Cannon v. State

17 Citing cases

  1. Ivey v. State

    258 Ga. App. 587 (Ga. Ct. App. 2002)   Cited 22 times
    Reversing conviction where trial court abused its discretion by refusing to excuse a juror for cause, after judge improperly used a rehabilitation question to justify retaining the biased juror

    . . ."Lively v. State, 262 Ga. 510, 511(1) ( 421 S.E.2d 528) (1992); Cannon v. State, 250 Ga. App. 777, 779(1) ( 552 S.E.2d 922) (2001), disapproved on other grounds, Jackson v. State, 254 Ga. App. 562, 567(4) ( 562 S.E.2d 847) (2002), aff'd, Curtis v. State, 275 gA. 576 ( 571 S.E.2d 376) (2002). Supra, 250 Ga. App. at 260.

  2. Jackson v. State

    254 Ga. App. 562 (Ga. Ct. App. 2002)   Cited 16 times

    Supra, 233 Ga. App. at 220-221 (4). 250 Ga. App. 777, 782 (3) ( 552 S.E.2d 922) (2001). Supra, 190 Ga. App. at 30 (7).

  3. Massingill v. State

    366 Ga. App. 26 (Ga. Ct. App. 2022)

    275 Ga. 177, 563 S.E.2d 847 (2002). 250 Ga. App. 777, 552 S.E.2d 922 (2001), overruled in part on other grounds by Willis v. State , 304 Ga. 686, 706 (11) (a) n. 3, 820 S.E.2d 640 (2018).Kim , 275 Ga. at 177, 563 S.E.2d 847.

  4. Hollis v. State

    269 Ga. App. 159 (Ga. Ct. App. 2004)   Cited 11 times
    In Hollis, the State moved in limine to exclude certain evidence from a videotape that was potentially exculpatory to the defendant.

    " 250 Ga. App. 777 ( 552 SE2d 922) (2001), overruled in part on other grounds, Jackson v. State, 254 Ga. App. 562, 567 (4) ( 562 SE2d 847) (2002). 250 Ga. App. at 779 (1).

  5. Willis v. State

    304 Ga. 686 (Ga. 2018)   Cited 92 times
    Holding that, where the medical examiner testified that "any one of the wounds would have caused [the victim’s] death," separate convictions for aggravated assault and malice murder were not authorized

    014) ; Futch v. State, 326 Ga. App. 394, 398 (1) (c), 756 SE2d 629 (2014) ; Carter v. State, 326 Ga. App. 144, 149 (4), 756 S.E.2d 232 (2014) ; Stolte v. Fagan, 322 Ga. App. 775, 775, (746 S.E.2d 255) (2013) ; Bates v. State, 322 Ga. App. 319, 323 (3) n.3, 744 S.E.2d 841 (2013) ; Ham v. State, 303 Ga. App. 232, 240 (2) (a) n.23, 692 S.E.2d 828 (2010) ; Berry v. State, 302 Ga. App. 31, 33 (1) n.2, 690 S.E.2d 428 (2010) ; Underwood v. State, 283 Ga. App. 638, 639 (1) n.9, 642 S.E.2d 324 (2007) ; Souder v. State, 281 Ga. App. 339, 345 (3) n.4, 636 S.E.2d 68 (2006) ; Moses v. State, 265 Ga. App. 203, 207 (2) (a), 593 S.E.2d 372 (2004) ; Kier v. State, 263 Ga. App. 347, 350 (1), 587 S.E.2d 841 (2003) ; Bennett v. Mullally, 263 Ga. App. 215, 217 (1), 587 S.E.2d 385 (2003) ; Park v. State, 260 Ga. App. 879, 882 (1), 581 S.E.2d 393 (2003) ; Foster v. State, 258 Ga. App. 601, 609 (3) n.28, 574 S.E.2d 843 (2002) ; Ivey v. State, 258 Ga. App. 587, 593 (2) & n.15, 594 (2), 574 S.E.2d 663 (2002) ; Cannon v. State, 250 Ga. App. 777, 781 (1) & n.2, 552 S.E.2d 922 (2001) ; Davis v. State, 236 Ga. App. 32, 35 (5), 510 S.E.2d 889 (1999) ; Scruggs v. State, 227 Ga. App. 35, 35 (1) n.1, 488 S.E.2d 110 (1997) ; Thompson v. State, 212 Ga. App. 175, 175 (1), 442 S.E.2d 771 (1994) ; Lowman v. State, 197 Ga. App. 556, 557 (2), 398 S.E.2d 832 (1990) ; Howard v. State, 191 Ga. App. 418, 418-419 (2), 382 S.E.2d 159 (1989) ; Day v. State, 188 Ga. App. 648, 649 (4), 374 S.E.2d 87 (1988) ; Bass v. State, 183 Ga. App. 349, 352-353, 358 S.E.2d 837 (1987) ; Parisie v. State, 178 Ga. App. 857, 859 (2), 344 S.E.2d 727 (1986). Based on all of these considerations, we overrule Harris, 255 Ga. 464, 339 S.E.2d 712, and Fortson, 277 Ga. 164, 587 S.E.2d 39, and we hold that a defendant is not presumptively harmed by a trial court's erroneous failure to excuse a prospective juror for cause simply because the defendant subsequently elected to remove that juror through the use of a peremptory strike.

  6. Brannan v. State

    275 Ga. 70 (Ga. 2002)   Cited 39 times
    Holding it race neutral to strike a juror who had previously been charged with a criminal offense

    We conclude that the trial court did not abuse its discretion by finding that these three prospective jurors were qualified to serve. Brannan also argues that the trial court improperly "rehabilitated" these prospective jurors by asking them questions designed to ensure that they were qualified. See Walker v. State, 262 Ga. 694 (2) ( 424 S.E.2d 782) (1993); Cannon v. State, 250 Ga. App. 777 (1) ( 552 S.E.2d 922) (2001); Walls v. Kim, 250 Ga. App. 259 ( 549 S.E.2d 797) (2001). The voir dire transcript does not support this argument.

  7. Kirkland v. State

    274 Ga. 778 (Ga. 2002)   Cited 30 times
    In Kirkland, we held that a shareholder of a corporation was disqualified from serving as a juror in a case where the corporation was a party at interest as the victim of the charged offense.

    That is because "[a]n accused is entitled to a full panel of qualified jurors (that is, jurors not subject to being excused for cause) to which to direct his peremptory strikes." Cannon v. State, 250 Ga. App. 777, 781 (1) ( 552 S.E.2d 922) (2001). See also OCGA § 15-12-160; Harris v. State, 255 Ga. 464 (2) ( 339 S.E.2d 712) (1986) (failure to exhaust peremptory strikes before the final juror was impaneled does not render harmless the trial court's refusal to strike an unqualified juror).

  8. Guoth v. Hamilton

    273 Ga. App. 435 (Ga. Ct. App. 2005)   Cited 11 times
    Reversing and remanding for a new trial because appellant exhausted all peremptory challenges when trial court failed to strike jurors for cause

    Park, supra at 881-882 (1). Cannon v. State, 250 Ga. App. 777, 780 (1) ( 552 SE2d 922) (2001). 2.

  9. Valentine v. State

    265 Ga. App. 139 (Ga. Ct. App. 2004)   Cited 4 times
    In Valentine v. State, 265 Ga.App. 139(2), 592 S.E.2d 918 (2004), the Court of Appeals reversed a conviction because “neither the trial court nor the prosecutor elicited sufficient information about the juror's relationship with the victim's mother ‘to allow the court to make an objective evaluation of her partiality.’ [Cit.].” (emphasis in original).

    Neither the trial court nor the prosecutor elicited sufficient information about the juror's relationship with the victim's mother "to allow the court to make an objective evaluation of her partiality.[Cit.]" Cannon v. State, 250 Ga. App. 777, 780 ( 552 S.E.2d 922) (2001), overruled on other grounds, Jackson v. State, 254 Ga. App. 562, 566-567(4) ( 562 S.E.2d 847) (2002). Although trial courts generally have broad discretion in deciding whether to disqualify prospective jurors for cause, Kim, supra at 178, without more thorough questioning by the trial court or the prosecutor in this case, we conclude that the trial court abused this discretion in failing to excuse the juror, particularly when an alternate juror had been selected and stood ready to serve.

  10. Reddick v. State

    264 Ga. App. 487 (Ga. Ct. App. 2003)   Cited 20 times
    Holding that “a juror who expresses a willingness to try to be objective and whose bias arises from feelings about the particular crime as opposed to feelings about the accused may be eligible for service”

    where the trial court coercively "rehabilitated" a prospective juror who had expressed well-founded doubts about being able to serve impartially because of a close relationship with one of the parties or because of extrajudicial knowledge of the events at issue. Cf. Cannon v. State, 250 Ga. App. 777, 778-780(1) ( 552 S.E.2d 922) (2001) (conviction reversed where trial court rehabilitated juror who had a personal relationship with the victim and extrajudicial knowledge of the rape); overruled in part on other grounds, Jackson v. State, 254 Ga. App. 562, 566(4) ( 562 S.E.2d 847) (2002)] Walls v. Kim, 250 Ga. App. 259, ( 549 S.E.2d 797) (2001) (wrongful death judgment reversed where trial court rehabilitated juror, a nurse, who had worked with the defendant doctor and stated she would favor the doctor in the litigation). [aff'd, 275 Ga. 177 ( 563 S.E.2d 847) (2002)].