Nguyen v. State

4 Citing cases

  1. Clark v. State

    799 S.E.2d 202 (Ga. 2017)   Cited 7 times
    Rejecting appellant's claim of ineffective assistance of counsel for failure to object to the State's references to the victim's death as a "murder" during examination of some witnesses because, inter alia, appellant failed to show he was harmed by use of the word

    Moreover, the jury was also instructed, inter alia, about the presumption of Clark's innocence, the State's burden of proof, and the elements of the crimes of malice murder and felony murder. See Nguyen v. State , 279 Ga.App. 129, 133 (5) (b), 630 S.E.2d 636 (2006) (in circumstances in which jury was properly instructed on the elements of rape and the State's burden of proof, trial counsel's failure to file motion in limine to prevent State and its witnesses from using term "rape" during rape trial did not constitute ineffective assistance of counsel). Furthermore, this Court has rejected the claim that a defendant is denied a fair trial because witnesses use the term "murder" during their testimony.

  2. Armstrong v. State

    286 Ga. 420 (Ga. 2010)   Cited 6 times

    Proof of venue is sufficient where the State has submitted a map of the crime scene area into evidence and presented testimony that the crime occurred on a street located in the county in which the defendant is being prosecuted. Radford v. State, 251 Ga. 50 (3) ( 302 SE2d 555) (1983); Nguyen v. State, 279 Ga. App. 129 (2) ( 630 SE2d 636) (2006). Here, eyewitnesses to the incident consistently stated the shooting took place in the Allgood Terrace "circle" or cul-de-sac.

  3. Lowery v. State

    347 Ga. App. 26 (Ga. Ct. App. 2018)   Cited 2 times
    Noting that counsel never sought a specific ruling on objection to timeliness of Rule 404 (b) notice, and finding that defendant waived issue on appeal because counsel failed to raise a valid objection

    Moreover, the RICO charges in this case were based on fraud, and Weidman does not assert that the jury was not properly charged on the issues. See also Clark v. State , 300 Ga. 899, 902 (2) (a), 799 S.E.2d 202 (2017) (in light of proper jury instructions, trial counsel's failure to file motion in limine to prevent State and its witnesses from using term "murder" during murder trial did not constitute ineffective assistance of counsel); Nguyen v. State , 279 Ga. App. 129, 133 (5) (b), 630 S.E.2d 636 (2006) (same for term "rape"). 5. Failure to charge jury on sole defense . Weidman also asserts that the trial court erred in failing to give her requested jury charge on mistake of fact as it represented her sole defense.

  4. Mikell v. State

    637 S.E.2d 142 (Ga. Ct. App. 2006)   Cited 17 times

    See Nguyen v. State.Nguyen v. State, 279 Ga. App. 129, 133 (5) (a) ( 630 SE2d 636) (2006). (b) Mikell contends that his trial counsel failed to meet with him an adequate number of times or review discovery with him, which would have led to an alibi defense.