Ware v. State, 608 S.E.2d 643 (Ga. 2005). · Go Syfert
Ware v. State, 608 S.E.2d 643 (Ga. 2005). Cases Citing This Book View Copy Cite
“an appellant has the burden of proving trial court error by the appellate record.”
35 citation events (35 in the last 25 years) across 2 distinct courts.
Strongest positive: Newton v. State (ga, 2020-06-01)
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 14 distinct citers.
discussed Cited as authority (quoted) Newton v. State (2×) also: Cited "see"
Ga. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
an appellant has the burden of proving trial court error by the appellate record.
discussed Cited as authority (rule) State v. Hudson
Ga. · 2018 · confidence medium
As this Court has previously emphasized, there is no “wrong for any reason” 7 “An appellant has the burden of proving trial court error by the appellate record, and must compile a complete record of what transpired in the trial court.” Ware v. State, 279 Ga. 17, 18 ( 608 SE2d 643 ) (2005). 8 The record does not include any written motion for sentence reconsideration. doctrine.9 See Moore v. State, 290 Ga. 805, 808, n. 3 ( 725 SE2d 290 ) (2012) (“[T]his Court will not reverse a judgment on an issue never raised or ruled on in the trial court or enumerated by the Appellant on appeal.�…
discussed Cited as authority (rule) Walker v. State
Ga. · 2014 · confidence medium
The informant testified that Walker claimed to have gone to the apartment while Mona Lisa was out of town because she did not like him, that he and Ramona argued about “why she could carry another man’s baby” but not his, that he simultaneously choked Ramona and covered her face (so as to "throw off the cause of death”), that he suffocated Tyler by putting his hand over the baby’s face, and that he then left the apartment. 5 See, e.g., Edenfield v. State, 293 Ga. 370, 371-373 (1) ( 744 SE2d 738 ) (2013); White v. State, 287 Ga. 713, 716 (1) (c) ( 699 SE2d 291 ) (2010); Duncan v. Stat…
discussed Cited as authority (rule) Crawford v. State
Ga. · 2011 · confidence medium
Otherwise, there is not sufficient information for an appellate court’s review and the trial court ruling enumerated as error must be upheld. “(W)hen a portion of the evidence . . . bearing upon the issues raised by the enumerations of error is not brought up in the appellate record so that this court can make its determination from a consideration of it all, an affirmance as to that issue must result.” (Footnotes omitted.) Ware v. State, 279 Ga. 17, 18 (2) ( 608 SE2d 643 ) (2005).
discussed Cited as authority (rule) Finley v. State
Ga. · 2009 · confidence medium
“An appellant has the burden of proving trial court error by the appellate record, and must compile a complete record of what transpired in the trial court.” (Footnote omitted.) Ware v. State, 279 Ga. 17, 18 (2) ( 608 SE2d 643 ) (2005).
cited Cited as authority (rule) McKinney v. State
Ga. Ct. App. · 2008 · confidence medium
(Punctuation and footnotes omitted.) Ware v. State, 279 Ga. 17, 18 (2) ( 608 SE2d 643 ) (2005).
discussed Cited as authority (rule) Alewine v. State
Ga. Ct. App. · 2005 · confidence medium
Ware v. State, 279 Ga. 17, 18 (2) ( 608 SE2d 643 ) (2005). 3 The trial court charged: “It is for you to determine what witness or witnesses you will believe, and which witness or witnesses you will not believe if there are some you do not believe.
cited Cited as authority (rule) Rubiani v. State
Ga. · 2005 · confidence medium
Ware v. State, 279 Ga. 17, 18 ( 608 SE2d 643 ) (2005). 3 Henry v. State, 269 Ga. 851, 853 ( 507 SE2d 419 ) (1998). 4 Id. 5 See OCGA § 15-6-3 (8) (D) (Muscogee County has six annual terms of court).
examined Cited "see" Tedder v. State (4×)
Ga. · 2024 · signal: see · confidence high
See Ware v. State, 279 Ga. 17, 18 (2) (608 SE2d 643) (2005) (“When a portion of the evidence bearing upon the issues raised by the enumerations of error is not brought up in the appellate record so that this court can make its determination from a consideration of it all, an affirmance as to that issue must result.” (citation and punctuation omitted)). 27 (c) In his final claim of ineffective assistance, Tedder contends that trial counsel performed deficiently by failing to sufficiently cross-examine Eggleston regarding his initial untruthful statements to police, why he altered his accoun…
examined Cited "see" McKelvey v. State (4×)
Ga. · 2021 · signal: see · confidence high
See Ware v. State, 279 Ga. 17, 18 (2) (608 SE2d 643) (2005) (appellant has burden to show counsel’s ineffectiveness and to “compile a complete record of what transpired in the trial court”). 24 decision to not call Okevia or Piatt to testify at trial fell “within the broad range of professional conduct.” Reid v. State, 286 Ga. 484, 486 (3) (a) (690 SE2d 177) (2010) (trial counsel’s decision not to call potential alibi witness because counsel thought witness’s testimony “would be detrimental to the defense” was not deficient); see also Andrews, 293 Ga. at 703 (trial counsel’…
discussed Cited "see" King v. State (2×)
Ga. · 2016 · signal: see · confidence high
See Ware v. State, 279 Ga. 17, 18 (2) ( 608 SE2d 643 ) (2005).
discussed Cited "see" Jarvis Augustus Ware v. State (2×)
Ga. Ct. App. · 2013 · signal: see · confidence high
See Ware v. State, 279 Ga. 17 ( 608 SE2d 643 ) (2005).
discussed Cited "see" Rymuza v. Rymuza (2×)
Ga. · 2012 · signal: see · confidence high
See Ware v. State, 279 Ga. 17, 18 ( 608 SE2d 643 ) (2005).
discussed Cited "see" Sirmans v. State (2×)
Ga. Ct. App. · 2009 · signal: see · confidence high
Smith, P. J., and Bernes, J., concur. 1 Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) (99 SC 2781, 61 LE2d 560) (1979) (emphasis omitted). 2 Segel v. State, 293 Ga. App. 506, 507 (1) (a) ( 667 SE2d 670 ) (2008) (punctuation and footnotes omitted); see Jackson v. Virginia, supra. 3 Taylor v. State, 282 Ga. 502, 504 (3) ( 651 SE2d 715 ) (2007) (punctuation and footnotes omitted). 4 Edwards v. State, 282 Ga. 259, 260 (4) ( 646 SE2d 663 ) (2007). 5 Dyer v. State, 278 Ga. 656, 659 (5) ( 604 SE2d 756 ) (2004). 6 Stafford v. State, 288 Ga. App. 733, 734 (2) ( 655 SE2d 221 ) (2007) (citations and …
Ware
v.
the State
S04A2076.
Supreme Court of Georgia.
Feb 7, 2005.
608 S.E.2d 643
Little, Bates & Kelehear, Sam F. Little, for appellant., KermitN. McManus, District Attorney, ThurbertE. Baker, Attorney General, Chad E. Jacobs, Assistant Attorney General, for appellee.
Sears.
Cited by 15 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 68%
Citer courts: Supreme Court of Georgia (1)
SEARS, Presiding Justice.

Appellant Jarvis Ware appeals his convictions for malice murder and concealing the death of another, [1] claiming the trial court erred by denying his motion to suppress evidence obtained after a search of his home conducted pursuant to a warrant. Our review of the record reveals that it contains neither a written order denying appellant’s motion to suppress nor a transcript of the suppression hearing. Therefore, pursuant to our precedent, we must conclude that appellant has failed to show any error in the trial court’s ruling. Finding the evidence sufficient to support appellant’s convictions, we affirm.

The evidence of record shows that appellant and the victim, Sinney McMichael, were seen leaving a Dalton, Georgia, pool hall together on the night of September 12, 2002. After stopping to purchase crack cocaine, the couple went to appellant’s home. Later that night, appellant’s roommates discovered appellant cleaning the living room floor with bleach. The roommates also noticed that an area rug and slip cover had been removed from the living room. Appellant’s nephew, Willis, testified that shortly after 2:30 a.m. on September 13, 2002, appellant appeared at his door, asking for help with “a body.” Willis accompanied appellant to the latter’s home, where he noticed blood stains and evidence of a struggle in the living room, as well as a strong smell of bleach. Willis then went to appellant’s bedroom, where the victim’s body lay on a bed. Willis helped appellant roll the body in a rug and move it to appellant’s[*18] truck, and then rode with appellant to a nearby dumpster, where they deposited the body. Authorities later determined that the victim had sustained blunt force trauma to the head and had died of ligature strangulation.

Decided February 7, 2005. Little, Bates & Kelehear, Sam F. Little, for appellant.

1. The evidence of record, construed most favorably to the verdict, was sufficient for rational triers of fact to find appellant guilty of malice murder and concealing the death of another. [2]

2. Based upon first-hand information obtained from Willis, authorities secured a warrant to search appellant’s home, where they discovered the victim’s blood stains and evidence of a struggle. Based upon this discovery, appellant was arrested. Charges were later filed. Before trial, appellant sought to suppress the evidence obtained during the search, claiming there was not probable cause to issue the warrant.

On appeal, appellant claims the trial court erred by denying the motion to suppress. The record, however, contains neither a written order denying appellant’s motion nor a transcript of the suppression hearing conducted by the trial court. [3] An appellant has the burden of proving trial court error by the appellate record, and must compile a complete record of what transpired in the trial court. [4] Otherwise, there is not sufficient information for an appellate court’s review and the trial court ruling enumerated as error must be upheld. [5] “[W]hen a portion of the evidence . . . bearing upon the issues raised by the enumerations of error is not brought up in the appellate record so that this court can make its determination from a consideration of it all, an affirmance as to that issue must result.” [6] In this case, because appellant has failed to compile a record that demonstrates all that transpired in the trial court with regard to his suppression motion, we must presume that the evidence before the court supported its decision to deny the motion.

Judgment affirmed.

All the Justices concur. [*19] KermitN. McManus, District Attorney, ThurbertE. Baker, Attorney General, Chad E. Jacobs, Assistant Attorney General, for appellee.
1

The crimes occurred on September 12-13, 2002, and appellant was indicted on April 24, 2003. Trial was held on July 21-24, 2003. Appellant was found guilty of malice murder and concealing the death of another, and sentenced to life in prison plus a consecutive ten-year prison term. Appellant’s motion for new trial was filed on August 13, 2003, and denied on May 18, 2004. Appellant filed a notice of appeal on June 17, 2004, seeking a direct appeal to the Court of Appeals. The Court of Appeals transferred the appeal to this Court on August 18, 2004. See State v. Thornton, 253 Ga. 524 (322 SE2d 711) (1984). The appeal was docketed with this Court on August 19, 2004, and submitted for decision on the briefs.

2

Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

3

The record does include the transcript of a pretrial hearing on an unrelated matter, at the beginning of which the trial court issued a ruling from the bench denying a motion to suppress that was argued before the court on June 26, 2003. However, other than the motion itself, no other information regarding appellant’s suppression motion is included in the record.

4

See Clark v. State, 271 Ga. 6, 10 (515 SE2d 155) (1999); Malcolm v. State, 263 Ga. 369, 371 (434 SE2d 479) (1993).

5

Malcolm, 263 Ga. at 371; Johnson v. State, 261 Ga. 678, 679 (409 SE2d 500) (1991).