Brockman v. State

24 Citing cases

  1. Smith v. State

    232 Ga. App. 290 (Ga. Ct. App. 1998)   Cited 38 times

    But an express finding that the scales weigh in favor of admission is not required.White v. State, 213 Ga. App. 429, 430-431 (1) ( 445 S.E.2d 309) (1994), citing Brockman v. State, 263 Ga. 637, 640 (3) ( 436 S.E.2d 316) (1993). (Citations and punctuation omitted.)

  2. White v. State

    213 Ga. App. 429 (Ga. Ct. App. 1994)   Cited 29 times

    Williams v. State, 261 Ga. 640, 642 (2b) ( 409 S.E.2d 649). Moreover, after the State has made the necessary showings at the USCR 31.3 (B) hearing, the trial court retains the sound legal discretion to exclude relevant similar crimes evidence on the ground that its probative value is substantially outweighed by the danger of unfair prejudice. See Brockman v. State, 263 Ga. 637, 640 (3) ( 436 S.E.2d 316). In the case sub judice, the trial court did not conduct an admissibility hearing pursuant to USCR 31.3 (B), nor did the trial court make a determination on the record that the State had satisfied the three requirements for the admission into evidence of the alleged similar transaction.

  3. Parker v. State

    296 Ga. 199 (Ga. 2014)   Cited 2 times
    Holding that an Allen charge was not coercive because the defendant "failed to identify any language in the pattern Allen charge given by the trial court that makes the instruction impermissibly coercive"

    In seeking to introduce evidence of other offenses for the purposes of establishing motive, plan, scheme, and bent of mind, the State need show no more than a “logical connection” between otherwise dissimilar crimes. Brockman v. State, 263 Ga. 637, 640, 436 S.E.2d 316 (1993). Furthermore, the proper focus in determining admissibility of similar transaction evidence is on the similarity between the separate crimes and the crime in question, not the differences.

  4. Brockman v. State

    292 Ga. 707 (Ga. 2013)   Cited 51 times
    Holding that the trial court’s adoption of a proposed order verbatim did not amount to either a denial of due process or evidence that the trial court failed to exercise its discretion under OCGA §§ 5-5-20 and 5-5-21

    In an interim appellate review of Brockman's case, this Court held that the trial court did not err by concluding that Brockman's videotaped statement, as well as other statements made by him to police, were admissible. See Brockman v. State, 263 Ga. 637, 637–639(1)(a)–(c), 436 S.E.2d 316 (1993). The revolver used to shoot Lynn was a double-action revolver that could be fired by either pulling the trigger or manually cocking it and then firing it in the same manner as a single-action revolver.

  5. Brockman v. State

    S12P1490 (Ga. Mar. 4, 2013)   Cited 1 times

    In an interim appellate review of Brockman's case, this Court held that the trial court did not err by concluding that Brockman's videotaped statement, as well as other statements made by him to police, were admissible. See Brockman v. State, 263 Ga. 637, 637-639 (1) (a) - (c) (436 SE2d 316) (1993). The revolver used to shoot Lynn was a double-action revolver that could be fired by either pulling the trigger or manually cocking it and then firing it in the same manner as a single-action revolver.

  6. McDougal v. State

    277 Ga. 493 (Ga. 2004)   Cited 35 times
    Holding defendant's post-invocation statement inadmissible despite fact that defendant had summoned detective to his holding cell, because there was no evidence defendant's intent was to discuss the investigation rather than some other issue related to his confinement

    Walton v. State, 267 Ga. 713, 716 (3) ( 482 S.E.2d 330) (1997). See also Bradshaw, 462 U.S. at 1044; Brockman v. State, 263 Ga. 637, 639 (1) (b) ( 436 S.E.2d 316) (1993); Sanders v. State, 182 Ga. App. 581, 583 (1) ( 356 S.E.2d 537) (1987). See Bradshaw, 462 U.S. at 1046.

  7. White v. State

    270 Ga. 804 (Ga. 1999)   Cited 32 times

    (1c). A defendant who has invoked his right to counsel may waive the right by initiating further communication with the police and knowingly and intelligently waiving the right to counsel and the right to remain silent. Brockman v. State, 263 Ga. 637 (1b) ( 436 S.E.2d 316) (1993); Brady v. State, 259 Ga. 573 (1) ( 385 S.E.2d 653) (1989). It is undisputed that appellant initiated further communication with the police by having his mother contact them on his behalf.

  8. Walton v. State

    267 Ga. 713 (Ga. 1997)   Cited 38 times
    In Walton v. State, 267 Ga. 713, 482 S.E.2d 330 (1997), disapproved of on other grounds by Toomer v. State, 292 Ga. 49, 734 S.E.2d 333 (2012), we concluded that the defendant's incriminating statements could be admitted even though the defendant, who had invoked his right to counsel to law enforcement in another state, was improperly asked by a Georgia detective as he was being transported back to the state whether he wanted to make a statement.

    Id., 462 U.S. at 1044-1045, 1055, n. 2. See also Edwards v. Arizona, supra, 451 U.S. at 486, n. 9; Brockman v. State, 263 Ga. 637 (1) (b) ( 436 S.E.2d 316) (1993). The record in the case at bar does not reflect that the second inquiry was made after it was determined that appellant initiated the conversation in the car.

  9. Mainer v. State

    479 S.E.2d 731 (Ga. 1997)   Cited 2 times

    It is apparent that the other two burglaries were part of a larger plan or scheme, which included the commission of the burglary for which Mainer was being tried in this case. Brockman v. State, 263 Ga. 637, 640 (3) ( 436 S.E.2d 316) (1993). 3.

  10. Bright v. State

    265 Ga. 265 (Ga. 1995)   Cited 105 times   1 Legal Analyses
    Finding harmful error for failure to grant funds to hire a psychiatrist and toxicologist

    Id. at 849. Where, as here, the accused initiates further discussions and knowingly and intelligently waives his Miranda rights, he may be interrogated further even if he has made a previous unequivocal request for counsel. Brockman v. State, 263 Ga. 637, 639 ( 436 S.E.2d 316) (1993); Guimond v. State, 259 Ga. 752, 754 ( 386 S.E.2d 158) (1989); Housel v. State, 257 Ga. 115, 121-122 ( 355 S.E.2d 651) (1987). 6. Contrary to Bright's contention in his ninth enumeration of error, the court did not err in denying the defense the opportunity to review before trial photographs of the crime scene, of Bright, and of the victims at the crime scene and during autopsy; and in denying the defense use of the photographs during the suppression hearing.