Cartaya v. State

6 Citing cases

  1. Igidi v. State

    554 S.E.2d 773 (Ga. Ct. App. 2001)   Cited 14 times

    (Citation omitted.) Cartaya v. State, 176 Ga. App. 404, 405 ( 336 S.E.2d 324) (1985). MIKELL, Judge.

  2. Rushin v. State

    348 S.E.2d 910 (Ga. Ct. App. 1986)   Cited 8 times

    Upon review of the entire record, we find there was sufficient evidence adduced at trial from which any rational trior of fact could have found proof of appellant's guilt beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 L.Ed.2d 560) (1979); Cartaya v. State, 176 Ga. App. 404, 405 ( 336 S.E.2d 324) (1985). 3. The State called one of the investigating officers as its witness.

  3. Weaver v. State

    178 Ga. App. 91 (Ga. Ct. App. 1986)   Cited 13 times

    A trial court has broad discretion in ruling on a motion for a mistrial, and this court will not disturb such ruling in the absence of a manifest abuse of that discretion which threatens the defendant's right to a fair trial. See McCormick v. State, 152 Ga. App. 14 ( 262 S.E.2d 173) (1979); Cartaya v. State, 176 Ga. App. 404 (2) ( 336 S.E.2d 324) (1985). We find the trial court's remedial instructions to the jury in the present case sufficient to insure Weaver's right to a fair trial.

  4. Martinez v. State

    336 S.E.2d 349 (Ga. Ct. App. 1985)   Cited 2 times

    Johnson v. State, 238 Ga. 59, 61 ( 230 S.E.2d 869) (1976). See Cartaya v. State, 176 Ga. App. 404 ( 336 S.E.2d 324) (1985). This enumeration is also without merit.

  5. Lockett v. State

    460 S.E.2d 857 (Ga. Ct. App. 1995)   Cited 6 times
    In Lockett, the Court stated: "[p]ermitting those who contest a forfeiture to delay substantiating their claim of ownership until months after the statutory hearing has concluded contradicts the very purpose of this statutory scheme and should not be permitted."

    "In a condemnation action the state must first carry its burden of proof by a preponderance of the evidence to establish a prima facie case for the forfeiture of the property. Bloodworth v. State (of Ga.), 185 Ga. App. 880 ( 336 S.E.2d 324) (1988)." State of Ga. v. Banks, 215 Ga. App. 828, 831 (2), 832 ( 452 S.E.2d 533).

  6. State of Ga. v. Banks

    215 Ga. App. 828 (Ga. Ct. App. 1994)   Cited 16 times
    Setting state's burden of proof at preponderance of the evidence

    "In a condemnation action the state must first carry its burden of proof by a preponderance of the evidence to establish a prima facie case for forfeiture of the property. Bloodworth v. State [of Ga.], 185 Ga. App. 880 ( 336 S.E.2d 324) (1988). A [claimant] invoking the innocent owner exception has a two-fold burden.