Owens v. State

2 Citing cases

  1. Bly v. State

    283 Ga. 453 (Ga. 2008)   Cited 21 times

    Contrary to the State's argument, the cases on which it relies do not support an opposite conclusion inasmuch as they involved opinions based on matters personally observed by the testifying officer. E.g., Marshall v. State, 270 Ga. App. 663 ( 607 SE2d 258) (2004) (experienced officers involved in arrest could give opinion that packaging of marijuana discovered in car was consistent with preparing it for sale); Grant v. State, 195 Ga. App. 463 (1) ( 393 SE2d 737) (1990) (officer, based on professional experience and personal observation of intoxicated driver, could testify whether driver was less safe to drive); Owens v. State, 161 Ga. App. 184 ( 288 SE2d 262) (1982) (officer who personally interrogated defendant authorized to give opinion whether statement was knowingly and voluntarily made). Equally distinguishable are cases involving expert testimony by officers regarding their analyses of physical evidence, e.g., Williams v. State, 279 Ga. 731 (2) ( 620 SE2d 816) (2005) (blood spatter); Bacon v. State, 178 Ga. App. 546 (2) ( 343 SE2d 774) (1986) (accident reconstruction), because Harvey's opinion as to the propriety of Hawk's behavior was derived solely from his interviews with the witnesses for the State and the transcript establishes that his limited examination of some collateral aspects of the physical scene could have played no role in forming that opinion.

  2. Scriven v. State

    358 Ga. App. 503 (Ga. Ct. App. 2021)

    The deputy also testified that he fully advised Scriven of his Miranda rights and that Scriven indicated he understood them, that Scriven did not request a lawyer or that questioning be stopped, and that no offer of benefit or threats were made to induce the statement. See Owens v. State , 161 Ga. App. 184, 288 S.E.2d 262 (1982) (admission of officer's testimony at trial that defendant's pretrial statement was given freely and voluntarily was not done in error where officer testified to the circumstances giving rise to the statement.) Further, the trial court instructed the jury that they were to determine for themselves whether Scriven's statement was freely and voluntarily given.