Garrett v. State, 622 S.E.2d 323 (Ga. 2005). · Go Syfert
Garrett v. State, 622 S.E.2d 323 (Ga. 2005). Cases Citing This Book View Copy Cite
30 citation events (30 in the last 25 years) across 2 distinct courts.
Strongest positive: Morrell v. State (ga, 2022-02-15)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 12 distinct citers.
discussed Cited as authority (rule) Morrell v. State (2×)
Ga. · 2022 · confidence medium
See, e.g., Collins v. State, 308 Ga. 608, 612 (3) (842 SE2d 811) (2020); Garrett v. State, 280 Ga. 30, 31 (2) (622 SE2d 323) (2005).
discussed Cited as authority (rule) Kenneth Strickland v. State (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2019 · confidence medium
Moreover, we see nothing in the record to indicate that trial counsel’s overall performance during voir dire was deficient.21 19 (Punctuation omitted.) Garrett v. State, 280 Ga. 30, 31 (2) ( 622 SE2d 323 ) (2008), quoting Head v. State, 276 Ga. 131, 133 (2) ( 575 SE2d 883 ) (2003).
discussed Cited as authority (rule) Washington v. State (2×) also: Cited "see"
Ga. · 2014 · confidence medium
Consequently, “[t]he State is authorized to present evidence of a defendant’s possible motive for committing a crime, and such evidence does not become inadmissible merely because it may incidentally place the defendant’s character in issue.” Garrett v. State, 280 Ga. 30, 31 (3) ( 622 SE2d 323 ) (2005) (citations omitted).
discussed Cited as authority (rule) Washington v. State (2×) also: Cited "see"
Ga. · 2014 · confidence medium
Consequently, “[t]he State is authorized to present evidence of a defendant’s possible motive for committing a crime, and such evidence does not become inadmissible merely because it may incidentally place the defendant’s character in issue.” Garrett v. State, 280 Ga. 30, 31 (3) ( 622 SE2d 323 ) (2005) (citations omitted).
discussed Cited as authority (rule) Washington v. State (2×) also: Cited "see"
Ga. · 2014 · confidence medium
Consequently, “[t]he State is authorized to present evidence of a defendant’s possible motive for committing a crime, and such evidence does not become inadmissible merely because it may incidentally place the defendant’s character in issue.” Garrett v. State, 280 Ga. 30, 31 (3) ( 622 SE2d 323 ) (2005) (citations omitted).
discussed Cited as authority (rule) Head v. State
Ga. Ct. App. · 2007 · confidence medium
Phipps and Mikell, JJ., concur. 1 Campbell v. State, 282 Ga. App. 854 ( 640 SE2d 358 ) (2006). 2 Id. 3 See Clark v. State, 282 Ga. App. 248, 249-250 (1) ( 638 SE2d 397 ) (2006). 4 See Anderson v. State, 278 Ga. 421, 422 (2) ( 603 SE2d 220 ) (2004). 5 Stinchcomb v. State, 280 Ga. 170, 173 (4) ( 626 SE2d 88 ) (2006). 6 See Stephens v. State, 265 Ga. 120, 121 (2) ( 453 SE2d 443 ) (1995). 7 See id. 8 See Freeman v. State, 269 Ga. App. 435, 436-437 (1) ( 604 SE2d 280 ) (2004). 9 See Morris v. State, 278 Ga. 710, 712 (4) ( 606 SE2d 258 ) (2004). 10 See Hunter v. State, 281 Ga. 526, 529 (2) (c) ( 640…
discussed Cited as authority (rule) Bakyayita v. State
Ga. Ct. App. · 2006 · confidence medium
See also Wellons v. State, 266 Ga. 77, 84 (6) (a) ( 463 SE2d 868 ) (1995); Montijo v. State, 238 Ga. App. 696, 704 (6) ( 520 SE2d 24 ) (1999), citing Brown v. State, 268 Ga. 354, 356 (3) ( 490 SE2d 75 ) (1997). 9 (Citations and punctuation omitted.) Garland v. State, 263 Ga. 495, 496 (1) ( 435 SE2d 431 ) (1993). 10 See Garrett v. State, 280 Ga. 30, 31 (2) ( 622 SE2d 323 ) (2005) (no abuse of discretion to refuse to disqualify a juror who had been a victim of a crime but indicated that she could be fair and impartial); Green v. State, 249 Ga. App. 546, 552 (3) ( 547 SE2d 569 ) (2001) (same). 11…
discussed Cited "see" Ellis v. State (2×)
Ga. · 2013 · signal: see · confidence high
See Garrett v. State, 280 Ga. 30, 31 (2) ( 622 SE2d 323 ) (2005).
discussed Cited "see" Potts v. State (2×)
Ga. Ct. App. · 2009 · signal: see · confidence high
See Martin v. State, *243 268 Ga. 682, 683 (2) ( 492 SE2d 225 ) (1997). 7 Kuykendoll v. State, 278 Ga. App. at 370-371 (2). 8 See Eady v. State, 129 Ga. App. 656 (1) ( 200 SE2d 767 ) (1973) (no error in denying continuance “based upon the absence of a material witness for whom a subpoena was not issued by defendant until the morning the trial was to begin and who had not been served therewith at the time the motion was made”). 9 (Punctuation omitted.) Davenport v. State, 283 Ga. 171, 173 (4) ( 656 SE2d 844 ) (2008). 10 Salahuddin v. State, 277 Ga. 561, 564 (3) ( 592 SE2d 410 ) (2004). 11 S…
discussed Cited "see" Huskins v. State (2×)
Ga. Ct. App. · 2008 · signal: see · confidence high
See Garrett v. State, 280 Ga. 30, 31 (2) ( 622 SE2d 323 ) (2005) (whether to strike a juror for cause rests within the sound discretion of the trial court).
discussed Cited "see" FENCIL v. State (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2007 · signal: see · confidence high
See Garrett v. State, 280 Ga. 30 -31 (2) (622 SE2d *614 323) (2005); Holmes v. State, 269 Ga. 124, 125-126 (2) ( 498 SE2d 732 ) (1998); Souder v. State, 281 Ga. App. 339, 345-346 (3) ( 636 SE2d 68 ) (2006); Brown v. State, 243 Ga. App. 632, 633 (1) ( 534 SE2d 98 ) (2000).
discussed Cited "see, e.g." CULAJAY v. State (2×)
Ga. Ct. App. · 2011 · signal: see also · confidence medium
Smith, P. J., and Mikell, J., concur. 1 See, e.g., Goolsby v. State, 299 Ga. App. 330, 330-31 ( 682 SE2d 671 ) (2009); see also Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) (99 SC 2781, 61 LE2d 560) (1979). 2 Several of the parties to this sale, including co-defendant Jimenez-Ramirez, were also charged with trafficking in this same count of the indictment. 3 See, e.g., English v. State, 301 Ga. App. 842, 842 ( 689 SE2d 130 ) (2010). 4 Lott v. State, 303 Ga. App. 775, 775-76 (1) ( 694 SE2d 698 ) (2010) (citing Jackson, 443 U. S. at 319 (III) (B)). 5 Miller v. State, 273 Ga. 831, 832 ( 546 …
Garrett
v.
the State
S05A1676.
Supreme Court of Georgia.
Nov 21, 2005.
622 S.E.2d 323
Edwin J. Wilson, for appellant., Daniel J. Porter, District Attorney, Peter PL. Boehm, Assistant District Attorney, Thurbert E. Baker, Attorney General, Chad E. Jacobs, Assistant Attorney General, for appellee.
Hunstein.
Cited by 12 opinions  |  Published
HUNSTEIN, Presiding Justice.

Appellant Lief Garrett was convicted of malice murder, felony murder and possession of a knife during the commission of a crime in connection with the fatal stabbing of Tyreek Seivwright. He filed a motion for new trial which was denied, and he appeals. [1] Finding no error, we affirm.

1. The evidence authorized the jury to find that on the day of the crimes, appellant accused the victim, who was a member of a rival gang, of “putting a hit” on him. The victim denied taking out a hit but agreed to take appellant to the person who did. Appellant then turned and fatally stabbed the victim. Viewing the evidence in the light most favorable to the verdict, we find that a rational trier of fact could have found 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 refusing to disqualify for cause a juror who had been the victim of an armed[*31] robbery. Although the juror expressed some concern as to the effect the incident might have on him, when specifically asked, the juror responded that nothing about his experience would make it difficult for him to be “fair and impartial” and upon further questioning he stated that he “would not be partial.” A trial court is not required to strike for cause a potential juror who expresses “reservations about his or her ability to set aside personal experiences. [Cits.]” Wilson v. State, 271 Ga. 811, 815 (525 SE2d 339) (1999). See Anderson v. State, 276 Ga. 389 (2) (578SE2d 890) (2003). The juror unequivocally stated he could be unbiased and impartial and nothing in the voir dire transcript indicates that the prospective juror’s opinion was “so fixed and definite that the juror [would have been] unable to set the opinion aside and decide the case based upon the evidence and the court’s instructions.” (Footnote omitted.) Head v. State, 276 Ga. 131, 133 (2) (575 SE2d 883) (2003). Accordingly, it was not an abuse of the court’s discretion to refuse to strike the juror for cause. See Somchith v. State, 272 Ga. 261 (2) (527 SE2d 546) (2000) (whether to strike potential juror for cause is left to trial court’s discretion).

Decided November 21, 2005. Edwin J. Wilson, for appellant.

3. The admission of evidence of appellant’s sexual relationship with his girlfriend was not error. It was the State’s theory that appellant stabbed the victim at least in part because the victim had been courting appellant’s girlfriend. The State is authorized to present evidence of a defendant’s possible motive for committing a crime, Clark v. State, 271 Ga. 6 (4) (515 SE2d 155) (1999), and such evidence does not become inadmissible merely because it may incidentally place the defendant’s character in issue. Wolfe v. State, 273 Ga. 670 (4) (a) (544 SE2d 148) (2001) (evidence of gang membership admissible to show motive); Mize v. State, 269 Ga. 646 (3) (501 SE2d 219) (1998) (evidence of racist beliefs and group affiliation admissible to demonstrate motive for crimes). Because the challenged evidence demonstrated the closeness of appellant’s relationship with his girlfriend, it was relevant to the issue of motive and properly admitted into evidence.

4. Contrary to appellant’s contention, the trial court did not err by allowing the State to ask his mother whether she believed the crimes were gang related. The question was asked for the purpose of laying the foundation to introduce her prior inconsistent statement after she testified in response to a defense question that she had not seen any indication that appellant was involved in gang activity. See OCGA §§ 24-9-81, 24-9-83.

Judgment affirmed.

All the Justices concur. [*32] Daniel J. Porter, District Attorney, Peter PL. Boehm, Assistant District Attorney, Thurbert E. Baker, Attorney General, Chad E. Jacobs, Assistant Attorney General, for appellee.
1

The crimes occurred on May 12, 2000. Appellant was indicted on August 31, 2000 by a Gwinnett County grand jury and charged with malice murder, felony murder, and possession of a knife during the commission of a felony. After a jury trial on November 18-22,2002, the jury found appellant guilty of all charged crimes. The felony murder conviction was vacated by operation of law, see Malcolm v. State, 263 Ga. 369 (5) (434 SE2d 479) (1993), and appellant was sentenced to life imprisonment on the malice murder count and a consecutive five-year term of probation on the possession count. Appellant filed a motion for new trial on December 12,2002, which was amended on January 4, 2005. The motion was denied on February 11, 2005 and a timely notice of appeal was filed on March 9,2005. The case was docketed in this Court on June 29, 2005, and submitted for decision on the briefs.