Fielding v. State, 602 S.E.2d 597 (Ga. 2004). · Go Syfert
Fielding v. State, 602 S.E.2d 597 (Ga. 2004). Cases Citing This Book View Copy Cite
“an expert witness is anyone who, through training, 661 education, skill, or experience, has particular knowledge that the average juror would not possess concerning questions of science, skill, trade, or the like.”
74 citation events (74 in the last 25 years) across 3 distinct courts.
Strongest positive: Walsh v. State (ga, 2018-03-05)
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 30 distinct citers.
examined Cited as authority (quoted) Walsh v. State (2×) also: Cited "see"
Ga. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
if, after qualifying a witness as an expert but without a formal tender, counsel proceeds to ask for expert opinion evidence, the trial court has tacitly or impliedly accepted the witness as an expert.
examined Cited as authority (quoted) Walsh v. State (2×) also: Cited "see"
Ga. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
if, after qualifying a witness as an expert but without a formal tender, counsel proceeds to ask for expert opinion evidence, the trial court has tacitly or impliedly accepted the witness as an expert.
examined Cited as authority (quoted) Smith v. the State (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2017 · quote attribution · 1 verbatim quote · confidence low
an expert witness is anyone who, through training, 661 education, skill, or experience, has particular knowledge that the average juror would not possess concerning questions of science, skill, trade, or the like.
examined Cited as authority (quoted) Pepe-Frazier v. State (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2015 · quote attribution · 1 verbatim quote · confidence low
an expert witness is anyone who, through training, education, skill, or experience, has particular knowledge that the average juror would not possess concerning questions of science, skill, trade, or the like.
examined Cited as authority (quoted) David Pepe-Frazier v. State (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2015 · quote attribution · 1 verbatim quote · confidence low
an expert witness is anyone who, through training, education, skill, or experience, has particular knowledge that the average juror would not possess concerning questions of science, skill, trade, or the like.
discussed Cited as authority (rule) William Chad Randolph v. State of Alabama (Appeal from Greene Circuit Court: CC-21-12)
Ala. Crim. App. · 2024 · confidence medium
If, after qualifying a witness as an expert but without a formal tender, counsel proceeds to ask for expert opinion evidence, the trial court has tacitly or impliedly accepted the witness as an expert." 17 CR-2024-0091 Fielding v. State, 278 Ga. 309, 311 , 602 S.E.2d 597, 600 (2004).
cited Cited as authority (rule) Joseph Reyes v. State
Ga. Ct. App. · 2020 · confidence medium
(Citation omitted.) Fielding v. State, 278 Ga. 309, 311 (3) ( 602 SE2d 597 ) (2004).
cited Cited as authority (rule) Joe Thomas v. State
Ga. Ct. App. · 2013 · confidence medium
(Footnotes omitted.) Fielding v. State, 278 Ga. 309, 311 (3) ( 602 SE2d 597 ) (2004).
cited Cited as authority (rule) Thomas v. State
Ga. Ct. App. · 2013 · confidence medium
(Footnotes omitted.) Fielding v. State, 278 Ga. 309, 311 (3) ( 602 SE2d 597 ) (2004).
cited Cited as authority (rule) Carter v. State
Ga. Ct. App. · 2013 · confidence medium
(Footnotes omitted.) Fielding v. State, 278 Ga. 309, 311 (3) ( 602 SE2d 597 ) (2004).
cited Cited as authority (rule) Michael J. Carter v. State
Ga. Ct. App. · 2013 · confidence medium
(Footnotes omitted.) Fielding v. State, 278 Ga. 309, 311 (3) ( 602 SE2d 597 ) (2004).
cited Cited as authority (rule) Butler v. State
Ga. · 2013 · confidence medium
Fielding v. State, 278 Ga. 309, 311 (3) ( 602 SE2d 597 ) (2004).
cited Cited as authority (rule) Antoine Smith v. State
Ga. Ct. App. · 2013 · confidence medium
(Footnotes omitted.) Fielding v. State, 278 Ga. 309, 311 (3) ( 602 SE2d 597 ) (2004).
cited Cited as authority (rule) Smith v. State
Ga. Ct. App. · 2013 · confidence medium
(Footnotes omitted.) Fielding v. State, 278 Ga. 309, 311 (3) ( 602 SE2d 597 ) (2004).
examined Cited as authority (rule) Wilson v. State (3×) also: Cited "see"
Ga. Ct. App. · 2012 · confidence medium
(Footnotes omitted.) Fielding v. State, 278 Ga. 309, 311 (3) ( 602 SE2d 597 ) (2004).
discussed Cited as authority (rule) Steven Wilson v. State (2×) also: Cited "see"
Ga. Ct. App. · 2012 · confidence medium
(Footnotes omitted.) Fielding v. State, 278 Ga. 309, 311 (3) ( 602 SE2d 597 ) (2004).
cited Cited as authority (rule) Stubblefield v. State
Ga. Ct. App. · 2010 · confidence medium
Fielding v. State, 278 Ga. 309, 311 ( 602 SE2d 597 ) (2004).
discussed Cited as authority (rule) Watkins v. State
Ga. · 2009 · confidence medium
“When ruling on a claim of ineffective assistance, this Court does not evaluate counsel’s trial tactics and strategic decisions in hindsight.” (Footnote omitted.) Fielding v. State, 278 Ga. 309, 311 (3) ( 602 SE2d 597 ) (2004).
discussed Cited as authority (rule) Hughes v. State
Ga. Ct. App. · 2009 · confidence medium
State, 214 Ga. App. 763, 764 (1) ( 449 SE2d 126 ) (1994). 7 Fielding v. State, 278 Ga. 309, 311 (3) ( 602 SE2d 597 ) (2004). 8 See Aldridge v. State, 237 Ga. App. 209, 212 (1) ( 515 SE2d 397 ) (1999).
cited Cited as authority (rule) Hubert v. State
Ga. Ct. App. · 2009 · confidence medium
State, 278 Ga. 309, 311 (3) ( 602 SE2d 597 ) (2004).
discussed Cited as authority (rule) Perry v. State
Ga. Ct. App. · 2008 · confidence medium
J., and Phipps, J., concur. 1 See Lott v. State, 281 Ga. App. 373 ( 636 SE2d 102 ) (2006). 2 (Footnote omitted.) Fielding v. State, 278 Ga. 309, 311 (3) ( 602 SE2d 597 ) (2004). 3 (Punctuation and footnote omitted.) Wright v. State, 233 Ga. App. 358, 359 (1) ( 504 SE2d 261 ) (1998). 4 Id. 5 Lott, supra at 375 (3). 6 Weems v. State, 268 Ga. 142, 144 (3) ( 485 SE2d 767 ) (1997) (“Whether, under the circumstances then existing, it was reasonable for Weems to believe that firing his gun was necessary to prevent his death or great bodily injury was not beyond the ken of the average juror.”). 7 …
discussed Cited as authority (rule) Hight v. State
Ga. Ct. App. · 2008 · confidence medium
“An expert witness is anyone who, through training, education, skill, or experience, has particular knowledge that the average juror would not possess concerning questions of science, skill, trade, or the like.” (Footnote omitted.) Fielding v. State, 278 Ga. 309, 311 (3) ( 602 SE2d 597 ) (2004).
discussed Cited as authority (rule) Upton v. Parks
Ga. · 2008 · confidence medium
Decisions based on counsel’s reasonable trial strategy do not constitute deficient performance, and “this Court does not evaluate trial counsel’s tactics and strategic decisions in hindsight.” (Footnote omitted.) Fielding v. State, 278 Ga. 309, 311 (3) ( 602 SE2d 597 ) (2004).
discussed Cited as authority (rule) Opio v. State (2×)
Ga. Ct. App. · 2007 · confidence medium
(Footnotes omitted.) Fielding v. State, 278 Ga. 309, 311 (3) ( 602 SE2d 597 ) (2004).
discussed Cited as authority (rule) Meeker v. State
Ga. Ct. App. · 2006 · confidence medium
Clough, Assistant District Attorney, for appellee. 1 OCGA§ 16-10-24 (b). 2 OCGA§ 16-10-24 (a). 3 OCGA§ 16-7-24 (a). 4 Short v. State, 234 Ga. App. 633, 634 (1) ( 507 SE2d 514 ) (1998). 5 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 6 Panzner v. State, 273 Ga. App. 868, 869-870 ( 616 SE2d 201 ) (2005). 7 Wilson v. State, 270 Ga. App. 555, 556-557 ( 607 SE2d 197 ) (2004). 8 Weldon v. State, 262 Ga. App. 854 (1) ( 586 SE2d 741 ) (2003). 9 Whitner v. State, 276 Ga. 742, 744 (3) ( 584 SE2d 247 ) (2003). 10 Paul v. State, 272 Ga. 845, 848-849 (3) ( 537 SE2d 58 ) (2000). 11…
examined Cited as authority (rule) Colon v. State (3×) also: Cited "see"
Ga. Ct. App. · 2005 · confidence medium
U97-3, p. 112 (1997). [14] McClendon v. May, 37 F.Supp.2d 1371, 1381 (III)(D) (S.D.Ga.1999). [15] See United States v. Navarro-Vargas, 408 F.3d 1184, 1190-1195 (II)(A) (9th Cir.2005) (outlining history of grand jury). [16] Cochran v. State, 256 Ga. 113, 117 , 344 S.E.2d 402 (1986) (Smith, J., concurring) (quoting Wood v. Georgia, 370 U.S. 375, 390 , 82 S.Ct. 1364 , 8 L.Ed.2d 569 (1962)). [17] See United States v. Dionisio, 410 U.S. 1, 16-17 , 93 S.Ct. 764 , 35 L.Ed.2d 67 (1973). [18] (Punctuation omitted.) Maretick v. Jarrett, 204 Ariz. 194 , 62 P.3d 120, 123 (III) (2003). [19] See State v. Ba…
discussed Cited "see" Bradley v. the State (2×)
Ga. Ct. App. · 2017 · signal: see · confidence high
See Fielding v. State, 278 Ga. 309, 311 (3) ( 602 SE2d 597 ) (2004) (where a witness’s qualifications are established, he does not have to be formally tendered and accepted as an expert in order to give expert opinion testimony). *495 Decided August 4, 2017.
discussed Cited "see" Calloway v. State (2×)
Ga. Ct. App. · 2007 · signal: see · confidence high
See Fielding v. State, 278 Ga. 309, 310-311 (2) ( 602 SE2d 597 ) (2004).
discussed Cited "see, e.g." Martin v. State (2×)
Ga. Ct. App. · 2008 · signal: see also · confidence medium
See also Fielding v. State, 278 Ga. 309, 310-311 ( 602 SE2d 597 ) (2004) (prior act’s probative value, which showed a specific course of conduct and particular pattern of behavior, was not outweighed by its prejudicial effect).
discussed Cited "see, e.g." Buckholts v. State (2×)
Ga. Ct. App. · 2007 · signal: compare · confidence medium
Smith, P. J., and Ruffin, J., concur. 1 See generally Totino v. State, 266 Ga. App. 265, 265-266 (1) (a) ( 596 SE2d 749 ) (2004). 2 Collins v. State, 273 Ga. 93, 94 (2) ( 538 SE2d 47 ) (2000), citing Williams v. State, 261 Ga. 640, 642 (2) (b) ( 409 SE2d 649 ) (1991). 3 See Collins, supra; Stinson v. State, 254 Ga. App. 810, 813 (3) ( 564 SE2d 39 ) (2002). 4 Ledford v. State, 275 Ga. App. 107, 110 ( 620 SE2d 187 ) (2005) (citation omitted); compare *258 Gilstrap v. State, 261 Ga. 798, 799 (1) (b) ( 410 SE2d 423 ) (1991) (incident 31 years in the past was too remote). 5 See Fielding v. State, 2…
Fielding
v.
the State
S04A0856.
Supreme Court of Georgia.
Sep 13, 2004.
602 S.E.2d 597
Garrett & Gilliard, Michael C. Garrett, for appellant., Daniel J. Craig, District Attorney, Charles R. Sheppard, Madonna H. Little, Assistant District Attorneys, Thurbert E. Baker, Attorney General, Julie A. Adams, Assistant Attorney General, for appellee.
Sears.
Cited by 33 opinions  |  Published
3 passages pin-cited by 5 cases
Pinpoint authority: #24,037 of 633,719
Citer courts: Court of Appeals of Georgia (3) · Supreme Court of Georgia (2)
SEARS, Presiding Justice.

Appellant Robert Eugene Fielding appeals his convictions for murder and robbery, [1] resulting in a life sentence, claiming that trial counsel was ineffective and that the trial court erred in admitting prior transaction evidence. We have considered the record and conclude these enumerations are without merit. Having found the evidence sufficient to support appellant’s convictions, we affirm.

The evidence of record shows that one night in May 1994, the victim, Mary Stewart, disappeared while working late at the Richmond County Department of Family and Children Services (DFACS). Her body was later found buried in a nearby landfill facility. Appellant supervised the night cleaning crew assigned to the DFACS office where the victim worked. Prior to the victim’s disappearance, appellant had made efforts to determine the location of security cameras inside DFACS’s office. Appellant’s job duties included collecting trash from other workers and taking it to a dumpster in a trash cart. After the victim disappeared, blood stains were discovered on the trash cart. The stains were later determined to have been caused by both appellant’s and the victim’s blood. Fibers from the victim’s clothing were also found on the trash cart. Only appellant had access to this trash cart, and he admitted to having control of it on the night of the victim’s disappearance.

Appellant’s duties also included activating the building’s alarm system when his crew was finished cleaning. Appellant normally did not work past 9:00 p.m. On the night the victim disappeared, security records show that appellant’s cleaning crew left the DFACS building at 9:15 p.m., but he did not activate the DFACS alarm system until 10:39 p.m. The following night, appellant failed to report for work.

Appellant possessed a key that gave him access to the DFACS trash dumpster. On the night of the victim’s disappearance, the dumpster was heaped with trash bags. After the dumpster was emptied the following morning, police searched the compacted landfill area where the trash had been deposited. Body parts from the[*310] victim were soon discovered. The area was excavated, and eventually 90 percent of the victim’s body was recovered.

Two of the victim’s rings were recovered from area pawn shops. The women who pawned the rings told police that on the night the victim disappeared, appellant had given them the rings as gifts. Another woman testified that on the night the victim disappeared, appellant showed her a watch and necklace. This woman later saw the victim’s photo on a missing persons poster; in the photo, the victim wore the same watch and necklace. On the day of the victim’s disappearance, appellant had no visible cuts or scratches, and had no limp. Later that night, witnesses observed cuts, scratches and bruises on appellant’s arms and chest, as well as a deep puncture wound on his forearm. Appellant also was walking with a noticeable limp that night.

1. The evidence of record — though circumstantial — when construed most favorably to the verdicts, was sufficient for rational triers of fact to find appellant guilty of malice murder and robbery. [2]

2. The trial court did not err by admitting evidence of a previous murder and robbery committed by appellant. In 1969, appellant confessed to robbing a gas station late at night, then shooting and killing the attendant. When confessing, appellant said that he had killed the attendant in order to prevent him from identifying appellant. Appellant also said that he had not planned to rob the gas station, but had become “tempted” when he saw the attendant counting money.

Evidence of this prior crime was admitted over appellant’s objection. Having reviewed the record, we conclude that the evidence was admitted for a proper purpose, i.e.: to show a connection or similarity between the prior act and the murder at issue here. [3] In both instances, appellant robbed unarmed persons, then killed them, thereby preventing later identification. In each instance, the victim was someone whom appellant knew was alone at their place of business. Appellant tracked both victims’ movements, and both victims were attacked late at night. There was a sufficient similarity between the two acts so that proof of the former tended to prove the latter. Moreover, there is no doubt that appellant committed the prior act, as he confessed to it. [4] Finally, while a number of years elapsed between the prior transaction and the crime at issue here, we conclude the prior act’s probative value, which showed a specific[*311] course of conduct and particular pattern of behavior, was not outweighed by its prejudicial effect. [5]

3. Appellant claims trial counsel was ineffective for failing to object when several witnesses for the State — a crime scene expert, a forensic pathologist, and a forensic serologist — gave opinion testimony without having first been qualified as experts in their respective fields. We disagree.

In order to establish that counsel was ineffective, appellant must show both that counsel’s performance was deficient and that the performance was prejudicial to the defense. [6] When ruling on a claim of ineffective assistance, this Court does not evaluate counsel’s trial tactics and strategic decisions in hindsight. [7]

An expert witness is anyone who, through training, education, skill, or experience, has particular knowledge that the average juror would not possess concerning questions of science, skill, trade, or the like. [8] An expert witness may render an opinion within his area of expertise after the proper qualifications have been proven to the trial court. [9] If, after qualifying a witness as an expert but without a formal tender, counsel proceeds to ask for expert opinion evidence, the trial court has tacitly or impliedly accepted the witness as an expert. [10] Further, if the opposite party objects to the expert opinion and the trial court overrules the objection, then the court has impliedly accepted the witness as an expert. [11]

Here, the State’s witnesses testified as to their credentials and were obviously qualified to testify as experts in their respective fields. [12] The witnesses were questioned as experts by the State, and thus were either tacitly or impliedly accepted as such by the trial court. It follows that any objection raised by appellant’s counsel to such questioning would have been futile, and therefore cannot serve as the basis for a claim of ineffective assistance.

[*312] Decided September 13, 2004. Garrett & Gilliard, Michael C. Garrett, for appellant. Daniel J. Craig, District Attorney, Charles R. Sheppard, Madonna H. Little, Assistant District Attorneys, Thurbert E. Baker, Attorney General, Julie A. Adams, Assistant Attorney General, for appellee.

We have reviewed the other bases for appellant’s claim of ineffective assistance, and find them to be without merit. [13]

Judgment affirmed.

All the Justices concur.
1

The crimes occurred on May 12,1994. Appellant was indicted on November 8,1994. The State announced its intention to seek the death penalty. Ajury trial was held September 16-24, 1996, and appellant was found guilty on all charges. After the jury split on whether to impose a death sentence, appellant was sentenced to life in prison for malice murder and a consecutive twenty year term for robbery. Appellant filed a new trial motion on September 30,1996, which was amended on March 25, 2003. The motion was denied on July 24, 2003. Appellant filed a notice of appeal on August 18, 2003, the appeal was docketed on January 29, 2004, and submitted for decision on the briefs.

2

Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); see OCGA§ 24-4-6 (when a conviction is based on circumstantial evidence, the facts proved must exclude every reasonable hypothesis save that of guilt).

3

See Williams v. State, 261 Ga. 640, 642 (409 SE2d 649) (1991).

4

See Williams, 261 Ga. at 642.

5

See Williams, 261 Ga. at 642. Contrary to appellant’s argument, the fact that a number of years elapsed between the two transactions does not automatically render the former inadmissible, hut rather is but a factor to be weighed when determining whether potential prejudicial impact is outweighed by probative value. See Gilstrap v. State, 261 Ga. 798, 799 (410 SE2d 423) (1991); Carter v. State, 205 Ga. App. 885, 887 (424 SE2d 81) (1992).

6

Strickland v. Washington, 466 U. S. 668, 688, 693-694 (104 SC 2052, 80 LE2d 674) (1984).

7

Strickland, 466 U. S. at 690.

9

See Smith v. State, 276 Ga. 97, 98-99 (575 SE2d 450) (2003).

10

See Stewart v. State, 246 Ga. 70, 75 (268 SE2d 906) (1980); In the Interest of C. W. D., 232 Ga. App. 200, 207-208 (501 SE2d 232) (1998).

12

See Watkins v. State, 259 Ga. 648 (386 SE2d 132) (1989) (generally, nothing more is required to qualify as an expert than evidence that the person has been educated in a particular trade, science, or profession).

13

These include claims that counsel failed to conduct an adequate forensic investigation, obtain adequate expert assistance, and labored under a conflict of interest due to his wife’s earlier employment with the district attorney’s office.