Anthony v. State, 638 S.E.2d 877 (Ga. Ct. App. 2006). · Go Syfert
Anthony v. State, 638 S.E.2d 877 (Ga. Ct. App. 2006). Cases Citing This Book View Copy Cite
“counsel's failure to make a meritless objection . . . does not constitute ineffective assistance.”
77 citation events (77 in the last 25 years) across 1 distinct court.
Strongest positive: Rakeen Rayneil Hicks v. State (gactapp, 2014-03-07) · Strongest negative: Whitaker v. State (gactapp, 2007-09-10)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 33 distinct citers.
discussed Cited "but see" Whitaker v. State (2×)
Ga. Ct. App. · 2007 · signal: but see · confidence high
Blackburn, P. J., and Bernes, J., concur. 1 Whitaker was acquitted of a second aggravated assault charge and two murder charges. 2 See Adams v. State, 282 Ga. App. 819, 819-820 (1) ( 640 SE2d 329 ) (2006). 3 See Kellibrew v. State, 239 Ga. App. 783 (1) ( 521 SE2d 921 ) (1999). 4 Id. 5 Both Wright and Anthony testified that they did not see scissors on or near Thomas. 6 Limy v. State, 277 Ga. App. 673, 674 ( 627 SE2d 411 ) (2006). 7 Campbell v. State, 258 Ga. App. 863, 866 ( 575 SE2d 748 ) (2002). 8 See Fields v. State, 285 Ga. App. 345, 346 ( 646 SE2d 326 ) (2007) (jury able to find that defen…
discussed Cited as authority (quoted) Rakeen Rayneil Hicks v. State (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2014 · signal: see also · quote attribution · 1 verbatim quote · confidence low
counsel's failure to make a meritless objection . . . does not constitute ineffective assistance.
discussed Cited as authority (quoted) Hicks v. State (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2014 · signal: see also · quote attribution · 1 verbatim quote · confidence low
counsel's failure to make a meritless objection . . . does not constitute ineffective assistance.
discussed Cited as authority (rule) Latwon Dukes v. State
Ga. Ct. App. · 2022 · confidence medium
BLACKWELL: Yes, sir. 12 Anthony v. State, 282 Ga. App. 457, 458 (1) ( 638 SE2d 877 ) (2006). 13 See Finley v. State, 286 Ga. 47, 51 (9) (a) ( 685 SE2d 258 ) (2009) (“A trial judge may propound questions to a witness to develop the truth of the case or to clarify testimony, and the extent of such an examination is a matter for the trial court’s discretion.”) (citation omitted). 9 THE STATE: And at no point in time did you ever strike [the victim] during the course of this incident?
discussed Cited as authority (rule) David Franklin Campbell v. State
Ga. Ct. App. · 2022 · confidence medium
C., but was instead testimony that the expert saw no signs “indicating deception or fabrication during the . . . interview, 7 Ward v. State, 353 Ga. App. 1 , 6 (2) (a) ( 836 SE2d 148 ) (2019) (citation and punctuation omitted). 8 See id. at 7 (2) (b). 9 DiPietro, 356 Ga. App. at 545 (2) (a). 10 Anthony v. State, 282 Ga. App. 457, 459 (2) ( 638 SE2d 877 ) (2006). 11 Pointer v. State, 299 Ga. App. 249, 251 ( 682 SE2d 362 ) (2009) (punctuation omitted). 5 thereby leaving the issue of the victim’s credibility in the exclusive province of the jury.”12 “The jury was permitted to draw for its…
discussed Cited as authority (rule) Gary Durham v. State
Ga. Ct. App. · 2020 · confidence medium
“To constitute an improper comment under OCGA § 17-8-57, the trial court’s statement must express an opinion about whether the evidence had proven a material issue in the case, whether a witness was credible, or whether the defendant was guilty.” Anthony v. State, 282 Ga. App. 457, 458 (1) ( 638 SE2d 877 ) (2006) (citation and punctuation omitted).
discussed Cited as authority (rule) Robert Carter v. State
Ga. Ct. App. · 2017 · confidence medium
“A trial court’s instruction to a defendant to give responsive answers does not indicate an opinion as to either the defendant’s credibility or his guilt or innocence.” Anthony v. State, 282 Ga. App. 457, 458 (1) ( 638 SE2d 877 ) (2006) (citation omitted).
discussed Cited as authority (rule) Mosley v. the State
Ga. Ct. App. · 2016 · confidence medium
The record reflects, as Mosley himself acknowledges in his appeal brief, that when trial counsel asked the witness general questions about whether the witness had ever been tricked during a forensic interview, “instead of simply responding to the question, [the witness] went on to say” the challenged testimony Accordingly, Mosley failed to show that his trial counsel performed deficiently by eliciting alleged harmful testimony Moreover, the witness never stated that she believed the victim, and in our view, the challenged statements amount to testimony that the witness did not see any sign…
discussed Cited as authority (rule) Frey v. the State
Ga. Ct. App. · 2016 · confidence medium
“To constitute an improper comment under OCGA § 17-8-57, the trial court’s statement must express an opinion about whether the evidence had proven a material issue in the case, whether a witness was credible, or whether the defendant was guilty.” Anthony v. State, 282 Ga. App. 457, 458 (1) ( 638 SE2d 877 ) (2006) (citation and punctuation omitted).
discussed Cited as authority (rule) Dority v. the State
Ga. Ct. App. · 2015 · confidence medium
Anthony v. State, 282 Ga. App. 457, 459 (2) ( 638 SE2d 877 ) (2006) (officer’s testimony that victim exhibited no signs of deception during interview did not constitute bolstering); Stillwell v. State, 294 Ga. App. 805, 806-807 (2) (a) ( 670 SE2d 452 ) (2008) (lawyer’s statement that he did not see any evidence that child had been coached did not impermissibly address the ultimate issue before the jury or bolster the child’s credibility).
discussed Cited as authority (rule) Demarkius Dority v. State
Ga. Ct. App. · 2015 · confidence medium
Anthony v. State, 282 Ga. App. 457, 459 (2) ( 638 SE2d 877 ) (2006) (officer’s testimony that victim exhibited no signs of deception during interview did not constitute bolstering); Stillwell v. State, 294 Ga. App. 805, 806-807 (2) (a) ( 670 SE2d 452 ) (2008) (lawyer’s statement that he did not see any evidence that child had 20 been coached did not impermissibly address the ultimate issue before the jury or bolster the child’s credibility).
examined Cited as authority (rule) Sallee v. the State (4×) also: Cited "see"
Ga. Ct. App. · 2014 · confidence medium
However, “[t]o constitute an improper comment under OCGA § 17-8-57, the trial court’s statement must express an opinion about whether the evidence had proven a material issue in the case, whether a witness was credible, or whether the defendant was guilty.” (Citation and punctuation omitted.) Anthony v. State, 282 Ga. App. 457, 458 (1) ( 638 SE2d 877 ) (2006).
discussed Cited as authority (rule) McNeal v. State
Ga. Ct. App. · 2014 · confidence medium
I’m just sustaining the objection because I think it’s speculative right now.” OCGA § 17-8-57 provides: “It is error for any judge in any criminal case, during its progress or in his charge to the jury, to express or intimate his opinion as to what has or has not been proved or as to the guilt of the accused.” “To constitute an improper comment under OCGA § 17-8-57, the trial court’s statement must express an opinion about whether the evidence had proven a material issue in the case, whether a witness was credible, or whether the defendant was guilty.” (Punctuation omitted.) …
discussed Cited as authority (rule) Stevie Latawn McNeal v. State
Ga. Ct. App. · 2014 · confidence medium
I’m just sustaining the objection because I think it’s speculative right now.” OCGA § 17-8-57 provides that “[i]t is error for any judge in any criminal case, during its progress or in his charge to the jury, to express or intimate his opinion as to what has or has not been proved or as to the guilt of the accused.” “To constitute an improper comment under OCGA § 17-8-57, the trial court’s statement must express an opinion about whether the evidence has proven a material issue in the case, whether a witness was credible, or whether the defendant was guilty.” (Punctuation omit…
discussed Cited as authority (rule) Arthur Lee Wilson v. State
Ga. Ct. App. · 2014 · confidence medium
Further, Officer Mercado testified on cross-examination that he estimated the weight of the crack cocaine to be approximately 6.5 grams; the GBI subsequently determined the weight of the crack to be 1.64 grams. 5 (Punctuation omitted.) Anthony v. State, 282 Ga. App. 457, 458 (1) ( 638 SE2d 877 ) (2006). 4 provision, we are required to order a new trial, and there can be no finding of harmless error.” 6 The purpose of this statute, at least in part, is to prevent the jury from being influenced by any disclosure of the judge’s opinion regarding a witness’s credibility.
cited Cited as authority (rule) Wilson v. State
Ga. Ct. App. · 2014 · confidence medium
(Punctuation omitted.) Anthony v. State, 282 Ga.App. 457,458 (1) ( 638 SE2d 877 ) (2006).
discussed Cited as authority (rule) Martin Canty v. State
Ga. Ct. App. · 2012 · confidence medium
Andrews and Boggs, JJ., concur. 10 See id. at 143-144 (2) (a) (collecting cases); Anthony v. State, 282 Ga. App. 457, 459 (2) ( 638 SE2d 877 ) (2006) (holding statements admissible because “‘the inquiry was simply whether the [witness] noticed any particular actions or statements that indicated deception, not whether she found the [victim] believable or credible’”). 11 Vaughn v. State, 307 Ga. App. 754, 759 (4) ( 706 SE2d 137 ) (2011). 7
discussed Cited as authority (rule) Canty v. State
Ga. Ct. App. · 2012 · confidence medium
See id. at 143-144 (2) (a) (collecting cases); Anthony v. State, 282 Ga. App. 457, 459 (2) ( 638 SE2d 877 ) (2006) (holding statements admissible because “ ‘the inquiry was simply whether the [witness] noticed any particular actions or statements that indicated deception, not whether she found the (victim) believable or credible’ ”).
examined Cited as authority (rule) Gregoire v. State (3×) also: Cited "see"
Ga. Ct. App. · 2011 · confidence medium
See, e.g., Carrie v. State, 298 Ga. App. 55, 64 (7) ( 679 SE2d 30 ) (2009) (considering that jury was allowed to form its own assessment of victim’s credibility and defendant had opportunity to test victim’s credibility in front of the jury); Al-Attawy v. State, 289 Ga. App. 570, 573-574 (1) ( 657 SE2d 552 ) (2008) (considering that jury had other evidence from which it could assess credibility of victim and victim was subjected to cross-examination); Anderson v. State, 282 Ga. App. 58, 62-63 (3) (a) ( 637 SE2d 790 ) (2006) (considering that defendant had opportunity to test victim’s cre…
discussed Cited as authority (rule) Simpson v. State
Ga. Ct. App. · 2010 · confidence medium
J., and Phipps, P. J., concur. 1 (Citation and punctuation omitted.) Anthony v. State, 282 Ga. App. 457, 458 (1) ( 638 SE2d 877 ) (2006). 2 Caldwell v. State, 273 Ga. App. 135, 139 (2) ( 614 SE2d 246 ) (2005).
cited Cited as authority (rule) Mubarak v. State
Ga. Ct. App. · 2010 · confidence medium
Anthony v. State, 282 Ga. App. 457, 459 (2) ( 638 SE2d 877 ) (2006). (b) Mubarak contends that trial counsel was ineffective for failing to request a charge on defense of habitation.
cited Cited as authority (rule) O'NEAL v. State
Ga. Ct. App. · 2010 · confidence medium
See Stillwell v. State, supra, 294 Ga. App. at 807 (2) (a); Osborne v. State, 291 Ga. App. 711, 714 (3) ( 662 SE2d 792 ) (2008); Anthony v. State, 282 Ga. App. 457, 459 (2) ( 638 SE2d 877 ) (2006).
discussed Cited as authority (rule) Towry v. State
Ga. Ct. App. · 2010 · confidence medium
See also Osborne v. State, 291 Ga.App. 711, 714 (3), 662 S.E.2d 792 (2008) (trial court properly admitted expert testimony that "the child's manner of responding during the interview showed signs of spontaneity and detail that were not consistent with being coached"); Anthony v. State, 282 Ga.App. 457, 459 (2), 638 S.E.2d 877 (2006) (trial court properly admitted testimony that victim did not exhibit any behaviors indicative of deception during interview).
discussed Cited as authority (rule) Towry v. State
Ga. Ct. App. · 2010 · confidence medium
See also Osborne v. State, 291 Ga. App. 711, 714 (3) ( 662 SE2d 792 ) (2008) (trial court properly admitted expert testimony that “the child’s manner of responding during the interview showed signs of spontaneity and detail that were not consistent with being coached”); Anthony v. State, 282 Ga. App. 457, 459 (2) ( 638 SE2d 877 ) (2006) (trial court properly admitted testimony that victim did not exhibit any behaviors indicative of deception during interview).
discussed Cited as authority (rule) Greene v. State
Ga. Ct. App. · 2009 · confidence medium
Adams and Doyle, JJ., concur. 1 OCGA § 16-6-2 (a) (2). 2 OCGA § 16-6-1 (a) (1). 3 OCGA § 16-5-21 (a) (2). 4 OCGA § 16-5-41 (a). 5 OCGA § 16-5-40. 6 OCGA § 16-6-22.2 (b). 7 OCGA § 16-5-23. 8 Daugherty v. State, 283 Ga. App. 664, 665 ( 642 SE2d 345 ) (2007). 9 Knox v. State, 290 Ga. App. 49, 51-52 (1) ( 658 SE2d 819 ) (2008). 10 Westmoreland v. State, 245 Ga. App. 482, 485 (2) ( 538 SE2d 119 ) (2000). 11 Felker v. State, 252 Ga. 351, 363-364 (1) (c) ( 314 SE2d 621 ) (1984). 12 Smith v. Hardrick, 266 Ga. 54 ( 464 SE2d 198 ) (1995). 13 Pye v. State, 274 Ga. 839, 841 (4) ( 561 SE2d 109 ) (20…
discussed Cited as authority (rule) Brown v. State (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2008 · confidence medium
Anthony v. State, 282 Ga. App. 457, 459 (2) ( 638 SE2d 877 ) (2006). (c) At trial, the State presented the testimony of Dr. Ritu Saloni, the physician who performed the rape exam of the victim.
discussed Cited as authority (rule) Carruth v. State
Ga. Ct. App. · 2007 · confidence medium
“To constitute an improper comment under OCGA § 17-8-57, the trial court’s statement must express an opinion about whether the evidence [has] proven a material issue in the case, whether a witness was credible, or whether the defendant was guilty.” (Citation and punctuation omitted.) Anthony v. State, 282 Ga. App. 457, 458 (1) ( 638 SE2d 877 ) (2006).
discussed Cited as authority (rule) Keller v. State
Ga. Ct. App. · 2007 · confidence medium
T., supra at 572. 16 See Rice v. Cannon, 283 Ga. App. 438, 444 (2) ( 641 SE2d 562 ) (2007). 17 Baptiste v. State, 229 Ga. App. 691, 697 (1) ( 494 SE2d 530 ) (1997); see Rice, supra at 443-444 . 18 See Vaughn v. State, 247 Ga. App. 368, 370 (2) ( 543 SE2d 429 ) (2000). 19 See Rice, supra at 444 . 20 (Punctuation omitted.) Moore v. State, 281 Ga. App. 141, 142 (1) ( 635 SE2d 408 ) (2006). 21 Cutter v. State, 274 Ga. App. 589, 591 (1) ( 617 SE2d 588 ) (2005). 22 Id. at 591-592 . 23 See Lucas v. State, 284 Ga. App. 450, 452 ( 644 SE2d 302 ) (2007); Hendrix, supra at 792-793 (1). 24 See Hendrix, su…
discussed Cited "see" Wesley Vick, Jr. v. State (2×)
Ga. Ct. App. · 2025 · signal: see · confidence high
See Anthony v. State, 282 Ga. App. 457, 459 (2) ( 638 SE2d 877 ) (2006) (concluding that failure to object to alleged victim impact testimony did not constitute ineffective assistance, where the objection would have been meritless).
discussed Cited "see" Robert Dipietro v. State (2×)
Ga. Ct. App. · 2020 · signal: see · confidence high
See Anthony v. State, 282 Ga. App. 457, 459 (2) ( 638 SE2d 877 ) (2006) (counsel not ineffective for failing to object to testimony that victim did not exhibit any behaviors indicative of deception during interview).
discussed Cited "see, e.g." Larry Thomas v. State (2×)
Ga. Ct. App. · 2012 · signal: see also · confidence medium
See also 12 Anthony v. State, 282 Ga. App. 457, 459 (2) ( 638 SE2d 877 ) (2006) (officers trained to look for “certain behaviors in people who might be making false statements” may testify as to whether a victim exhibited any of those behaviors without impermissibly bolstering the victim’s credibility) (punctuation omitted). (c) Thomas contends that the State’s direct examination of the victim improperly bolstered the victim’s own testimony.
discussed Cited "see, e.g." Thomas v. State (2×)
Ga. Ct. App. · 2012 · signal: see also · confidence medium
See also Anthony v. State, 282 Ga. App. 457, 459 (2) ( 638 SE2d 877 ) (2006) (officers trained to look for “certain behaviors in people who might be making false statements” may testify as to whether a victim exhibited any of those behaviors without impermissibly bolstering the victim’s credibility) (punctuation omitted). (c) Thomas contends that the State’s direct examination of the victim improperly bolstered the victim’s own testimony.
discussed Cited "see, e.g." Stillwell v. State (2×)
Ga. Ct. App. · 2008 · signal: see also · confidence medium
See also Anthony v. State, 282 Ga. App. 457, 459 (2) ( 638 SE2d 877 ) (2006) (officer’s testimony that victim exhibited no signs of deception during interview did not constitute bolstering). 10 See Shaffer v. State, 291 Ga. App. 783, 785 (1) ( 662 SE2d 864 ) (2008) (failure to make meritless objection does not constitute ineffective assistance). 11 See Aleman v. State, 227 Ga. App. 607, 612-613 (3) (d) ( 489 SE2d 867 ) (1997); see also Evans, supra at 107 (3) (trial strategy and tactics do not constitute ineffective assistance of counsel). 12 See Williams v. State, 273 Ga. App. 321, 323 ( 61…
Anthony
v.
the State
A06A1694.
Court of Appeals of Georgia.
Nov 17, 2006.
638 S.E.2d 877
Wystan B. Getz, for appellant., Gwendolyn Keyes Fleming, District Attorney, Leonora Grant, Assistant District Attorney, for appellee.
Miller, Johnson, Ellington.
Cited by 35 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: bottom 80%
Citer courts: Court of Appeals of Georgia (2)
Miller, Judge.

Following a jury trial, Kelvin Bernard Anthony was convicted of two counts of rape, two counts of false imprisonment, two counts of aggravated assault, two counts of possession of a firearm during the commission of a crime, and one count of kidnapping. Anthony appeals from the denial of his motion for a new trial, alleging that the trial court made improper comments regarding his credibility, in violation[*458] of OCGA § 17-8-57. Anthony further asserts that he received ineffective assistance of counsel, as evidenced by his attorney’s failure to object to the admission of improper victim impact evidence and to testimony regarding the credibility of a witness. Discerning no error, we affirm.

Construed in the light most favorable to the verdict, the evidence shows that on July 10,2004, the victim got into Anthony’s car with the understanding that he was going to drive her and a cousin to the store. Instead, Anthony dropped the cousin off at a friend’s house and drove the victim to a local park, where he raped her at gunpoint. Anthony then drove the victim to another park and raped her once more at gunpoint. At trial, Anthony testified that he had engaged in consensual sexual intercourse with the victim.

1. Anthony contends that, in characterizing his testimony as evasive and instructing him to give direct responses on cross-examination, the trial court improperly commented on his credibility. To constitute an improper comment under OCGA § 17-8-57, the trial court’s statement must “express [ ] an opinion about whether the evidence had proven a material issue in the case, whether a witness was credible, or whether the defendant was guilty.” Caldwell v. State, 273 Ga. App. 135, 139 (2) (614 SE2d 246) (2005). A trial court’s instruction to a defendant to give responsive answers does not indicate an opinion as to either the defendant’s credibility or his guilt or innocence. Muse v. State, 160 Ga. App. 272, 274 (4) (287 SE2d 224) (1981) (no error where “[i]n response to [defendant’s] assertion that he was trying” to give responsive answers, trial court “stated that it, not [defendant] would have to be the judge of whether the answers were in fact responsive”). Nor does a trial court’s expression of frustration or exasperation with a defendant amount to an improper comment on the case. Flantroy v. State, 231 Ga. App. 744, 746 (3) (501 SE2d 10) (1998) (Trial judge’s comment to defendant that “he was holding his temper as best he could” and subsequent exchange regarding whether court was angry at defendant was not error.).

Here, the court explained to Anthony that he should initially respond to the questions with “yes” or “no,” and then explain his answer, if necessary. When Anthony continued to give nonresponsive answers, the court reiterated its earlier instructions. Anthony insisted that he was trying to be responsive, to which the trial court replied: “No, you’re not trying to respond, you’re trying to evade. Now I’m not going to continue down that road.” The foregoing demonstrates that the trial court did no more than direct Anthony to answer the questions being asked. The court expressed no opinion as to the truthfulness of Anthony’s testimony, whether responsive or not. Consequently, the trial court did not violate OCGA § 17-8-57.

[*459] 2. Anthony also asserts an ineffective assistance of counsel claim, premised on his attorney’s failure to object to alleged victim impact testimony and to the testimony of one witness as to the credibility of another. “To prevail on a claim of ineffective assistance of trial counsel, [a defendant] bears the burden of showing both that trial counsel was deficient and that he was prejudiced by the deficiency.” Welbon v. State, 278 Ga. 312, 313 (2) (602 SE2d 610) (2004). Prejudice is shown by demonstrating “that a reasonable probability exists that the outcome of the case would have been different but for the deficient performance of counsel.” Allen v. State, 277 Ga. 502, 503 (3) (591 SE2d 784) (2004). Anthony has failed to meet this burden.

“Victim-impact evidence goes to the impact of the crime on the victim, the victim’s family, or the community. [Cit.]” In the Interest of W. N. J., 268 Ga. App. 637, 639 (602 SE2d 173) (2004). Such evidence is admissible only at the penalty phase of a trial, and admission of the same during the guilt or innocence phase of the trial may constitute reversible error. Lucas v. State, 274 Ga. 640, 643 (2) (555 SE2d 440) (2001).

Anthony argues that the victim’s passing reference to “all of the really bad things that have . . . happened to me [in my life]” and the testimony of the victim’s grandmother that the victim’s mother had been unable to raise her because of the mother’s drug problems represented victim impact statements. Neither statement, however, constitutes victim impact testimony, because neither addresses the impact of the crime at issue. See In the Interest of W.N.J., supra, 268 Ga. App. at 639. Counsel’s failure to make a meritless objection regarding the alleged victim impact statements does not constitute ineffective assistance. Hayes v. State, 262 Ga. 881, 884-885 (3) (c) (426 SE2d 886) (1993).

Anthony further asserts that trial counsel was ineffective for failure to object to testimony given by the responding police officer which improperly bolstered the victim’s credibility. Specifically, the officer testified that she was trained to look for “certain behaviors in people who might be making false statements” and that the victim exhibited none of these behaviors at the time the officer took her statement. Under these circumstances, “the inquiry was simply whether the [officer] noticed any particular actions or statements that indicated deception, not whether she found the [victim] believable or credible.” Kendrick v. State, 269 Ga. App. 831, 835 (4) (605 SE2d 369) (2004). Compare Patterson v. State, 278 Ga. App. 168, 172 (628 SE2d 618) (2006).

Given that the police officer’s testimony was both relevant and admissible, trial counsel’s failure to object to the same did not render the assistance of that counsel ineffective. See Hayes, supra, 262 Ga. at 884-885 (3).

[*460] Decided November 17, 2006. Wystan B. Getz, for appellant. Gwendolyn Keyes Fleming, District Attorney, Leonora Grant, Assistant District Attorney, for appellee.

Judgment affirmed.

Johnson, P. J., and Ellington, J., concur.