Cervi v. State

21 Citing cases

  1. Mathis v. State

    249 Ga. 454 (Ga. 1982)   Cited 24 times
    Addressing Code Ann. § 59-705, a prior version of the statute

    Where two or more statutory aggravating circumstances are found by the jury, the failure of one circumstances does not taint the proceeding so as to invalidate the other aggravating circumstances found in the sentence of death based thereon. Cervi v. State, 248 Ga. 325 ( 282 S.E.2d 629) (1981); Green v. State, 246 Ga. 598 ( 272 S.E.2d 475) (1980); Gates v. State, 244 Ga. 587 ( 261 S.E.2d 349) (1979). 13. Under our obligation to independently review the record as mandated by the Unified Appeal Procedure, this court has found one addressable error not dealt with above or set out in the appellant's enumerations of error.

  2. Krier v. State

    249 Ga. 80 (Ga. 1982)   Cited 21 times

    In addition, the confessions were obtained after appellant had been placed in the custody of Georgia authorities and brought back to this state, after extradition counsel had been discharged and appellant had been informed that he was entitled to counsel in Georgia, and after appellant had twice signed written waivers of his Miranda rights. See Cervi v. State, 248 Ga. 325 ( 282 S.E.2d 629) (1981); see also People v. Bartolomeo, 53 N.Y.2d 933 ( 440 N.Y.S.2d 927) (1981). In our view it would be unreasonable to hold that an assertion of rights in the asylum state (assuming one occurred) operated to prevent any further inquiry by authorities in the requesting state as to whether the accused would like to speak to them, where the requesting authorities reasonably understood that no request for counsel had been made.

  3. Cunningham v. State

    248 Ga. 558 (Ga. 1981)   Cited 40 times
    In Cunningham v. State, 248 Ga. 558 (284 S.E.2d 390) (1981), the Supreme Court ruled that there was no error where the State failed to produce the defendant's own allegedly exculpatory statements because "` Brady applies to' the discovery, after trial, of information which had been known to the prosecution but unknown to the defense.

    Jackson v. Virginia, supra. Cervi v. State, 248 Ga. 325 ( 282 S.E.2d 629) (1981). In that the sentences of death in this case rest partially upon a finding of Code Ann. § 27-2534.1 (b) (7), they must be reviewed in light of the United States Supreme Court's decision in Godfrey v. Georgia, 446 U.S. 420, supra, as construed by this court in Hance v. State, 245 Ga. 856 ( 268 S.E.2d 339) (1980).

  4. White v. State

    168 Ga. App. 794 (Ga. Ct. App. 1983)   Cited 11 times
    In White v. State, 168 Ga. App. 794, 796 (310 S.E.2d 540) (1983), a majority of the Court of Appeals held that Edwards had not been violated when an accused, who had requested to speak with an attorney after being arrested, gave an incriminating response to a detective who asked him whether he wished to make a statement.

    Under the circumstances of this case, it would be totally incongruous to hold that the detectives violated the defendant's right to counsel by asking him in the elevator if he wanted to make a statement. Accord Cervi v. State, 248 Ga. 325 (2) ( 282 S.E.2d 629) (1981); Krier v. State, 249 Ga. 80 (1) (a) ( 287 S.E.2d 531) (1982). With regard to the detectives' alleged representation to the defendant that it would be easier or better on him if he talked, there is no indication in the record that the defendant himself interpreted this as an offer of lighter punishment.

  5. Crowe v. State

    265 Ga. 582 (Ga. 1995)   Cited 104 times
    Holding that the defendant "has not shown that he was in any way prejudiced by" the trial judge's failure to immediately disclose his ex parte communications with the defendant to counsel

    Unlike Simmons v. United States, 390 U.S. 377 ( 88 S.C. 967, 19 L.Ed.2d 1247) (1968), Crowe's suppression hearing testimony was not admitted as evidence of his guilt, since he already had pled guilty and it was only a sentencing trial that was being conducted. See Cervi v. State, 248 Ga. 325, 330 (7) ( 282 S.E.2d 629) (1981). Crowe's suppression hearing testimony became relevant to the question of his sentence when his counsel asked the sheriff if he did not believe that Crowe "has a lot to live with here; pleading guilty to this, and telling you from day one that he's the one that did it?"

  6. Hittson v. State

    264 Ga. 682 (Ga. 1994)   Cited 19 times

    APPENDIX. Black v. State, 261 Ga. 791 ( 410 S.E.2d 740) (1991); Hall v. State, 261 Ga. 778 ( 415 S.E.2d 158) (1991); Todd v. State, 261 Ga. 766 ( 410 S.E.2d 725) (1991); Conklin v. State, 254 Ga. 558 ( 331 S.E.2d 532) (1985); West v. State, 252 Ga. 156 ( 313 S.E.2d 67) (1984); Cervi v. State, 248 Ga. 325 ( 282 S.E.2d 629) (1981); Baker v. State, 243 Ga. 710 ( 257 S.E.2d 192) (1979); Stanley v. State, 240 Ga. 341 ( 241 S.E.2d 173) (1977). THOMPSON, Justice.

  7. Patillo v. State

    258 Ga. 255 (Ga. 1988)   Cited 18 times
    Holding that State should have revealed agreement "no matter how non-promising the agreement was in terms of its prospects for the witness"

    APPENDIX.Housel v. State, 257 Ga. 115 ( 355 S.E.2d 651) (1987); Hance v. State, 254 Ga. 575 ( 332 S.E.2d 287) (1985); Allen v. State, 253 Ga. 390 ( 321 S.E.2d 710) (1984); Finney v. State, 253 Ga. 346 ( 320 S.E.2d 147) (1984); Conner v. State, 251 Ga. 113 ( 303 S.E.2d 266) (1983); Williams v. State, 250 Ga. 553 ( 300 S.E.2d 301) (1983); Mathis v. State, 249 Ga. 454 ( 291 S.E.2d 489) (1982); Smith v. State, 249 Ga. 228 ( 290 S.E.2d 43) (1982); Cunningham v. State, 248 Ga. 558 ( 284 S.E.2d 390) (1981); Cervi v. State, 248 Ga. 325 ( 282 S.E.2d 629) (1981); Cape v. State, 246 Ga. 520 ( 272 S.E.2d 487) (1980); Young v. State, 239 Ga. 53 ( 236 S.E.2d 1) (1977).

  8. State v. Jenkins

    363 S.E.2d 551 (Ga. 1988)

    The state claims that because the detective who obtained the statement did not know that Jenkins had ever refused to answer questions without having talked to a lawyer, the statement obtained was not inadmissible under Edwards v. Arizona, 451 U.S. 477 ( 101 S.C. 1880, 68 L.Ed.2d 378) (1981). The state relies upon this court's decision in Cervi v. State, 248 Ga. 325 ( 282 S.E.2d 629) (1981), cert. denied 456 U.S. 938 (1982), and upon White v. State, 168 Ga. App. 794 ( 310 S.E.2d 540) (1983). Jenkins responds that the present case is factually distinguishable from these cases and that under the totality of the circumstances the confession was not reliable. Cervi v. State, supra, is distinguishable from these case at hand.

  9. Housel v. State

    257 Ga. 115 (Ga. 1987)   Cited 13 times

    APPENDIX.Hance v. State, 254 Ga. 575 ( 332 S.E.2d 287) (1985); Allen v. State, 253 Ga. 390 ( 321 S.E.2d 710) (1984); Finney v. State, 253 Ga. 346 ( 320 S.E.2d 147) (1984); Conner v. State, 251 Ga. 113 ( 303 S.E.2d 266) (1983); Williams v. State, 250 Ga. 553 ( 300 S.E.2d 301) (1983); Mathis v. State, 249 Ga. 454 ( 291 S.E.2d 489) (1982); Smith v. State, 249 Ga. 228 ( 290 S.E.2d 43) (1982); Cunningham v. State, 248 Ga. 558 ( 284 S.E.2d 390) (1981); Cervi v. State, 248 Ga. 325 ( 282 S.E.2d 629) (1981); Cape v. State, 246 Ga. 520 ( 272 S.E.2d 487) (1980); Young v. State, 239 Ga. 53 ( 236 S.E.2d 1) (1977).

  10. Hance v. State

    254 Ga. 575 (Ga. 1985)   Cited 19 times
    Affirming death sentence; prosecutor's statement to jurors that "they would not be responsible for [the defendant's] execution" did not diminish the jury's sense of responsibility or deny the defendant fundamental fairness

    APPENDIX. Allen v. State, 253 Ga. 390 ( 321 S.E.2d 710) (1984); Finney v. State, 253 Ga. 346 ( 320 S.E.2d 147) (1984); Conner v. State, 251 Ga. 113 ( 303 S.E.2d 266) (1983); Williams v. State, 250 Ga. 553 ( 300 S.E.2d 301) (1983); Mathis v. State, 249 Ga. 454 ( 291 S.E.2d 489) (1982); Smith v. State, 249 Ga. 228 ( 290 S.E.2d 43) (1982); Cunningham v. State, 248 Ga. 558 ( 284 S.E.2d 390) (1981); Cervi v. State, 248 Ga. 325 ( 282 S.E.2d 629) (1981); Cape v. State, 246 Ga. 520 ( 272 S.E.2d 487) (1980); Westbrook v. State, 242 Ga. 151 ( 249 S.E.2d 524) (1978); Young v. State, 239 Ga. 53 ( 236 S.E.2d 1) (1977). DECIDED DENIED JULY 2, 1985 — REHEARING DENIED JULY 23, 1985.