Phillips v. State

18 Citing cases

  1. Blevins v. State

    291 Ga. 814 (Ga. 2012)   Cited 14 times
    Holding that evidence that the appellant was near the crime scene at the time of the murder and shortly thereafter tried to pawn items that belonged to the victim was sufficient under former OCGA § 24-4-6

    Whether an alternative hypothesis is reasonable is a question committed principally to the jury that heard the evidence, “and where the jury is authorized to find that the evidence, though circumstantial, was sufficient to exclude every reasonable hypothesis save that of guilt, the appellate court will not disturb that finding, unless the verdict of guilty is unsupportable as a matter of law.” Phillips v. State, 287 Ga. 560, 562(1), 697 S.E.2d 818 (2010) (citations and punctuation omitted). As to his convictions for murder and armed robbery, Blevins argues that the bloodstained two-by-four and the fence post did not have any fingerprints on them, that no gloves were found, and that there were no marks, cuts, or scrapes on the inside of Blevins's hands when he was arrested.

  2. Moore v. State

    288 Ga. 187 (Ga. 2010)   Cited 24 times
    Concluding that whether the state made improper comments during closing argument was not preserved for appeal, where the defendant failed to object to the prosecutor's closing argument at the time

    Evidence of a defendant's independent offenses or bad acts is admissible if there is sufficient connection or similarity between the prior offenses or acts and the crime charged such that proof of the former tends to prove the latter. Phillips v. State, 287 Ga. 560(4), 697 S.E.2d 818 (2010). In assessing the admissibility of similar transaction evidence, the proper focus is on the similarities, rather than the differences, between the prior acts and the current crime.

  3. Carter v. State

    S19A0409 (Ga. May. 20, 2019)   Cited 12 times

    To that end, the text messages between Carter and Chepkuto and Carter's saliva on Chepkuto's penis showed that Carter was actually in Chepkuto's apartment around the time of Chepkuto's death. See Winston v. State, 303 Ga. 604, 607 (814 SE2d 408) (2018) (circumstantial evidence supporting murder conviction included evidence that the defendant was "the last person known to be with the victim at the time the killing took place"); Phillips v. State, 287 Ga. 560, 561 (697 SE2d 818) (2010) (circumstantial evidence supporting murder conviction included an admission that placed the defendant at the victim's "home within, at most, a very few hours of the death"). The evidence also revealed that calls were made from Chepkuto's personal cell phone on the night of his death—and showed the general locations from which those calls were made—in ways that implicated Carter. Notably, 12 minutes after Carter texted Chepkuto about his arrival at Chepkuto's apartment, a call from Chepkuto's personal cell phone to the customer service number of Chepkuto's bank pinged off a cell tower near Chepkuto's apartment complex.

  4. McNaughton v. State

    725 S.E.2d 590 (Ga. 2012)   Cited 16 times

    See Pareja, supra, 286 Ga. at 119–121, 686 S.E.2d 232. See also Hall, supra, 287 Ga. at 757(2), 699 S.E.2d 321 (evidence of 13– and 15–year–old similar transactions admissible); Phillips v. State, 287 Ga. 560(4), 697 S.E.2d 818 (2010) (evidence of 18–year–old similar transaction admissible); Wright v. State, 259 Ga.App. 74(1), 576 S.E.2d 64 (2003) (34–year–old similar transaction evidence admissible); Bryson v. State, 210 Ga.App. 642(2), 437 S.E.2d 352 (1993) (31–year–old similar transaction evidence admissible). Compare Slakman v. State, 272 Ga. 662, 669(4), 533 S.E.2d 383 (2000) (absence of evidence that defendant abused second wife created “significant break in the ‘course of criminal conduct’ ” affecting admissibility of similar transaction evidence).

  5. State v. Conner

    322 Ga. App. 636 (Ga. Ct. App. 2013)   Cited 7 times

    And this Court has previously held police roadblocks with similar identifying characteristics to be well identified as a matter of law.See Phillips v. State, 287 Ga. 560, 562–63(2), 697 S.E.2d 818 (2010) (identifying signs and cones as two of several factors that allowed the court to find that the roadblock was well identified); Brent v. State, 270 Ga. 160, 162(2), 510 S.E.2d 14 (1998) (identifying cones as one of several factors of a well identified roadblock).Harwood v. State, 262 Ga.App. 818, 821(1)(b), 586 S.E.2d 722 (2003); see also Clark, 318 Ga.App. at 876, 734 S.E.2d 839 (same)

  6. Brown v. State

    301 Ga. 728 (Ga. 2017)   Cited 9 times

    Moreover, although Brown questions the exact time of death, she appeared to know specific information about the death before police knew it, and she made incriminating admissions, which she contradicted at trial, that placed her in Gallimore’s home when things “went bad” near the probable time of death. See Walden, 289 Ga. at 846 (1); Phillips v. State, 287 Ga. 560 , 561 (1) (697 SE2d 818 ) (2010). Cf. Carter v. State, 239 Ga. 509 , 515-516 (238 SE2d 57 ) (1977).

  7. Abston v. State

    732 S.E.2d 50 (Ga. 2012)   Cited 2 times

    Reviewing the evidence in the light most favorable to the verdict, we conclude that it was sufficient to exclude every reasonable hypothesis save that of Abston's guilt and to enable a rational trier of fact to find him guilty beyond a reasonable doubt of the crimes of which he was convicted. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); Phillips v. State, 287 Ga. 560, 562(1), 697 S.E.2d 818 (2010). Judgment affirmed.

  8. Mutazz v. State

    722 S.E.2d 47 (Ga. 2012)   Cited 2 times

    Reviewing the evidence in the light most favorable to the verdicts, we conclude that it was sufficient to exclude every reasonable hypothesis other than Appellant's guilt and to authorize a rational trier of fact to find him guilty beyond a reasonable doubt of the crimes for which he was convicted, either as the perpetrator or as a party to the crimes. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); Brown v. State, 288 Ga. 902–905(1, 2), 708 S.E.2d 294 (2011); Phillips v. State, 287 Ga. 560, 562(1), 697 S.E.2d 818 (2010). 2.

  9. Ledford v. the State

    289 Ga. 70 (Ga. 2011)   Cited 72 times
    Holding that, despite changes at crime scene, trial court did not abuse its discretion in allowing jury site visit in capital murder trial “because the scene view might have aided the jurors in their understanding of the evidence despite the changes and because the jurors were able to see the original condition of the scene in the photographs that were in evidence”

    The trial court properly admitted this evidence, because it tended to confirm Ledford's role as the perpetrator of the successful abduction of the victim in this case under very similar circumstances. See Phillips v. State, 287 Ga. 560, 563-564 (4) ( 697 SE2d 818) (2010). 13.

  10. Griffin v. State

    708 S.E.2d 258 (Ga. 2011)

    "When considering the admissibility of similar transaction evidence, the proper focus is on the similarities, not the differences, between the separate [transaction] and the crime in question." Phillips v. State, 287 Ga. 560, 564 (4) ( 697 SE2d 818) (2010) (Citation and punctuation omitted.). In both instances, Griffin provided a pistol to one who was involved in an altercation, and that person used it to fire at another.