Boyd v. State, 564 S.E.2d 185 (Ga. 2002). · Go Syfert
Boyd v. State, 564 S.E.2d 185 (Ga. 2002). Cases Citing This Book View Copy Cite
27 citation events (27 in the last 25 years) across 2 distinct courts.
Strongest positive: Mauldin v. State (gactapp, 2011-12-07)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 9 distinct citers.
cited Cited as authority (rule) Mauldin v. State
Ga. Ct. App. · 2011 · confidence medium
Boyd v. State, 275 Ga. 237, 238 (3) ( 564 SE2d 185 ) (2002); Butler v. State, 273 Ga. 380, 382-383 (5) ( 541 SE2d 653 ) (2001).
discussed Cited as authority (rule) Hamilton v. Shumpert
Ga. Ct. App. · 2009 · confidence medium
See id. at 386 (Carley, J., concurring). 19 Id. at 383-384 (8). 20 Supra. 21 Id. at 367 (2) (citation omitted; emphasis in original). 22 See, e.g., Moxley v. Moxley, 281 Ga. 326, 328 (6) ( 638 SE2d 284 ) (2006); Brown v. State, 278 Ga. 544, 547 (6) ( 604 SE2d 503 ) (2004); Boyd v. State, 275 Ga. 237, 238 (3) ( 564 SE2d 185 ) (2002); Warner v. State, 299 Ga. App. 56, 62 (5) ( 681 SE2d 624 ) (2009); Fradenburg v. State, 296 Ga. App. 860, 861-863 ( 676 SE2d 25 ) (2009); Hernandez v. State, 291 Ga. App. 562, 564 (1) ( 662 SE2d 325 ) (2008); Booker, supra at 408-409 . 23 The transcript places the i…
discussed Cited as authority (rule) Warner v. State
Ga. Ct. App. · 2009 · confidence medium
Adams and Doyle, JJ., concur. 1 OCGA § 16-8-41 (a). 2 OCGA § 16-11-106 (b) (1). 3 Davis v. State, 275 Ga. App. 714, 715 (1) ( 621 SE2d 818 ) (2005). 4 Looney v. State, 293 Ga. App. 639, 642 ( 667 SE2d 893 ) (2008). 5 Chapman v. United States, 365 U. S. 610 (81 SC 776, 5 LE2d 828) (1961). 6 Benjamin v. State, 172 Ga. App. 3, 3 (1) ( 321 SE2d 769 ) (1984). 7 Montgomery v. State, 155 Ga. App. 423, 424 (1) ( 270 SE2d 825 ) (1980). 8 State v. Fisher, 293 Ga. App. 228, 228-229 ( 666 SE2d 594 ) (2008). 9 Tate v. State, 264 Ga. 53, 54 (1) ( 440 SE2d 646 ) (1994). 10 Turner v. State, 246 Ga. App. 49,…
discussed Cited as authority (rule) McKenzie v. State
Ga. Ct. App. · 2008 · confidence medium
The jury found McKenzie not guilty of felony murder, possession of a knife during the commission of a crime, and cruelty to children. 2 See Brookshire v. State, 288 Ga. App. 766 ( 655 SE2d 332 ) (2007). 3 (Punctuation omitted.) Vergara v. State, 283 Ga. 175, 178 (1) ( 657 SE2d 863 ) (2008). 4 (Footnotes omitted.) Davenport v. State, 277 Ga. App. 758, 760 (1) ( 627 SE2d 133 ) (2006). 5 See Miranda v. Arizona, 384 U. S. 436 (86 SC 1602, 16 LE2d 694) (1966). 6 See Etterle v. State, 155 Ga. App. 210 (1) ( 270 SE2d 376 ) (1980) (trial court’s determination that confession was freely and voluntari…
discussed Cited as authority (rule) Fuller v. State
Ga. · 2005 · confidence medium
See Milich, Georgia Rules of Evidence, § 14.4 (2nd ed. 2002). 10 See Simpson v. State, 278 Ga. 336, 337 ( 602 SE2d 617 ) (2004). 11 Zellars v. State, 278 Ga. 481 ( 604 SE2d 147 ) (2004); DeLoach v. State, 272 Ga. 890, 891-892 ( 536 SE2d 153 ) (2000). 12 Pruitt v. State, 274 Ga. 708, 710 ( 559 SE2d 470 ) (2002). 13 Id. 14 Boyd v. State, 275 Ga. 237, 238 ( 564 SE2d 185 ) (2002); Mullins v. Thompson, 274 Ga. 366, 367 ( 553 SE2d 154 ) (2001); Butler v. State, 273 Ga. 380, 384 ( 541 SE2d 653 ) (2001).
discussed Cited as authority (rule) Zellars v. State
Ga. · 2004 · confidence medium
The case was submitted for decision on briefs on May 4, 2004. 2 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 Tuff v. State, 278 Ga. 91, 93, n. 11 ( 597 SE2d 328 ) (2004); Mason v. State, 274 Ga. 79, 81 ( 548 SE2d 298 ) (2001). 4 Tuff, 278 Ga. at 93, n. 11 ; Mason, 274 Ga. at 81 ; Smith v. State, 277 Ga. 213, 214-215 ( 586 SE2d 639 ) (2003). 5 Boyd v. State, 275 Ga. 237, 238 ( 564 SE2d 185 ) (2002).
discussed Cited as authority (rule) Culler v. State
Ga. · 2004 · confidence medium
We note that by statute, the State was obligated to make available to the defense those photographs it intended to use as evidence at trial, and there is no indication in the record (nor do appellants claim) that the State intended to use the undeveloped negatives as evidence. 5 OCGA § 17-16-6. 6 Watts v. State, 265 Ga. 888 ( 463 SE2d 696 ) (1995). 7 Carruthers v. State, 272 Ga. 306, 314 ( 528 SE2d 217 ) (2000). 8 OCGA § 16-5-21 (a) (2). 9 See Stobbart v. State, 272 Ga. 608, 611-612 ( 533 SE2d 379 ) (2000); Dunagan v. State, 269 Ga. 590, 592-593 ( 502 SE2d 726 ) (1998). 10 Happoldt v. State,…
examined Cited "see" Cochran v. State (7×)
Ga. · 2003 · signal: accord · confidence high
Accord Pace v. State, 274 Ga. 69, 70-71 ( 548 SE2d 307 ) (2001). 275 Ga. 237 ( 564 SE2d 185 ) (2002).
discussed Cited "see, e.g." Brown v. State (2×)
Ga. · 2004 · signal: see also · confidence medium
See also Boyd v. State, 275 Ga. 237, 238 (3) ( 564 SE2d 185 ) (2002).
Boyd
v.
the State
S02A0831.
Supreme Court of Georgia.
May 28, 2002.
564 S.E.2d 185
Elaine T. McGruder, for appellant., Paul L. Howard, Jr., District Attorney, Bettieanne C. Hart, Christopher M. Quinn, Assistant District Attorneys, Thurbert E. Baker, Attorney General, Wylencia H. Monroe, Assistant Attorney General, for appellee.
Hunstein.
Cited by 11 opinions  |  Published
Hunstein, Justice.

Walter Boyd was convicted of malice murder, two counts of felony murder, four counts of aggravated assault, four counts of false imprisonment, and possession of a firearm during the commission of a crime. He appeals from the denial of his motion for new trial. [1]

1. The evidence adduced at trial authorized the jury to find that around 11:00 p.m. on December 31, 1997 appellant and Cedric Love engaged in an altercation wherein appellant received an injury to his hand from Love. During the argument appellant told Love that he was going to “kill him.” Five hours later, appellant entered Love’s apartment carrying an assault rifle and told the four people playing cards in the front room to “get on the ground. Fixing to do this real quick and easy.” Love emerged from the back bedroom carrying a .38 handgun and fired a shot toward appellant. Appellant fired at least three shots at Love as Love was fleeing to the bedroom. Witnesses saw Love fall and attempt to pull himself into the bedroom. One witness inside the apartment then overheard appellant say to a companion “I got that p— n — . I got him buddy. Let’s go.” Love died of a gun shot that entered his chest and traveled through his lung and spine, breaking the spinal column in two.

We find this evidence sufficient to enable a rational trier of fact to find appellant guilty of the crimes charged beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2. Appellant contends that the trial court erred by admitting evidence of a similar transaction, claiming that the past act was not proved by the State to be similar to the crime charged. Dwayne Richardson testified that ten months prior to Love’s murder, appellant shot at him with an assault rifle at the same apartment complex where Love’s murder occurred after appellant had a dispute with Richardson and his wife. Appellant’s contention that this prior act of violence was not probative of a pattern of behavior and the details of the prior act were not sufficiently similar to be probative is unper[*238] suasive, as the evidence was probative of appellant’s course of conduct and bent of mind in resolving disputes. We find no error in the admission of this evidence under the standard set forth in Williams v. State, 261 Ga. 640 (2) (b) (409 SE2d 649) (1991). See also Willingham v. State, 268 Ga. 64 (3) (485 SE2d 735) (1997).

Decided May 28, 2002. Elaine T. McGruder, for appellant. Paul L. Howard, Jr., District Attorney, Bettieanne C. Hart, Christopher M. Quinn, Assistant District Attorneys, Thurbert E. Baker, Attorney General, Wylencia H. Monroe, Assistant Attorney General, for appellee.

3. Appellant contends the trial court committed reversible error by denying his motion for a mistrial after the prosecutor allegedly implied that appellant was involved in drugs. Appellant failed to object and seek a mistrial at the time the alleged improper argument occurred. Rather, the motion for mistrial based upon improper argument was made at the conclusion of the trial, after argument and jury charges had concluded and the jury had retired. Accordingly, the motion was not timely. Mullins v. Thompson, 274 Ga. 366 (2) (553 SE2d 154) (2001); Butler v. State, 273 Ga. 380, 384 (8) (541 SE2d 653) (2001).

Judgment affirmed.

All the Justices concur.
1

The homicide occurred on January 1, 1998. Boyd was indicted in Fulton County on August 21, 1998 on charges of murder, felony murder, aggravated assault, false imprisonment and possession of a firearm during the commission of a crime. His motion for directed verdict as to one count of false imprisonment was granted by the trial court and on July 16, 1999 he was found guilty of the remaining charges, except one count of aggravated assault. He was sentenced to life imprisonment for the murder, 20-year concurrent sentences for each count of aggravated assault, ten-year concurrent sentences for each false imprisonment count, and a consecutive five-years for possession of a firearm. His motion for new trial filed on July 20, 1999 was denied September 21, 2001. A notice of appeal was filed October 5, 2001. The appeal was docketed in this Court on February 19, 2002 and was submitted for decision without oral argument.