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Green v. State

50 Citing cases

  1. Green v. Zant

    715 F.2d 551 (11th Cir. 1983)   Cited 39 times
    Confronting the precise issue of whether a juror had been impermissibly dismissed due to her refusal to impose the death penalty and concluding that “[c]ertainly it would violate a criminal defendant's due process rights were a court to dismiss a juror because of her refusal to impose the death penalty in a given case”

    The Supreme Court of Georgia affirmed. Green v. State, 246 Ga. 598, 272 S.E.2d 475 (1980). The United States Supreme Court denied certiorari.

  2. Cervi v. State

    248 Ga. 325 (Ga. 1981)   Cited 21 times

    Where two or more statutory aggravating circumstances are found by the jury, the failure of one circumstance does not taint the proceeding so as to invalidate the other aggravating circumstances found in the sentence of death based thereon. Green v. State, 246 Ga. 598 (21) ( 272 S.E.2d 475) (1980); Gates v. State, 244 Ga. 587 ( 261 S.E.2d 349) (1979); Gregg v. State, 233 Ga. 117 ( 210 S.E.2d 659) (1974). No possible prejudice to the appellant resulted, because there was evidence of a capital felony properly before the jury, and such evidence beyond a reasonable doubt would support a finding that the murder occurred during a kidnapping with bodily injury and an armed robbery.

  3. Wallace v. State

    907 S.E.2d 657 (Ga. 2024)

    Security of the courtroom is in the discretion of the trial court and cannot be abdicated to law enforcement personnel. See Green v. State, 246 Ga. 598, 600 (6), 272 S.E.2d 475 (1980). While consultation with law enforcement personnel is advisable, see id., the ultimate decision must be that of the trial court, guided by the law.

  4. Ward v. State

    316 Ga. 295 (Ga. 2023)   Cited 8 times
    Holding that the evidence was sufficient for the jury to find the appellant guilty as a party to the crime of murder and aggravated assault where an eyewitness identified the appellant as one of the parties involved in the victim’s stabbing, and the witness explained that Ward’s gang was executing the "hit" put out on the victim

    Under these circumstances, Dewberry has not shown that allowing a substantial police presence throughout the courtroom was an abuse of the trial court's discretion. See Mohamed v. State , 307 Ga. 89, 94 (3) (a), 834 S.E.2d 762 (2019) (trial counsel did not perform deficiently for failing to object to the presence of five to ten uniformed officers spread throughout the courtroom, particularly when the crimes occurred in prison); Spivey v. State , 253 Ga. 187, 203-204 (12), 319 S.E.2d 420 (1984) (upholding trial court's order allowing officers in the courtroom for a murder trial when the officers were not "forming any semicircle around [the defendant]"); Green v. State , 246 Ga. 598, 600 (6), 272 S.E.2d 475 (1980) (upholding trial court's decision to allow five armed deputies in the courtroom when defendant "was a convicted murderer with a record of escape"). 6. Dewberry contends that the trial court erred by denying his request to remove handcuffs from James Mills, an inmate defense witness, for his testimony while Denison—one of the State's main witnesses—was allowed to testify without handcuffs.

  5. Martin v. State

    284 Ga. 504 (Ga. 2008)   Cited 3 times

    See Romine, supra, 256 Ga. at 528 (3). Martin's guilty plea to all counts of the indictment did not relieve the State of its burden, before a death sentence could be imposed, to prove beyond a reasonable doubt the existence of at least one statutory aggravating circumstance alleged in its notice of intent to seek the death penalty. OCGA § 17-10-30 (c); Green v. State, 246 Ga. 598 (10) ( 272 SE2d 475) (1980). In Martin's case, several of the statutory aggravating circumstances contended by the State are also offenses with which Martin is charged and will be tried at his guilt/innocence trial.

  6. Benefield v. State

    278 Ga. 464 (Ga. 2004)   Cited 14 times

    However, we have also recognized that the polling process is readily misunderstood by the jurors. Green v. State, 246 Ga. 598, 604 (17) ( 272 SE2d 475) (1980). That is especially true with regard to the somewhat ambiguous question regarding the "verdict" which "was" reached in the jury room.

  7. Guess v. State

    264 Ga. 335 (Ga. 1994)   Cited 30 times
    In Guess v. State, 264 Ga. 335 (8) (443 S.E.2d 477) (1994), we addressed the same enumerated error regarding the same illustrative instruction and found no reversible error.

    The trial court's refusal of the requested relief is enumerated as error. When jurors have been exposed to inadmissible material, the trial court must exercise discretion in passing on a motion for mistrial ( Edwards v. State, 200 Ga. App. 580 (1) ( 408 S.E.2d 802) (1991)) or in deciding whether to replace jurors with alternates. Green v. State, 246 Ga. 598 (16) ( 272 S.E.2d 475) (1980). Given the questioning of the two jurors by the trial court, the response of the jurors, and the instructions subsequently given to the jury, we find no abuse of discretion in denying the motion for mistrial and in refusing to substitute the alternate jurors.

  8. Brown v. State

    261 Ga. 66 (Ga. 1991)   Cited 15 times

    APPENDIX.Pitts v. State, 259 Ga. 745 ( 386 S.E.2d 351) (1989); Williams v. State, 258 Ga. 281 ( 368 S.E.2d 742) (1988); Ford v. State, 255 Ga. 81 ( 335 S.E.2d 567) (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); High v. State, 247 Ga. 289 ( 276 S.E.2d 5) (1981); Justus v. State, 247 Ga. 276 ( 276 S.E.2d 242) (1981); Green v. State, 246 Ga. 598 ( 272 S.E.2d 475) (1980); Stevens v. State, 245 Ga. 583 ( 266 S.E.2d 194) (1980); Burger v. State, 245 Ga. 458 ( 265 S.E.2d 796) (1980); Hardy v. State, 245 Ga. 272 ( 264 S.E.2d 209) (1980); Gates v. State, 244 Ga. 587 ( 261 S.E.2d 349) (1979); Brooks v. State, 244 Ga. 574 ( 261 S.E.2d 379) (1979); Collins v. State, 243 Ga. 291 ( 253 S.E.2d 729) (1979); Ruffin v. State, 243 Ga. 95 ( 252 S.E.2d 472) (1979); Johnson v. State, 242 Ga. 649 ( 250 S.E.2d 394) (1978); Morgan v. State, 241 Ga. 485 ( 246 S.E.2d 198) (1978); Moore v. State, 240 Ga. 807 ( 243 S.E.2d 1) (1978). WELTNER, Justice.

  9. Gary v. State

    260 Ga. 38 (Ga. 1990)   Cited 15 times

    APPENDIX.Curry v. State, 255 Ga. 215 ( 336 S.E.2d 762) (1985); Ross v. State, 254 Ga. 22 ( 326 S.E.2d 194) (1985); Devier v. State, 253 Ga. 604 ( 323 S.E.2d 150) (1984); Allen v. State, 253 Ga. 390 ( 321 S.E.2d 710) (1984); Felker v. State, 252 Ga. 351 ( 314 S.E.2d 621) (1984); Brown v. State, 250 Ga. 66 ( 295 S.E.2d 727) (1982); Messer v. State, 247 Ga. 316 ( 276 S.E.2d 15) (1981); Justus v. State, 247 Ga. 276 ( 276 S.E.2d 242) (1981); Green v. State, 246 Ga. 598 ( 272 S.E.2d 475) (1980); Cape v. State, 246 Ga. 520 ( 272 S.E.2d 487) (1980); Thomas v. State, 245 Ga. 688 ( 266 S.E.2d 499) (1980); Gates v. State, 244 Ga. 587 ( 261 S.E.2d 349) (1979); Brooks v. State, 244 Ga. 574 ( 261 S.E.2d 379) (1979); Collins v. State, 243 Ga. 291 ( 253 S.E.2d 729) (1979); Spraggins v. State, 243 Ga. 73 ( 252 S.E.2d 620) (1979); Davis v. State, 242 Ga. 901 ( 252 S.E.2d 443) (1979); Johnson v. State, 242 Ga. 649 ( 250 S.E.2d 394) (1978); Moore v. State, 240 Ga. 807 ( 243 S.E.2d 1) (1978); Gibson v. State, 236 Ga. 874 ( 226 S.E.2d 63) (1976); McCorquodale v. State, 233 Ga. 369 ( 211 S.E.2d 577) (1974). DECIDED MARCH 6, 1990 — RECONSIDERATION DENIED MARCH 28, 1990.

  10. Pitts v. State

    386 S.E.2d 351 (Ga. 1989)   Cited 10 times
    In Pitts v. State, Ga.Supr., 386 S.E.2d 351 (1989), cert. denied, 498 U.S. 881, 111 S.Ct. 217, 112 L.Ed.2d 177, reh'g. denied, 498 U.S. 994, 111 S.Ct. 543, 112 L.Ed.2d 552 (1990), that court allowed as an aggravating circumstance evidence of the original crime charged where the defendant pled to a lesser charge.

    APPENDIX.Williams v. State, 258 Ga. 281 ( 368 S.E.2d 742) (1988); Ford v. State, 255 Ga. 81 ( 335 S.E.2d 567) (1987); Alderman v. State, 253 Ga. 390 ( 321 S.E.2d 710) (1984); Finney v. State, 253 Ga. 346 ( 320 S.E.2d 147) (1984); Brown v. State, 250 Ga. 66 ( 295 S.E.2d 727) (1982); High v. State, 247 Ga. 289 ( 276 S.E.2d 5) (1981); Justus v. State, 247 Ga. 276 ( 276 S.E.2d 242) (1981); Green v. State, 246 Ga. 598 ( 272 S.E.2d 475) (1980); Stevens v. State, 245 Ga. 583 ( 266 S.E.2d 194) (1980); Burger v. State, 245 Ga. 458 ( 265 S.E.2d 796) (1980); Hardy v. State, 245 Ga. 272 ( 264 S.E.2d 209) (1980); Gates v. State, 244 Ga. 587 ( 261 S.E.2d 349) (1979); Brooks v. State, 244 Ga. 574 ( 261 S.E.2d 379) (1979); Collins v. State, 243 Ga. 291 ( 253 S.E.2d 729) (1979); Ruffin v. State, 243 Ga. 95 ( 252 S.E.2d 472) (1979); Johnson v. State, 242 Ga. 649 ( 250 S.E.2d 394) (1978); Morgan v. State, 241 Ga. 485 ( 246 S.E.2d 198) (1978); Moore v. State, 240 Ga. 807 ( 243 S.E.2d 1) (1978). DECIDED DECEMBER 5, 1989 — RECONSIDERATION DENIED DECEMBER 20, 1989.