Ware v. State, 537 S.E.2d 657 (Ga. 2000). · Go Syfert
Ware v. State, 537 S.E.2d 657 (Ga. 2000). Cases Citing This Book View Copy Cite
“absent a proffer of what the testimony of an expert would have been at trial, a defendant cannot show that there is a reasonable probability that the outcome of the trial would have been different had counsel taken the suggested course.”
54 citation events (54 in the last 25 years) across 2 distinct courts.
Strongest positive: Puckett v. the State (gactapp, 2017-08-09)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 21 distinct citers. How cited ↗
examined Cited as authority (quoted) Puckett v. the State (4×) also: Cited "see"
Ga. Ct. App. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
absent a proffer of what the testimony of an expert would have been at trial, a defendant cannot show that there is a reasonable probability that the outcome of the trial would have been different had counsel taken the suggested course.
discussed Cited as authority (rule) Lee v. State
Ga. Ct. App. · 2012 · confidence medium
“To establish the prejudicial effect of counsel’s failure to present certain evidence, one is required to make an affirmative showing that specifically demonstrates how counsel’s failure would have affected the outcome of the case.” (Citation and punctuation omitted.) Ware v. State, 273 Ga. 16, 17-18 (3) ( 537 SE2d 657 ) (2000).
discussed Cited as authority (rule) Victor Lee v. State
Ga. Ct. App. · 2012 · confidence medium
“To establish the prejudicial effect of counsel’s failure to present certain evidence, one is required to make an affirmative showing that specifically demonstrates how counsel’s failure would have affected the outcome of the case.” (Citation and punctuation omitted.) Ware v. State, 273 Ga. 16, 17-18 (3) ( 537 SE2d 9 657) (2000).
discussed Cited as authority (rule) In the Interest of D. S.
Ga. Ct. App. · 2010 · confidence medium
To establish the prejudicial effect of trial counsel’s failure to present certain evidence, an appellant “is required to make an affirmative showing that specifically demonstrates how counsel’s failure would have affected the outcome of the case.” (Citation and punctuation omitted.) Ware v. State, 273 Ga. 16, 17 (3) ( 537 SE2d 657 ) (2000).
discussed Cited as authority (rule) In Re Ds
Ga. Ct. App. · 2010 · confidence medium
To establish the prejudicial effect of trial counsel's failure to present certain evidence, an appellant "is required to make an affirmative showing that specifically demonstrates how counsel's failure would have affected the outcome of the case." (Citation and punctuation omitted.) Ware v. State, 273 Ga. 16, 17 (3), 537 S.E.2d 657 (2000).
discussed Cited as authority (rule) Harris v. State
Ga. Ct. App. · 2007 · confidence medium
See also Loughridge v. State, 201 Ga. 513, 515-516 (3) ( 40 SE2d 544 ) (1946) (same); Ware v. State, 273 Ga. 16, 17 (2) ( 537 SE2d 657 ) (2000) (evidence of defendant’s disciplinary problems was admissible to prove motive).
cited Cited as authority (rule) Pringle v. State
Ga. Ct. App. · 2006 · confidence medium
(Citation and punctuation omitted.) Ware v. State, 273 Ga. 16, 17-18 (3) ( 537 SE2d 657 ) (2000).
discussed Cited as authority (rule) Pringle v. State
Ga. Ct. App. · 2006 · confidence medium
Accord Bradford v. State, 274 Ga. App. 659, 660 (1) ( 618 SE2d 709 ) (2005); Eady v. State, 273 Ga. App. 261, 262 ( 614 SE2d 868 ) (2005). 4 We note that the trial court’s reference in its order denying the motion for new trial to the sufficiency of Pringle’s guilt “as a party to the crime of felony murder” appears to he a typographical error. 5 (Citation and punctuation omitted.) Hudson v. State, 218 Ga. App. 671, 672 (1) ( 462 SE2d 775 ) (1995). 6 See Brown a State, 225 Ga. App. 49, 51 (1) (b) ( 483 SE2d 318 ) (1997). 7 (Citation and punctuation omitted.) Ware v. State, 273 Ga. 16, 1…
discussed Cited as authority (rule) Corbett v. State
Ga. Ct. App. · 2006 · confidence medium
To establish the prejudicial effect of trial counsel’s failure to present certain evidence, an appellant “is required to make an affirmative showing that specifically demonstrates how counsel’s failure would have affected the outcome of the case.” (Citation and punctuation omitted.) Ware v. State, 273 Ga. 16, 17 (3) ( 537 SE2d 657 ) (2000).
discussed Cited as authority (rule) Banks v. State
Ga. Ct. App. · 2004 · confidence medium
Harris, Assistant District Attorneys, for appellee. 1 OCGA § 16-5-40. 2 OCGA § 16-8-41 (a). 3 OCGA § 16-5-21 (a). 4 OCGA § 16-7-1 (a). 5 OCGA § 16-11-106 (b). 6 Morgan v. State, 255 Ga. App. 58 (1) ( 564 SE2d 467 ) (2002). 7 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 8 Hood v. State, 245 Ga. App. 391 (1) ( 537 SE2d 788 ) (2000). 9 Parks v. State, 257 Ga. App. 25 (1) ( 570 SE2d 350 ) (2002). 10 Lane v. State, 255 Ga. App. 274, 276 ( 564 SE2d 857 ) (2002). 11 Scott v. State, 185 Ga. App. 887 (1) ( 366 SE2d 196 ) (1988). 12 Hawes v. State, 266 Ga. 731, 732-733 (2) (…
discussed Cited as authority (rule) Wright v. State
Ga. Ct. App. · 2004 · confidence medium
“To establish the prejudicial effect of trial counsel’s failure to present certain evidence, an appellant ‘is required to make an affirmative showing that specifically demonstrates how counsel’s failure would have affected the outcome of the case.’ (Citation and punctuation omitted.) Ware v. State, 273 Ga. 16, 17 (3) ( 537 SE2d 657 ) (2000).” Cupe v. State, 253 Ga. App. 851, 856 (3) (e) ( 560 SE2d 700 ) (2002).
discussed Cited as authority (rule) Roebuck v. State (2×)
Ga. · 2003 · confidence medium
Ware v. State, 273 Ga. 16, 18 (4), 537 S.E.2d 657 (2000). 4.
cited Cited as authority (rule) Napier v. State
Ga. · 2003 · confidence medium
Ware v. State, 273 Ga. 16, 17 ( 537 SE2d 657 ) (2000); Collins v. State, 273 Ga. 30, 31 ( 538 SE2d 34 ) (2000).
discussed Cited as authority (rule) Nixon v. State
Ga. Ct. App. · 2002 · confidence medium
Andrews, P. J., and Mikell, J., concur. 1 Brantley v. State, 230 Ga. App. 651, 652 (3) ( 497 SE2d 399 ) (1998). 2 Ware v. State, 273 Ga. 16, 17-18 (3) ( 537 SE2d 657 ) (2000). 3 See generally Kimbrough v. State, 215 Ga. App. 303, 305 (5) ( 450 SE2d 457 ) (1994). 4 Avans v. State, 251 Ga. App. 575 ( 554 SE2d 766 ) (2001); Muff v. State, 210 Ga. App. 309, 311 (2) ( 436 SE2d 47 ) (1993). 5 See Edwards v. State, 224 Ga. App. 332, 334 (3) (a) ( 480 SE2d 246 ) (1997). 6 See Gremillion v. State, 233 Ga. App. 393, 396 (3) ( 504 SE2d 265 ) (1998); McNair v. State, 226 Ga. App. 516, 517 (1) ( 487 SE2d 1…
discussed Cited as authority (rule) Hamby v. State
Ga. Ct. App. · 2002 · confidence medium
W Kendall Wynne, Jr., District Attorney, for appellee. 1 See OCGA § 40-6-180. 2 Ware v. State, 273 Ga. 16, 17-18 (3) ( 537 SE2d 657 ) (2000). 3 Higgins v. State, 251 Ga. App. 175, 178 (3) ( 554 SE2d 212 ) (2001). 4 See Diamond v. State, 267 Ga. 249, 251 (3) (b) ( 477 SE2d 562 ) (1996); compare Gilpatrick v. State, 226 Ga. App. 692 ( 487 SE2d 461 ) (1997) (trial court erred in sentencing defendant for the separate offense of speeding since it considered this offense as the direct and proximate cause of the vehicular homicide).
cited Cited as authority (rule) Stafford v. State
Ga. · 2002 · confidence medium
Ware v. State, 273 Ga. 16, 17 (2) ( 537 SE2d 657 ) (2000).
discussed Cited as authority (rule) Cupe v. State (2×) also: Cited "see"
Ga. Ct. App. · 2002 · confidence medium
To establish the prejudicial effect of trial counsel’s failure to present certain evidence, an appellant “is required to make an affirmative showing that specifically demonstrates how counsel’s failure would have affected the outcome of the case.” (Citation and punctuation omitted.) Ware v. State, 273 Ga. 16, 17 (3) ( 537 SE2d 657 ) (2000).
cited Cited as authority (rule) Hufstetler v. State
Ga. · 2001 · confidence medium
Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Ware v. State, 273 Ga. 16, 17 (1) ( 537 SE2d 657 ) (2000). 2.
examined Cited "see" Wright v. State (4×)
Ga. · 2003 · signal: see · confidence high
See Ware v. State, 273 Ga. 16, 17 (2) ( 537 SE2d 657 ) (2000); Hall v. State, 264 Ga. 85, 86 (2) ( 441 SE2d 245 ) (1994).
discussed Cited "see" Bryant v. State (2×)
Ga. · 2002 · signal: see · confidence high
See Ware v. State, 273 Ga. 16, 17 (3) ( 537 SE2d 657 ) (2000).
discussed Cited "see" Mullinax v. State (2×)
Ga. · 2001 · signal: see · confidence high
See Ware v. State, 273 Ga. 16 (2) ( 537 SE2d 657 ) (2000); Johnson v. State, 260 Ga. 457 (2) ( 396 SE2d 888 ) (1990). 4.
Retrieving the full opinion text from the archive…
Ware
v.
the State
S00A0884.
Supreme Court of Georgia.
Oct 23, 2000.
537 S.E.2d 657
Mathis, Cannon & Cormack, Billy C. Mathis, Jr., Caroline A. Cormack, for appellant., Kenneth B. Hodges III, District Attorney, Bradford R. Pierce, Assistant District Attorney, Thurbert E. Baker, Attorney General, Adam M. Hames, Assistant Attorney General, for appellee.
Benham.
Cited by 25 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 71%
Citer courts: Court of Appeals of Georgia (1)
Benham, Chief Justice.

This appeal is from Vincent Ware’s convictions for murder and possession of a firearm during the commission of a crime. [1] Ware[*17] admittedly shot and killed his uncle and legal guardian, Roy Martin. His defense was justification based on battered person syndrome. During his testimony, the person hired by trial counsel to support the defense with expert testimony discounted the validity of the syndrome. The jury found Ware guilty and the trial court denied his motion for new trial.

1. The evidence adduced at trial was sufficient to authorize a rational trier of fact to find Ware guilty beyond a reasonable doubt of the crimes charged. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Pugh v. State, 260 Ga. 874 (1) (401 SE2d 270) (1991), overruled on other grounds, Smith v. State, 268 Ga. 196, 199 (486 SE2d 819) (1997).

2. The State presented testimony from Martin’s girlfriend, his brother, and Ware’s mother to establish that Ware was living with Martin because he had disciplinary problems at school and at home. Ware complains that the testimony improperly put his character in issue and should have been excluded.

Without deciding whether testimony regarding disciplinary problems in school places a defendant’s character in issue, we conclude that the admission of the testimony was not error. The State’s theory of the case was that Ware was committed to his uncle’s care by his mother because of disciplinary problems at school and at home, and that the problems continued and strained the relationship between Ware and his uncle, culminating in the killing. Thus, testimony concerning Ware’s problems with discipline were relevant to his presence in his uncle’s home and to his motive for killing his uncle. “Evidence which is relevant to an issue in a case is not rendered inadmissible by the fact that it incidentally puts the defendant’s character in issue. [Cit.]” Johnson v. State, 260 Ga. 457 (2) (396 SE2d 888) (1990).

3. Ware enumerates as error the trial court’s denial of his motion for new trial, in which he contended he was denied effective assistance of counsel at trial. Ware bases his claim on counsel’s failure to check the credentials of the witness she engaged to present expert testimony. However, as was the situation in Gosdin v. State, 272 Ga. 205 (4) (528 SE2d 230) (2000), even if it could be said that the performance of trial counsel was deficient, Ware cannot demonstrate he was prejudiced. To establish the prejudicial effect of counsel’s failure to present certain evidence, one “is required to make an affirmative showing that specifically demonstrates how counsel’s failure would have affected the outcome of [the] case.” Goodwin v. Cruz-Padillo, 265[*18] Ga. 614, 615 (458 SE2d 623) (1995). Because Ware’s post-conviction counsel failed at the hearing on the motion for new trial to make any proffer of expert testimony supporting the justification defense, Ware cannot show there is a reasonable probability the results of the proceedings would have been different. “Absent a proffer of what the testimony of [an] expert would have been at trial, [a defendant] cannot show that there is a reasonable probability that the outcome of the trial would have been different had . . . counsel taken the suggested course.” Madge v. State, 245 Ga. App. 848, 851 (538 SE2d 907) (2000). Accordingly, we are constrained to hold that Ware has not shown on appeal that the trial court’s denial of the motion for new trial on the ground of ineffective assistance of counsel was clearly erroneous.

Decided October 23, 2000. Mathis, Cannon & Cormack, Billy C. Mathis, Jr., Caroline A. Cormack, for appellant. Kenneth B. Hodges III, District Attorney, Bradford R. Pierce, Assistant District Attorney, Thurbert E. Baker, Attorney General, Adam M. Hames, Assistant Attorney General, for appellee.

4. Finally, although he alleges no bad faith on the part of the prosecution, and suggests no particular prejudice to his defense, Ware argues that the trial court erred in admitting evidence which Ware contends was not made known to the defense in accordance with the reciprocal discovery provisions of OCGA § 17-16-1 et seq. The challenged evidence consisted of a note written by Ware and a videotape of the crime scene which was made with Ware’s participation. The note was provided to trial counsel the day before trial, and the videotape was made known to trial counsel by the State on the morning of trial. When Ware raised the issue of nondisclosure after jury selection, the trial court gave trial counsel an opportunity to review the videotape before trial began.

This is a permissible response to the State’s failure to comply with criminal discovery provisions. [Cit.] Moreover, the evidence would be inadmissible only if [Ware] could show both prejudice and bad faith. [Cits.] Because he showed neither, the trial court properly admitted the evidence after allowing his attorney the opportunity to inspect it.

Felder v. State, 270 Ga. 641 (6) (514 SE2d 416) (1999).

Judgment affirmed.

All the Justices concur.
1

The crime occurred on January 8,1998, and Ware was indicted on March 19, 1998, for malice murder and possession of a firearm during the commission of a crime. His trial, commenced on September 21, 1998, concluded on September 24 with his conviction on both counts. The trial court sentenced Ware to life imprisonment for the murder and to a consecutive term of five years for the firearm possession charge. Ware’s motion for new trial, filed October 15, 1998, and amended June 18, 1999, was heard on June 23 of that year and was denied on July 2, 1999. A motion for out-of-time appeal filed on January 12, 2000, was[*17] granted on January 18, 2000, and Ware’s notice of appeal was filed on January 21, 2000. The appeal was docketed in this Court on February 15, 2000, and was submitted for decision on the briefs.