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Kim v. the State

298 Ga. App. 402 (Ga. Ct. App. 2009)
Kim v. the State

8 Citing cases

  1. Long v. State

    324 Ga. App. 882 (Ga. Ct. App. 2013)   Cited 7 times
    Regarding notice of State's intent to introduce evidence of a similar crime or transaction

    While Long asked the trial court to officially deny his motion for a mistrial after the jury returned a verdict, this untimely action failed to preserve the issue for our review. See Kim v. State, 298 Ga.App. 402, 402–403(1), 680 S.E.2d 469 (2009). A renewal of a motion for mistrial “must occur immediately; it is not timely if it comes at the close of all the evidence, at the close of the State's evidence, or following the completion of the witness's testimony and that of a subsequent witness.”

  2. Dixon v. State

    303 Ga. App. 517 (Ga. Ct. App. 2010)   Cited 20 times
    Holding that trial court did not abuse its discretion in denying mistrial based upon allegation of prosecutorial misconduct when appellant failed to "point to evidence that the prosecutor intentionally solicited the improper comment from the witness" (punctuation omitted)

    (Citation, punctuation and footnote omitted.) Kim v. State, 298 Ga.App. 402, 403-404(2), 680 S.E.2d 469 (2009) (evidence supported trial court's finding that prosecutor did not solicit witness's improper comment). (Citation and punctuation omitted.)

  3. Cobb v. State

    302 Ga. App. 821 (Ga. Ct. App. 2010)   Cited 5 times

    (Punctuation omitted.) Kim v. State, 298 Ga. App. 402, 404 (2) ( 680 SE2d 469) (2009). See also Dukes v. State, 273 Ga. 890, 893 (3) (b) ( 548 SE2d 328) (2001); Kohler v. State, 300 Ga. App. 692, 697 (3) ( 686 SE2d 328) (2009).

  4. Morrison v. State

    810 S.E.2d 508 (Ga. 2018)   Cited 10 times

    See, e.g., Brooks v.State, 285 Ga. 246, 251 (5), 674 S.E.2d 871 (2009) ("A charge of prosecutorial misconduct is a serious charge and is not to be lightly made; having raised it, appellant has the duty to prove it by the record and by legal authority." (Citation and punctuation omitted) ); Kim v. State, 298 Ga. App. 402, 403-404 (2), 680 S.E.2d 469 (2009) (defendant failed to carry burden of showing prosecutor intentionally solicited improper comment). 3. Morrison asserts that the State deprived him of his right to a speedy trial and speedy indictment, and denied him the right to file a motion for discharge after taking 13 months to indict him.

  5. Watkins v. State

    862 S.E.2d 720 (Ga. Ct. App. 2021)

    5. Watkins claims that the State engaged in prosecutorial misconduct, including obtaining perjured testimony from the district attorney's investigator and a police officer. "A charge of prosecutorial misconduct is a serious charge and is not to be lightly made; having raised it, appellant has the duty to prove it by the record and by legal authority." Kim v. State , 298 Ga. App. 402, 403 (2), 680 S.E.2d 469 (2009) (citation and punctuation omitted). Watkins fails to support his claim that the investigator or officer gave perjured testimony.

  6. Walker v. State

    699 S.E.2d 902 (Ga. Ct. App. 2010)   Cited 9 times

    But Walker failed to preserve this issue for appeal by not renewing his motion for a mistrial after the trial court gave curative instructions in response to the testimony. See Fincher v. State, 216 Ga. 480, 482 (3) ( 578 SE2d 102) (2003); Kim v. State, 298 Ga. App. 402, 403 (1), n. 8 ( 680 SE2d 469) (2009); Anderson v. State, 236 Ga. App. 679, 685 (7) ( 513 SE2d 235) (1999). 6. Walker argues that the trial court committed reversible error by charging the jury that in assessing the reliability of an eyewitness identification, it could consider the level of certainty shown by the witness in his or her identification.

  7. Hood v. State

    690 S.E.2d 250 (Ga. Ct. App. 2010)   Cited 1 times

    (Punctuation omitted.) Kim v. State, 298 Ga. App. 402, 404 (2) ( 680 SE2d 469) (2009). DOYLE, Judge.

  8. Cline v. State

    685 S.E.2d 501 (Ga. Ct. App. 2009)   Cited 2 times

    The trial court denied the motion as untimely and Cline now contends that his trial counsel was ineffective for failing to make the motion in a timely manner. See, e.g., Kim v. State, 298 Ga. App. 402, 403 (1) ( 680 SE2d 469) (2009) ("after a trial court has issued a curative instruction, failure by the defendant to timely renew his motion for mistrial waives any error in the denial of that motion. The renewal must occur immediately; it is not timely if it comes at the close of all the evidence, at the close of the State's evidence, or following the completion of the witness's testimony and that of a subsequent witness") (citations and punctuation omitted); McKee v. State, 258 Ga. App. 99, 101 (3) ( 572 SE2d 740) (2002) ("[a] motion for mistrial which is not made at the time the question[] objected to [is] answered is not timely").