsel.’ ” Bryant v. State, 268 Ga. 616, 617 (2) (491 SE2d 320) (1997). See also Hobson v. State, 266 Ga. 638 (2) (469 SE2d 188) (1996). “ ‘The essential aim of the Sixth Amendment is to guarantee effective assistance of counsel, not to guarantee a defendant preferred counsel or counsel with whom a “meaningful relationship” can be established.’ [Cits.]” Battle v. State, 234 Ga. App. 143, 144 (2) (505 SE2d 573) (1998). Furthermore, the public defender testified that she made Jones fully aware of the nature of the charge, the possible sentences, and the dangers of self-representation. According to Jones’ own testimony, he completely understood that, if he rejected appointed counsel, he would have to represent himself. The trial court endeavored to convince Jones to accept the public defender, informing him and his mother about his right to counsel and the qualifications of the public defender. Under all the circumstances, we conclude that Jones knowingly and intelligently waived his right to counsel after he was made aware of the dangers of self-representation. Simpson v. State, 238 Ga. App. 109, 111-112 (1) (517 SE2d 830) (1999).

Jones further urges that the prosecutor’s failure to take a more active role invalidates the waiver of counsel. In making this contention, however, Jones erroneously assumes that he has the right to receive effective legal assistance from the prosecutor. The trial court is responsible for ensuring a valid waiver of counsel, and did so. See Wayne v. State, supra.

3. Jones urges that the trial court erred in failing to instruct on involuntary manslaughter. Throughout the trial, however, Jones took the position that he did not cause the fatal injury. See Mills v. State, 187 Ga. App. 79, 80 (3) (369 SE2d 283) (1988). Thus, there was no evidence to support such a charge. Moreover, Jones did not request[*887] an instruction on involuntary manslaughter. A trial court does not err in failing to give, sua sponte, an instruction on a lesser included offense in the absence of a written request therefor. Gadson v. State, 264 Ga. 280, 281 (2) (444 SE2d 305) (1994). Compare Tarvestad v. State, 261 Ga. 605 (409 SE2d 513) (1991) (failure to charge without request on sole defense, rather than lesser included offense).

Decided October 10, 2000. Timothy W. Hoffman, for appellant. J. Tom Morgan, District Attorney, Barbara B. Conroy, Maria Murder-Ashley, Kristin L. Wood, Assistant District Attorneys, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Adam M. Hames, Assistant Attorney General, for appellee.

4. Jones also contends that the trial court erred by admitting similar transaction evidence, because the State’s notice of intent to introduce this evidence was untimely under Uniform Superior Court Rule 31.3 and because the trial court made no specific findings in compliance with Williams v. State, 261 Ga. 640 (409 SE2d 649) (1991). Jones made no objection at trial on either of these grounds and, thus, has waived appellate review thereof. Murphy v. State, 270 Ga. 72, 73 (2) (a) (508 SE2d 399) (1998); Williams v. State, 267 Ga. 308, 310 (3) (477 SE2d 570) (1996).

Judgment affirmed.

All the Justices concur.
1

The crime occurred on July 24, 1995. The grand jury returned its indictment on October 17,1995. The jury found Jones guilty on August 22,1996, and, on the same day, the trial court entered the judgment of conviction and sentence. Jones filed a motion for new trial on September 6,1996, and amended it on September 9,1999, and February 9 and 11, 2000. The trial court denied that motion on February 28, 2000, and Jones filed a notice of appeal on March 28, 2000. The case was docketed in this Court on May 4, 2000 and submitted for decision on July 3, 2000.