Burt v. State

5 Citing cases

  1. Turbeville v. State

    268 Ga. App. 88 (Ga. Ct. App. 2004)   Cited 4 times

    (Citation and punctuation omitted.) Burt v. State, 156 Ga. App. 127, 128 (3) ( 274 SE2d 124) (1980). (Citation and punctuation omitted.)

  2. Killens v. State

    362 S.E.2d 425 (Ga. Ct. App. 1987)   Cited 24 times

    "We reject this enumeration upon either of two grounds. By failing to make a timely objection, [appellant] has waived any objection that might have been made. Burt v. State, 156 Ga. App. 127, 128 (3) ( 274 S.E.2d 124). Moreover, a mistrial will not lie where evidence is admitted without objection ( McCormick v. State, 152 Ga. App. 14, 15 (2) ( 262 S.E.2d 173)) and a motion for mistrial not made contemporaneously with the alleged misconduct makes the motion not timely. Favors v. State, 145 Ga. App. 864, 867 (4) ( 244 S.E.2d 902)." Bennett v. State, 165 Ga. App. 600, 601 (3) ( 302 S.E.2d 367).

  3. Keri v. State

    347 S.E.2d 236 (Ga. Ct. App. 1986)   Cited 42 times
    Finding expert testimony assisted the jury in understanding why sexually abused victims are secretive and frightened, why they may act out and become disciplinary problems, and why they could not give specific dates for the acts the defendant allegedly committed

    This court addressed a similar issue in Bennett v. State, 165 Ga. App. 600 (3) ( 302 S.E.2d 367), in which counsel failed to object to a question and answer until a later time in the trial. We found no reversible error because "[b]y failing to make a timely objection, [defendant] has waived any objection that might have been made. Burt v. State, 156 Ga. App. 127, 128 (3) ( 274 S.E.2d 124). Moreover, a mistrial will not lie where evidence is admitted without objection ( McCormick v. State, 152 Ga. App. 14, 15 (2) ( 262 S.E.2d 173)) and a motion for mistrial not made contemporaneously with the alleged misconduct makes the motion not timely." In Favors v. State, 145 Ga. App. 864, 866 ( 244 S.E.2d 902), where improper remarks were made during closing argument, we stated: "It has been held by this court many times that, when improper argument is made to the jury by an attorney for one of the parties, it is necessary, in order to make the same a basis for review, that opposing counsel make proper objection to it at the time made or invoke some ruling or instruction from the court respecting it, either by way of reprimanding counsel, or of instructing the jury to disregard it, or of declaring a mistrial.

  4. Mortimer v. State

    340 S.E.2d 649 (Ga. Ct. App. 1986)   Cited 3 times

    "We reject this enumeration upon either of two grounds. By failing to make a timely objection, [defendant] has waived any objection that might have been made. Burt v. State, 156 Ga. App. 127, 128 (3) ( 274 S.E.2d 124). Moreover, a mistrial will not lie where evidence is admitted without objection ( McCormick v. State, 152 Ga. App. 14, 15 (2) ( 262 S.E.2d 173) and a motion for mistrial not made contemporaneously with the alleged misconduct makes the motion not timely. Favors v. State, 145 Ga. App. 864, 867 (4) ( 244 S.E.2d 902)." Bennett v. State, 165 Ga. App. 600, 601 (3) ( 302 S.E.2d 367).

  5. Bennett v. State

    302 S.E.2d 367 (Ga. Ct. App. 1983)   Cited 19 times
    In Bennett v. State, 165 Ga. App. 600 (1) (302 S.E.2d 367) (1983), involving a state's witness who was allowed to give her opinion of an accused burglar's intent, this court held that "[c]onsidering the totality of the witness' testimony, there was no error in allowing the witness to give her opinion as to what she thought was the purpose of appellant's illegal entry where the opinion's basis was submitted to the jury for its evaluation and weight."

    We reject this enumeration upon either of two grounds. By failing to make a timely objection, Bennett has waived any objection that might have been made. Burt v. State, 156 Ga. App. 127, 128 (3) ( 274 S.E.2d 124). Moreover, a mistrial will not lie where evidence is admitted without objection ( McCormick v. State, 152 Ga. App. 14, 15 (2) ( 262 S.E.2d 173)) and a motion for mistrial not made contemporaneously with the alleged misconduct makes the motion not timely. Favors v. State, 145 Ga. App. 864, 867 (4) ( 244 S.E.2d 902). 4.