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Morgan v. State

303 Ga. App. 358 (Ga. Ct. App. 2010)
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Morgan v. State

3 Citing cases

  1. Smallwood v. State

    334 Ga. App. 224 (Ga. Ct. App. 2015)   Cited 7 times

    Smallwood's trial is distinguished because the witness only mentioned the defendant's past criminal history in reference to their relationship, and the court gave curative instructions only once.This case is more similar to Morgan v. State, where a witness responded that the defendant was incarcerated at some point when asked about her relationship with him. Morgan v. State, 303 Ga.App. 358, 361(2), 693 S.E.2d 504 (2010). This court ruled that “an unresponsive answer that impacts negatively on a defendant's character does not improperly place the defendant's character in issue.”

  2. Adcock v. State

    317 Ga. App. 468 (Ga. Ct. App. 2012)   Cited 2 times

    (Citation omitted.) Morgan v. State, 303 Ga.App. 358, 360(1), 693 S.E.2d 504 (2010). There was no evidence of any imminent threat of harm that would justify Adcock's use of force under OCGA § 16–3–21(a) ; no evidence of an unlawful entry into Adcock's habitation that would justify his use of force under OCGA § 16–3–23 ; and no evidence of tortious or criminal interference with Adcock's real or personal property that would justify his use of force under OCGA § 16–3–24.

  3. Russell v. State

    308 Ga. App. 328 (Ga. Ct. App. 2011)   Cited 5 times
    Holding that defendant was not entitled to a mistrial because of reference to his photograph being pulled from the website of the State Board of Pardons and Paroles, given that the reference was not purposefully elicited by the prosecutor, it did not identify any specific crime of which defendant had been convicted—although it implied a prior conviction—and trial court immediately gave a curative instruction

    And the written agreement between Russell and the Statham Police Department, which was admitted at trial as an exhibit, cannot reasonably be construed to authorize Russell to sell cocaine on the streets of Statham. The overwhelming evidence of guilt confirms our conclusion that the denial of the motion for a mistrial was no abuse of discretion. See Morgan v. State, 303 Ga. App. 358, 362 (2) ( 693 SE2d 504) (2010) (affirming denial of motion for mistrial where evidence of guilt was overwhelming, notwithstanding that witness twice referred to fact that defendant had served time in prison). See also Young v. State, 297 Ga. App. 248, 250 ( 676 SE2d 854) (2009) (denial of motion for mistrial was no abuse of discretion where prompt curative instruction was given and "the other evidence in the case was substantial and very damning"); Sorrells v. State, 267 Ga. 236, 239-240 (5) ( 476 SE2d 571) (1996) (allowing testimony that defendant "had been `in jail in Alabama'" was harmless error, given overwhelming evidence of guilt).