Babb v. State

7 Citing cases

  1. Lee v. State

    254 Ga. App. 417 (Ga. Ct. App. 2002)   Cited 5 times
    Holding that the defendant who had refused counsel and failed to make arrangements for representation until the eve of trial because he “did not have ample funds to retain an attorney” could not establish due diligence to support a motion for continuance

    " Bache, supra at 592 (1). See Babb v. State, 252 Ga. App. 518, 520-521 (6) ( 556 S.E.2d 562) (2001), where we remanded the case upon a finding of prejudice to the defendant. Lee "fails to explain what [actions by counsel at arraignment] would have enhanced his defense."

  2. Guerra v. State

    No. A24A1353 (Ga. Ct. App. Oct. 31, 2024)

    (concluding nurse's testimony that there was visible bruising and redness to the defendant's wife's cheek and doctor's testimony that those visible injuries would be consistent with being struck by a hand was sufficient evidence to support defendant's conviction on family-violence battery); Gilbert v. State, 278 Ga.App. 765, 766 (629 S.E.2d 587) (2006) (holding that there was sufficient evidence to sustain defendant's family-violence battery conviction when officer testified the victim's face was red from the defendant's blow, thus establishing that victim's visible harm was capable of being perceived by a person other than the victim); Babb v. State, 252 Ga.App. 518, 518, 520 (5) (556 S.E.2d 562) (2001) (finding evidence was sufficient to support jury's verdict of family-violence battery, which required a showing of substantial physical harm or visible bodily harm, when victim's neighbor and friend both testified that the victim's face appeared red and puffy or swollen after defendant struck her in the face); cf. Futch v. State, 316 Ga.App. 376, 379-80 (1) (a) (730 S.E.2d 14) (2012) (holding victim's testimony that defendant put his hand on her neck, absent any visible sign of injury, was insufficient to support defendant's conviction of family-violence battery).

  3. Merchant v. State

    365 Ga. App. 42 (Ga. Ct. App. 2022)   Cited 2 times

    The evidence that he "swung on" and hit her in the face is sufficient to sustain his conviction for simple battery under Jackson v. Virginia , 443 U. S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 1979. See, e.g., Babb v. State , 252 Ga. App. 518, 520 (4)-(5), 556 S.E.2d 562 (2001) (evidence that defendant struck his sister once, leaving her face red and swollen, was deemed sufficient to support his conviction for simple battery by making intentional physical contact of an insulting or provoking nature); Waters v. State , 252 Ga. App. 194, 196 (2), 555 S.E.2d 859 (2001) (evidence that the defendant pushed the victim while attempting to move past her during a dispute was sufficient to sustain a conviction for simple battery under OCGA § 16-5-23 (a) (1) ).

  4. Foston v. State

    804 S.E.2d 151 (Ga. Ct. App. 2017)   Cited 2 times

    1 (f) (a battery committed between parents of the same children constitutes the offense of family violence battery); Simmons v. State , 285 Ga. App. 129, 129–130, 645 S.E.2d 622 (2007) (concluding that evidence was sufficient to support conviction of family violence battery by intentionally causing visible bodily harm to the victim where the victim testified, inter alia, that the defendant hit her in the head with his fist, causing her to bleed, and the responding officer observed that the victim was visibly upset and had a cut on her head); Gilbert v. State , 278 Ga. App. 765, 766, 629 S.E.2d 587 (2006) (holding that there was sufficient evidence to sustain defendant's family violence battery conviction under OCGA § 16–5–23.1 where the responding officer testified that the victim's face was red from the defendant's blow, establishing that the victim's visible harm (reddened face) was capable of being perceived by a person other than the victim); Babb v. State , 252 Ga. App. 518, 518, 520 (5), 556 S.E.2d 562 (2001) (concluding that evidence was sufficient to support jury's verdict of family violence battery, which required a showing of substantial physical harm or visible bodily harm, where the victim's neighbor and friend both testified that the victim's face appeared red and puffy or swollen after defendant struck her in the face). Accordingly, we conclude that the evidence was sufficient to support Foston's conviction for family violence battery.

  5. Walker v. State

    315 Ga. App. 821 (Ga. Ct. App. 2012)   Cited 3 times

    Cf. Simmons v. State, 285 Ga.App. 129, 129–130, 645 S.E.2d 622 (2007) (concluding that evidence was sufficient to support conviction of family violence battery by intentionally causing visible bodily harm to the victim where the victim testified that the defendant hit her in the head with his fist, causing her to bleed, and the responding officer observed that the victim was visibly upset and had a cut on her head); Gilbert v. State, 278 Ga.App. 765, 766, 629 S.E.2d 587 (2006) (holding that there was sufficient evidence to sustain defendant's family violence battery conviction under OCGA § 16–5–23.1 where the responding officer testified that the victim's face was red from the defendant's blow, as the victim's reddened face was harm capable of being perceived by a person-the officer-other than the victim); Babb v. State, 252 Ga.App. 518, 518, 520(5), 556 S.E.2d 562 (2001) (concluding that evidence was sufficient to support jury's verdict of battery, which required a showing of substantial physical harm or visible bodily harm, where the victim's neighbor and friend both testified that the victim's face appeared red and puffy or swollen after defendant struck her in the face). Although the accusation charged Walker with battery by causing Kari “visible bodily harm,” Walker nevertheless argues that the evidence did not support his conviction in that there was no evidence showing that Walker caused Kari to suffer “substantial bruising or substantially swollen body parts” when he punched her. Walker contends that the repeated use of the word “substantially” in the subsection (b) of the statute indicates a legislative intent to exclude minor wounds from the definition of “visible bodily injury.” There is no merit to Walker's contention. Indeed, subsection (b) clearly includes nothing more than a non-exhaustive list of examples of

  6. In the Interest of E. J

    283 Ga. App. 648 (Ga. Ct. App. 2007)   Cited 2 times

    OCGA § 16-5-23.1 (a); Glaze v. State, 253 Ga. App. 349, 350-351 ( 559 SE2d 90) (2002); Babb v. State, 252 Ga. App. 518, 520 (5) ( 556 SE2d 562) (2001). "A person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another."

  7. King v. State

    605 S.E.2d 63 (Ga. Ct. App. 2004)   Cited 4 times

    See Babb v. State.Babb v. State, 252 Ga. App. 518, 519 (3) ( 556 SE2d 562) (2001). 5. Finally, Appellant contends that the trial court erred by ultimately imposing a harsher sentence than one he had earlier been offered by the State in a plea agreement which he ultimately rejected.