Gann v. State

11 Citing cases

  1. Moreland v. State

    213 Ga. App. 75 (Ga. Ct. App. 1994)   Cited 6 times

    When cross-examined about his earlier testimony, Agent Platt explained one apparent inconsistency and admitted making another statement, so that there was nothing to impeach. See Gann v. State, 190 Ga. App. 82, 85 (3), 87 ( 378 S.E.2d 369). Moreover, judging from the request of the jurors in defendant's trial to view the videotape of the seller again, they gave the greatest weight to the objective photographic evidence while discounting defendant's alibi testimony. Accordingly, in the absence of actual prejudice, the harm alleged from the inability to cross-examine and impeach the live witness with the transcript of his previous testimony is only speculative.

  2. Brown v. State

    274 Ga. 31 (Ga. 2001)   Cited 62 times
    Holding that a police report prepared in a prosecution for cocaine possession was inadmissible under the business-records hearsay exception in former OCGA § 24–3–14

    In doing so, the Court of Appeals relied on several opinions from that court that hold that a police report may be admissible as a business entry where a proper foundation is laid, but is generally inadmissible when it includes hearsay statements, opinion evidence, and conclusions. Gann v. State, 190 Ga. App. 82(1) ( 378 S.E.2d 369)(1989); Reed v. Heffernan, 171 Ga. App. 83(1) ( 318 S.E.2d 700)(1984); Johnson v. State, 168 Ga. App. 271(1) ( 308 S.E.2d 681)(1983); Pickett v. State, 123 Ga. App. 1(2)( 179 S.E.2d 303) (1970). To the extent these cases or any other cases hold that a police report narrative like the one at issue is admissible as a business record, they are overruled. Johnson v. State, 247 Ga. App. 660(3)(544 S.E.2d 496)(2001); Shoney's, Inc. v. Hudson, 218 Ga. App. 171(1)( 460 S.E.2d 809)(1995); Curtis v. State, 190 Ga. App. 173(2)( 378 S.E.2d 516)(1989); Fine v. APAC-Georgia, Inc., 192 Ga. App. 895(1)( 386 S.E.2d 692)(1989); Johnson v. Dallas Glass Co., 183 Ga. App. 584(2)( 359 S.E.2d 448)(1987); Jones v. Davis, 183 Ga. App. 401(2a)( 359 S.E.2d 187)(1987); Estes v. State, 165 Ga. App. 453(2)( 301 S.E.2d 504)(1983); Bramblett v. State, 139 Ga. App. 745(4)( 229 S.E.2d 484)(1976); Calhoun v. Chappell, 117 Ga. App. 865(2)( 162 S.E.2d 300)(1968); Stubbs v. Daughtry, 115 Ga. App. 22( 1

  3. Savage v. State

    556 S.E.2d 176 (Ga. Ct. App. 2001)   Cited 10 times

    See Gann, supra at 85; Kelley, supra at 179 (1). The trial court did not err in refusing to give an instruction on the defense of accident under the facts of this case. Gann v. State, 190 Ga. App. 82, 85 (2) ( 378 S.E.2d 369) (1989).Brown v. State, 2001 Ga. Lexis 534 (July 2, 2001).

  4. Brown v. State

    245 Ga. App. 149 (Ga. Ct. App. 2000)   Cited 5 times

    The facts contained a police report are admissible under the business records exception to the hearsay rule. Gann v. State, 190 Ga. App. 82, 83 (1) ( 378 S.E.2d 369) (1989); Johnson v. State, 168 Ga. App. 271 (1) ( 308 S.E.2d 681) (1983); Reed v. Heffernan, 171 Ga. App. 83, 84 (1) ( 318 S.E.2d 700) (1984); Pickett v. State, 123 Ga. App. 1 (2) ( 179 S.E.2d 303) (1970). Thereafter, the prosecutor laid a proper foundation for the admission of the report through the testimony of Detective Lee.

  5. Cunningham v. State

    535 S.E.2d 262 (Ga. Ct. App. 2000)   Cited 13 times

    Absent such a showing, there is no reversible error.Beene v. State, 202 Ga. App. 857 (1) ( 415 S.E.2d 545) (1992); Gann v. State, 190 Ga. App. 82, 85-87 (3) ( 378 S.E.2d 369) (1989). 2.

  6. Kier v. State

    525 S.E.2d 102 (Ga. Ct. App. 1999)   Cited 2 times

    But this does not automatically require a new trial. Harm as well as error must be shown. Gann v. State, 190 Ga. App. 82, 85, 86-87 (3) ( 378 S.E.2d 369). The controlling issue in the case sub judice, then, is whether a free transcript would have provided defendant with an effective tool for impeachment. Defendant argues that a transcript of his first trial would have been valuable to him because it would have enabled him to impeach the State's only eyewitness — Agent Zelda Gonzalez of the Thomas County-Thomasville Narcotics Vice Division. We agree.

  7. Cummings v. State

    505 S.E.2d 73 (Ga. Ct. App. 1998)   Cited 4 times

    Where there is no harm, there is no basis for reversal. See Gann v. State, 190 Ga. App. 82, 84-85 (1) ( 378 S.E.2d 369) (1989). 4. Cummings contends the undercover agent's in-court identification of him as the seller was tainted when a show-up was conducted more than two years after the sales took place.

  8. Parker v. State

    230 Ga. App. 578 (Ga. Ct. App. 1998)   Cited 7 times
    Noting that failure to instruct jury that State had burden of proving absence of elements of defendant's justification defense was "critical omission could lead the jury to conclude that it was defendant's obligation to prove his justification for his actions against [victim]"

    This was a correct statement of the law. See Gann v. State, 190 Ga. App. 82 83 (1) ( 378 S.E.2d 369) (1989). The trial court then merely instructed the jury to base its verdict on the evidence that was introduced in the case.

  9. McBee v. State

    228 Ga. App. 16 (Ga. Ct. App. 1997)   Cited 32 times

    For a conviction to be reversed, appellant must show both error and harm. See Moreland v. State, 213 Ga. App. 75 ( 443 S.E.2d 701) (1994); Gann v. State, 190 Ga. App. 82 ( 378 S.E.2d 369) (1989). Such impeachment, while improper, did not rise to the level of reversible error.

  10. Beene v. State

    415 S.E.2d 545 (Ga. Ct. App. 1992)   Cited 5 times

    Without deciding whether Beene adequately established he was entitled to be provided with a copy of the transcript, there can be no reversible error where no harm is shown. Gann v. State, 190 Ga. App. 82, 85-87 ( 378 S.E.2d 369) (1989). 2.