Carreker v. State, 541 S.E.2d 364 (Ga. 2001). · Go Syfert
Carreker v. State, 541 S.E.2d 364 (Ga. 2001). Cases Citing This Book View Copy Cite
33 citation events (33 in the last 25 years) across 3 distinct courts.
Strongest positive: Darnell Craw v. State (gactapp, 2023-09-19)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 11 distinct citers. How cited ↗
discussed Cited as authority (rule) Darnell Craw v. State
Ga. Ct. App. · 2023 · confidence medium
This contention is a nonstarter, A charge on mutual combat is warranted only when “the combatants are armed with deadly weapons and mutually agree to fight.”20 But if there is any evidence from which the jury “could have found that both parties intended to resolve their differences by fighting each other with deadly weapons, there is no error in giving a 18 Millen v. State, 267 Ga. App. 879, 881 (2) (a) (i) ( 600 SE2d 604 ) (2004); see Nations v. State, 345 Ga. App. 92 , 100 (3) ( 812 SE2d 346 ) (2018) (“It is axiomatic that a jury charge must be adjusted to the evidence, apt, and a co…
cited Cited as authority (rule) Williams v. State
Ga. · 2020 · confidence medium
Carreker v. State, 273 Ga. 371, 372 ( 541 SE2d 364 ) (2001).
discussed Cited as authority (rule) JOHNSON v. the STATE.
Ga. Ct. App. · 2019 · confidence medium
Gobeil and Hodges, JJ., concur. 1 See, e.g. , Powell v. State , 310 Ga. App. 144 , 144, 712 S.E.2d 139 (2011). 2 The medical examiner explained that a stab wound is deeper within the body than it is long on the surface of the body, while an incised wound is longer on the surface of the body than its depth within the body. 3 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). 4 Chapman v. State , 273 Ga. 348 , 349-50 (2), 541 S.E.2d 634 (2001) ; see Strickland , 466 U.S. at 687 (III), 104 S.Ct. 2052 ; Ashmid v. State , 316 Ga. App. 550 , 556 (3), 730 S.E.2d 37 (2012) ("[F]irst, appellant mus…
discussed Cited "see" Marreese Hudson v. State (2×)
Ga. Ct. App. · 2014 · signal: accord · confidence high
Accord Carreker v. State, 273 Ga. 371, 372 (2) ( 541 SE2d 364 ) (2001) (mutual combat charge authorized where evidence showed “both parties intended to resolve their differences by fighting each other”).
discussed Cited "see" Hudson v. State (2×)
Ga. Ct. App. · 2014 · signal: accord · confidence high
Accord Carreker v. State, 273 Ga. 371, 372 (2) ( 541 SE2d 364 ) (2001) (mutual combat charge authorized where evidence showed “both parties intended to resolve their differences by fighting each other”).
discussed Cited "see" Peterson v. State (2×)
Ga. · 2007 · signal: see · confidence high
See Carreker v. State, 273 Ga. 371, 372 (3) ( 541 SE2d 364 ) (2001); Whatley v. State, 270 Ga. 296, 301 (13) ( 509 SE2d 45 ) (1998).
discussed Cited "see" Edge v. State (2×)
Ga. · 2002 · signal: see · confidence high
See Carreker v. State, 273 Ga. 371 ( 541 SE2d 364 ) (2001). 3 Jackson v. Denno, 378 U. S. 368 (84 SC 1774, 12 LE2d 908) (1964). 4 Miranda v. Arizona, 384 U. S. 436 (86 SC 1602, 16 LE2d 694) (1966).
discussed Cited "see, e.g." Sanjay Stewartson v. State (2×)
Ga. Ct. App. · 2024 · signal: compare · confidence low
Compare Carreker v. State, 273 Ga. 371 (2) ( 541 SE2d 364 ) (2001) (mutual combat charge authorized where evidence shows “both parties intended to resolve their differences by fighting each other”).
discussed Cited "see, e.g." Jerome Campbell v. State
S.C. Ct. App. · 2023 · signal: see, e.g. · confidence low
See, e.g., Carreker v. State, 541 S.E.2d 364 , 365– 66 (Ga. 2001) (approving mutual combat charge where the defendant, in response to learning that the victim had threatened the defendant's brother with a rifle, armed himself, made threats to harm the victim to several witnesses, gathered a group, traveled to the victim's property, and fatally shot him); Millen v. State, 600 S.E.2d 604 , 608–09 (Ga. Ct. App. 2004) (finding the evidence supported a mutual combat charge when the victim and the defendant had been quarrelling throughout the evening, the victim's son arrived with a rifle, the d…
discussed Cited "see, e.g." Carruth v. State (2×)
Ga. · 2012 · signal: compare · confidence low
Compare Carreker v. State, 273 Ga. 371 (2) ( 541 SE2d 364 ) (2001) (mutual combat charge authorized where evidence shows “both parties intended to resolve their differences by fighting each other”).
discussed Cited "see, e.g." Millen v. State (2×)
Ga. Ct. App. · 2004 · signal: see also · confidence medium
Accordingly, the motion for reconsideration is denied. 1 The jury also found Millen guilty of felony murder and aggravated assault, but the trial court ruled that those counts merged into the voluntary manslaughter conviction. 2 (Emphasis supplied.) Spence v. State, 233 Ga. 527, 528 (1) ( 212 SE2d 357 ) (1975); see also Shirley v. State, 260 Ga. App. 309, 310-311 (1) ( 581 SE2d 320 ) (2003). 3 Suggs v. State, 272 Ga. 85, 87 (4) ( 526 SE2d 347 ) (2000). 4 Id. at 88 . 5 Turner v. State, 245 Ga. App. 294, 299 (4) (i) ( 536 SE2d 814 ) (2000). 6 Vanwinkle v. State, 263 Ga. App. 19, 20 (2) ( 587 SE2…
Retrieving the full opinion text from the archive…
Carreker
v.
the State
S01A0001.
Supreme Court of Georgia.
Jan 22, 2001.
541 S.E.2d 364
Robert L. Wadkins, for appellant., J. Gray Conger, District Attorney, Mark C. Post, Assistant District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Tammie J. Philbrick, Assistant Attorney General, for appellee.
Hunstein.
Cited by 16 opinions  |  Published
Hunstein, Justice.

Stacy Carreker was convicted of murder, aggravated assault and possession of a firearm during the commission of a crime arising out of the shooting death of Verdell Willis. [1] Finding no error in the trial court’s evidentiary rulings or its instructions to the jury, we affirm.

1. The jury was authorized to find that after Carreker’s teenage brother had a gang-related fight with a girl at school, the brother taunted the girl’s cousin, Verdell Willis, at a nearby parking lot, prompting an altercation during which Willis allegedly pointed a rifle at the brother. Carreker was enraged when he learned about the incident and made statements to various witnesses indicating his intent to harm Willis in retaliation. Carreker gathered other members of his gang, borrowed a gun and drove with four men to the Willis home within thirty minutes of learning about the incident. The victim was outside retrieving an item from his truck. Carreker shouted at the victim and then fired a .38 caliber handgun at Willis through a car window. Willis, who was hit in the chest, fired a shot from his rifle before succumbing to his fatal injury. Carreker testified at trial that in response to Carreker asking the victim if he could talk[*372] to him, the victim reached for his rifle, aimed it at Carreker’s car and fired it before Carreker shot him and fled the scene.

Decided January 22, 2001. Robert L. Wadkins, for appellant. J. Gray Conger, District Attorney, Mark C. Post, Assistant Dis [*373] trict Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Tammie J. Philbrick, Assistant Attorney General, for appellee.

[*372] The jury determines the credibility of witnesses, OCGA § 24-9-80, and also decides whether the use of deadly force was justified. Akins v. State, 269 Ga. 838 (1) (504 SE2d 196) (1998). The evidence adduced was sufficient to authorize a rational trier of fact to find beyond a reasonable doubt that Carreker did not act in self-defense when he shot the victim and that he was guilty of malice murder, aggravated assault and possession of a firearm during the commission of a crime. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2. The trial court did not err by charging the jury as to the law of mutual combat. There was some evidence from which the jury could have found that both parties intended to resolve their differences by fighting each other with deadly weapons, thus justifying the giving of the mutual combat charge. See Sinkfield v. State, 266 Ga. 726 (2) (470 SE2d 649) (1996). We find no error in the charge as given, which tracked almost verbatim the suggested pattern jury charge. Contrary to Carreker’s contention, the principles of mutual combat set forth in the pattern charge are well based in Georgia law. See OCGA § 16-3-21 (b) (3).

3. After careful review of the trial transcript, we conclude that the prosecutor’s questions to Carreker during cross-examination were proper to challenge Carreker’s truthfulness, Dorsey v. State, 259 Ga. 809 (3) (387 SE2d 889) (1990), and served to emphasize the conflict in the evidence. Whatley v. State, 270 Ga. 296 (13) (509 SE2d 45) (1998). We note that the trial court charged the jury thoroughly regarding the determination of witness credibility. Id.

4. We do not agree with Carreker that the trial court erred by including in its charge on voluntary manslaughter the language addressing the legal effect of a cooling-off period between the provocation and the killing. See OCGA § 16-5-2 (a). Contrary to Carreker’s contention, there was evidence to support the giving of that challenged language, in that the jury would have been authorized to find that a possible provocation for the attack on the victim was Carreker’s anger when he learned of the earlier conflict between his brother and the victim. See generally Watkins v. State, 191 Ga. App. 325 (2) (382 SE2d 107) (1989) (charge on voluntary manslaughter proper when supported by any evidence).

Judgment affirmed.

All the Justices concur.
1

The crimes occurred on February 11,1999. Carreker was indicted May 3,1999 in Talbot County. He was found guilty on December 3, 1999 and was sentenced that day to life imprisonment with a concurrent twenty-year sentence on the aggravated assault conviction and a consecutive five-year sentence on the possession charge. His notice of appeal was filed December 20, 1999. The appeal was originally docketed in the Court of Appeals and was transferred by order to this Court on August 30, 2000. The case was submitted for decision on the briefs.