O'NEILL v. State, 679 S.E.2d 61 (Ga. Ct. App. 2009). · Go Syfert
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O'NEILL v. State, 679 S.E.2d 61 (Ga. Ct. App. 2009). Cases Citing This Book View Copy Cite
“in some instances, the failure to cross-examine may not waive a confrontation clause claim because it is clear from the record that an attempt at cross-examination would have been futile.”
52 citation events (52 in the last 25 years) across 2 distinct courts.
Strongest positive: Johnson v. State (ga, 2021-01-11)
Treatment trajectory · 2009 → 2026 · click a year to view as-of
2009 2017 2026
Top citers, strongest first. 30 distinct citers.
examined Cited as authority (verbatim quote) Johnson v. State (4×) also: Cited as authority (rule)
Ga. · 2021 · signal: see · quote attribution · 2 verbatim quotes · confidence high
in some instances, the failure to cross-examine may not waive a confrontation clause claim because it is clear from the record that an attempt at cross-examination would have been futile.
discussed Cited as authority (rule) State v. Desmond Tremaine Dowell
Ga. Ct. App. · 2021 · confidence medium
See Savage v. State, 298 Ga. App. 350, 353-354 (3) ( 679 SE2d 734 ) (2009) (testimony of accomplice sufficiently corroborated where defendant was stopped while driving his vehicle – in the company of his accomplices – with various items related to the robberies found in his vehicle); Green v. State, 298 Ga. App. 17, 21 (1) ( 679 SE2d 348 ) (2009) (testimony of accomplice sufficiently corroborated by defendant’s physical proximity to contraband in accomplice’s vehicle).
cited Cited as authority (rule) Michael v. the State
Ga. Ct. App. · 2016 · confidence medium
See id. (defendant’s admissions were direct evidence of guilt); Green v. State, 298 Ga. App. 17, 22 (1) ( 679 SE2d 348 ) (2009) (eyewitness account was direct evidence of guilt).
discussed Cited as authority (rule) Bennett v. the State (2×) also: Cited "see"
Ga. Ct. App. · 2015 · confidence medium
(Citations and punctuation omitted.) Green v. State, 298 Ga. App. 17, 20 (1) ( 679 SE2d 348 ) (2009).
cited Cited as authority (rule) Hamid Nikomid Tehrani v. State
Ga. Ct. App. · 2013 · confidence medium
However, subsection (a) (1) of the statute was not changed. verdict.” (Citation omitted.) Green v. State, 298 Ga. App. 17, 18 ( 679 SE2d 348 ) (2009).
discussed Cited as authority (rule) Tehrani v. State
Ga. Ct. App. · 2013 · confidence medium
“On appeal from a criminal conviction, we no longer presume the defendant is innocent, and we view the evidence in the light most favorable to the jury’s verdict.” (Citation omitted.) Green v. State, 298 Ga. App. 17, 18 ( 679 SE2d 348 ) (2009).
discussed Cited as authority (rule) William Riddick v. State
Ga. Ct. App. · 2013 · confidence medium
I don’t remember.” When asked whether she had lied “about all of that before,” she responded, pertinently: “I didn’t want my sisters to be mad at me.” “If a reluctant witness testifies that [s]he does not remember whether . . . [s]he made a prior statement, the state is then entitled to introduce the prior statement as inconsistent with the in-court testimony of the witness.” 11 The record showed that the 11 Green v. State, 298 Ga. App. 17, 21 (1) ( 679 SE2d 348 ) (2009) (citations omitted); Holiday v. State, 272 Ga. 779, 781 (2) ( 534 SE2d 411 ) (2000). 6 victim was reluctan…
discussed Cited as authority (rule) Rainey v. State (2×) also: Cited "see"
Ga. Ct. App. · 2013 · confidence medium
“On appeal from a criminal conviction, we no longer presume the defendant is innocent, and we view the evidence in the light most favorable to the jury’s verdict.” (Citation omitted.) Green v. State, 298 Ga. App. 17, 18 ( 679 SE2d 348 ) (2009).
discussed Cited as authority (rule) Kenneth Shamar Rainey v. State (2×) also: Cited "see"
Ga. Ct. App. · 2013 · confidence medium
“On appeal from a criminal conviction, we no longer presume the defendant is innocent, and we view the evidence in the light most favorable to the jury’s verdict.” (Citation omitted.) Green v. State, 298 Ga. App. 17, 18 ( 679 SE2d 348 ) (2009).
examined Cited as authority (rule) Palencia-Barron v. State (3×) also: Cited "see"
Ga. Ct. App. · 2012 · confidence medium
OCGA § 16-13-31 (e) pertinently provides: “Any person who knowingly sells, delivers... or has possession of 28 grams or more of methamphetamine ... in violation of this article commits the felony offense of trafficking in methamphetamine.. . .” Green v. State, 298 Ga. App. 17, 21 (1) ( 679 SE2d 348 ) (2009) (if a reluctant witness testifies that he does not remember whether he made a prior statement, the state is then entitled to introduce the prior statement as inconsistent with the in-court testimony of the witness).
discussed Cited as authority (rule) Alexander Palencia-Barron v. State (2×)
Ga. Ct. App. · 2012 · confidence medium
He points out that the officers who discovered the drugs failed to “memorializ[e] the discovery of these important items,” and that the driver’s testimony that he held the drugs was elicited “on leading direct- examination.” He also asserts that because the driver pled guilty before the trial in this case and “attempted to take full responsibility” for the drugs, he (Palencia- 7 Green v. State, 298 Ga. App. 17, 21 (1) ( 679 SE2d 348 ) (2009) (if a reluctant witness testifies that he does not remember whether he made a prior statement, the state is then entitled to introduce the p…
discussed Cited as authority (rule) Emerson v. State (2×) also: Cited "see"
Ga. Ct. App. · 2012 · confidence medium
See Harrelson v. State, 312 Ga. App. 710, 714 (a) ( 719 SE2d 569 ) (2011) (“Mere presence at the scene is not sufficient to convict one of being a party to a crime, but criminal intent may be inferred from conduct before, during, and after the commission of a crime.”) (Footnote omitted.); Green v. State, 298 Ga. App. 17, 21 (1) ( 679 SE2d 348 ) (2009) (accomplice testimony regarding defendant’s participation in crime corroborated by loaded pistol found at defendant’s feet and black bag used in crime within reach of defendant).
examined Cited as authority (rule) Martinez v. State (4×) also: Cited "see"
Ga. Ct. App. · 2012 · confidence medium
See OCGA § 24-4-8 (“[I]n . . . felony cases where the only witness is an accomplice, the testimony of a single witness is not sufficient [to establish a fact].”) (punctuation omitted); Green v. State, 298 Ga. App. 17, 21 (1) ( 679 SE2d 348 ) (2009). “[T]he corroborating evidence can be circumstantial.” (Citation and punctuation omitted.) Green, supra, 298 Ga. App. at 21 (1).
cited Cited as authority (rule) Sims v. State
Ga. Ct. App. · 2010 · confidence medium
Green v. State, 298 Ga. App. 17, 18 ( 679 SE2d 348 ) (2009).
discussed Cited as authority (rule) Wade v. State
Ga. Ct. App. · 2010 · confidence medium
Thomas Weathers III, James A. Dooley, Assistant District Attorneys, for appellee. 1 OCGA § 16-13-30 (a). 2 OCGA § 16-13-30 (j) (1). 3 OCGA§ 16-13-32.2 (a). 4 Culver v. State, 290 Ga. App. 321, 321 ( 659 SE2d 390 ) (2008). 5 Jackson v. State, 301 Ga. App. 863, 864-865 ( 690 SE2d 195 ) (2010). 6 Green v. State, 298 Ga. App. 17, 20 (1) ( 679 SE2d 348 ) (2009). 7 Martinez v. State, 303 Ga. App. 71, 73 (1) ( 692 SE2d 737 ) (2010). 8 Waters v. State, 280 Ga. App. 566, 567 ( 634 SE2d 508 ) (2006). 9 Sherrer v. State, 289 Ga. App. 156, 159-160 (2) ( 656 SE2d 258 ) (2008). 10 Jackson v. State, 259 G…
cited Cited as authority (rule) Nelson v. State
Ga. Ct. App. · 2010 · confidence medium
See OCGA § 16-2-20 (b) (3); Green v. State, 298 Ga. App. 17, 20 (1) ( 679 SE2d 348 ) (2009).
discussed Cited as authority (rule) Level One Contact, Inc. v. BJL Enterprises, LLC
Ga. Ct. App. · 2010 · confidence medium
Partnership v. Dept. of Transp., 286 Ga. App. 546, 548 (2) ( 650 SE2d 277 ) (2007). 9 Id. 10 See Norman v. Ault, 287 Ga. 324, 329 (3) ( 695 SE2d 633 ) (2010). 11 See generally Green v. State, 298 Ga. App. 17, 24 (5) ( 679 SE2d 348 ) (2009) (where counsel declines to cross-examine witness, party cannot complain of denial of right to cross-examination on appeal). 12 RadioShack Corp. v. Cascade Crossing II, 282 Ga. 841, 845-846 ( 653 SE2d 680 ) (2007). 13 Daniel v. Corporate Property Investors, 234 Ga. App. 148 ( 505 SE2d 576 ) (1998).
cited Cited as authority (rule) Boggs v. State
Ga. Ct. App. · 2010 · confidence medium
(Citation and punctuation omitted.) Green v. State, 298 Ga. App. 17, 20 (1) ( 679 SE2d 348 ) (2009).
discussed Cited as authority (rule) Taylor v. State
Ga. Ct. App. · 2010 · confidence medium
While he recanted these allegations at trial, the “prior inconsistent statement of a witness who takes the stand and is subject to cross-examination is admissible as substantive evidence.” (Punctuation omitted.) Green v. State, 298 Ga. App. 17, 21 (1) ( 679 SE2d 348 ) (2009).
cited Cited as authority (rule) Haywood v. State
Ga. Ct. App. · 2009 · confidence medium
See OCGA § 16-2-20 (b) (3); Green v. State, 298 Ga. App. 17, 20 (1) ( 679 SE2d 348 ) (2009).
discussed Cited as authority (rule) Boyd v. State
Ga. · 2009 · confidence medium
Unlike the situation in Chumley v. State, 282 Ga. 855 ( 655 SE2d 813 ) (2008), cited by Boyd, the trial court did not then state or intimate that the statements were freely or voluntarily made; it merely ruled that the exhibits would be admitted and published though the defendant objected. “ ‘Pertinent remarks made by a trial court in discussing the admissibility of evidence or explaining its rulings do not constitute prohibited expressions of opinion.’ ” Green v. State, 298 Ga. App. 17, 23 (3) ( 679 SE2d 348 ) (2009), quoting Morrison v. Morrison, 282 Ga. 866, 867 (1) ( 655 SE2d 571 )…
discussed Cited as authority (rule) Gober v. State
Ga. Ct. App. · 2009 · confidence medium
This appeal is from the second trial. 5 Crawford v. Washington, 541 U. S. 36 (124 SC 1354, 158 LE2d 177) (2004). 6 Robinson v. State, 271 Ga. App. 584, 586 (1) ( 610 SE2d 194 ) (2005). 7 Ingram v. State, 277 Ga. 46, 48-49 (3) ( 586 SE2d 221 ) (2003). 8 Morris v. State, 228 Ga. App. 90, 90-91 (1) ( 491 SE2d 190 ) (1997). 9 Hill v. State, 250 Ga. App. 897, 902 (1) ( 553 SE2d 289 ) (2001). 10 Green v. State, 298 Ga. App. 17, 21 (1) ( 679 SE2d 348 ) (2009). 11 LeBlanc v. State, 283 Ga. App. 434, 437 (3) ( 641 SE2d 646 ) (2007). 12 Gay v. State, 279 Ga. 180, 182 (2) ( 611 SE2d 31 ) (2005). 13 Soto …
cited Cited "see" Jonathan Robinson v. State
Ga. Ct. App. · 2015 · signal: see · confidence high
See Green v. State, 298 Ga. App. 17, 26 (7) , n. 6 ( 679 SE2d 348 ) (2009). 3.
cited Cited "see" Robinson v. the State
Ga. Ct. App. · 2015 · signal: see · confidence high
See Green v. State, 298 Ga. App. 17, 26 (7), n. 6 ( 679 SE2d 348 ) (2009). 3.
examined Cited "see" Jones v. State (3×)
Ga. Ct. App. · 2014 · signal: see · confidence high
See Green v. State, 298 Ga. App. 17, 24 (5) ( 679 SE2d 348 ) (2009) (appellant could not claim denial of right to confront witness when he declined opportunity to cross-examine). 2.
discussed Cited "see" Laranda Jones v. State (2×)
Ga. Ct. App. · 2014 · signal: see · confidence high
See Green v. State, 298 Ga. App. 17, 24 (5) ( 679 SE2d 348 ) (2009) (appellant could not claim denial of right to confront witness when he declined opportunity to cross-examine). 2.
discussed Cited "see" Powell v. State
Ga. Ct. App. · 2011 · signal: see · confidence high
See Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 OCGA § 16-8-40 (a) (1). 4 (Citation and punctuation omitted.) Green v. State, 298 Ga. App. 17, 20 (1) ( 679 SE2d 348 ) (2009).
discussed Cited "see" Martinez v. State
Ga. Ct. App. · 2010 · signal: see · confidence high
See Green v. State, 298 Ga. App. 17, 25-26 (7) ( 679 SE2d 348 ) (2009); Martin v. State, 205 Ga. App. 591, 592-593 (4) ( 422 SE2d 876 ) (1992); Long v. State, 185 Ga. App. 277, 278 (1) ( 363 SE2d 807 ) (1987); Parker, 169 Ga. App. at 557 (1). 4.
discussed Cited "see, e.g." Ricky Whitman v. State
Ga. Ct. App. · 2012 · signal: see, e.g. · confidence medium
See, e. g., Green v. State, 298 Ga. App. 17, 25-26 (7) ( 679 SE2d 348 ) (2009) (defendant’s prior arrest record admissible where defense opened door on the same specific subject); Parker v. State, 169 Ga. App. 557 (1) ( 313 SE2d 751 ) (1984) (state was entitled to question defendant about his prior arrests in order to 10 impeach defendant’s testimony that “[he had] never been in a situation ... dealing with the law”).7 Although Whitman may have faced a difficult choice in deciding whether to testify, it is well settled that [t]he criminal process, like the rest of the legal system, is …
discussed Cited "see, e.g." Whitman v. State
Ga. Ct. App. · 2012 · signal: see, e.g. · confidence medium
See, e.g., Green v. State, 298 Ga. App. 17, 25-26 (7) ( 679 SE2d 348 ) (2009) (defendant’s prior arrest record admissible where defense opened door on the same specific subject); Parker v. State, 169 Ga. App. 557 (1) ( 313 SE2d 751 ) (1984) (state was entitled to question defendant about his prior arrests in order to impeach defendant’s testimony that “[he had] never been in a situation . . . dealing with the law”). 7 Although Whitman may have faced a difficult choice in deciding whether to testify, it is well settled that [t]he criminal process, like the rest of the legal system, is r…
O’neill
v.
the State
A07A1780.
Court of Appeals of Georgia.
May 18, 2009.
679 S.E.2d 61
Diana L. Davis, for appellant., Tommy K. Floyd, District Attorney, David E. Slemons, Assistant District Attorney, for appellee.
Phipps, Johnson, Mikell.
Published
Phipps, Judge.

The Supreme Court of Georgia granted certiorari in the above-styled case, reported as Bryant v. State, 1 and reversed our affirmance of Brian O’Neill’s conviction of possession of methamphetamine. [2] Accordingly, our judgment in Division 2 of Bryant is vacated, the judgment of the Supreme Court is made the judgment of this Court, and O’Neill’s conviction of possession of methamphetamine is reversed.

Judgment reversed.

Johnson, P. J., and Mikell, J., concur.
2

O’Neill v. State, 285 Ga. 125 (674 SE2d 302) (2009).