Price v. State

15 Citing cases

  1. Gibson v. State

    290 Ga. 6 (Ga. 2011)   Cited 26 times
    Holding that the defendant’s failure to make an objection at trial regarding the defendant’s decision not to testify waived the issue for appeal but addressing the merits of the defendant’s argument anyway

    4. Appellant contends the trial court erred by failing to affirmatively place on the record appellant's decision to testify in his own behalf. He failed to make this objection at trial, however, and has waived the right to assert this alleged error on appeal. See Price v. State, 280 Ga. 193(3), 625 S.E.2d 397 (2006). Even assuming the issue is properly before the Court, we find no error. Because the decision whether to testify in one's own defense is a “tactical decision to be made by the defendant himself after consultation with trial counsel,” there is no general requirement that a trial court interject itself into the decision-making process.

  2. Gibson v. State

    S11A1330 (Ga. Oct. 3, 2011)

    4. Appellant contends the trial court erred by failing to affirmatively place on the record appellant's decision to testify in his own behalf. He failed to make this objection at trial, however, and has waived the right to assert this alleged error on appeal. SeePrice v. State, 280 Ga. 193 (3) ( 625 SE2d 397) (2006). Even assuming the issue is properly before the Court, we find no error. Because the decision whether to testify in one's own defense is a "tactical decision to be made by the defendant himself after consultation with trial counsel," there is no general requirement that a trial court interject itself into the decision-making process.

  3. Gibson v. State

    288 Ga. 617 (Ga. 2011)   Cited 7 times
    In Gibson, we reversed a defendant's conviction where the trial judge, in response to a request from the jury for exhibits, stated "it would be reversible error" if the court gave jurors certain exhibits during deliberations and that they "would have to try the case all over again."

    This evidence was sufficient to enable a rational trier of fact to find Gibson guilty of the charged offenses beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 ( 99 SC 2781, 61 LE2d 560) (1979); Price v. State, 280 Ga. 193 (2) ( 625 SE2d 397) (2006). 2. Gibson argues that, by referring to the appellate process in its answer to a question from jurors during deliberations, the trial court erred.

  4. Nichols v. State

    285 Ga. 784 (Ga. 2009)   Cited 8 times
    Explaining that where the allegation of ineffectiveness raised on appeal differs from that raised before the trial court, the ground is deemed waived

    Thus, the logs introduced on behalf of the defense did not result in the impeachment about which Nichols complained and could not show a reasonable probability that the outcome of the trial would have been different if Nichols' attorney had not introduced any driver's logs. See Price v. State, 280 Ga. 193, 198 (5) (a) ( 625 SE2d 397) (2006), disapproved on other grounds, Patel v. State, 282 Ga. 412, 413 (2), fn. 2 ( 651 SE2d 55) (2007). (b) Nichols further contends that he was denied effective assistance when trial counsel failed to communicate Nichols' decision to accept a plea offer even though he informed counsel of that decision during voir dire.

  5. Gibson v. State

    283 Ga. 377 (Ga. 2008)   Cited 17 times
    Holding that it was appropriate for prosecutors to urge the jury to speak on behalf of the community and rid it of robbers and murderers

    [Cit.]" Price v. State, 280 Ga. 193, 195 (3) ( 625 SE2d 397) (2006), disapproved on other grounds, Patel v. State, 282 Ga. 412, 413, fn. 2 ( 651 SE2d 55) (2007). See also Barron v. State, 264 Ga. 865, 866, fn. 2 ( 452 SE2d 504) (1995); Finch v. State, 287 Ga. App. 319, 321 ( 651 SE2d 478) (2007).

  6. Robinson v. State

    283 Ga. 229 (Ga. 2008)   Cited 8 times

    [Cit.]" Price v. State, 280 Ga. 193, 195 (2) ( 625 SE2d 397) (2006), disapproved on other grounds, Patel v. State, 282 Ga. 412, 413 (2), fn. 2 ( 651 SE2d 55) (2007). Furthermore, the evidence that Robinson and the victim fought over a MARTA card did not require that Robinson be found guilty of voluntary manslaughter instead of felony murder.

  7. Davenport v. State

    283 Ga. 171 (Ga. 2008)   Cited 17 times
    Explaining that defense counsel "is given wide latitude in making closing arguments" and that trial counsel is not ineffective "simply because another attorney might have used different language or placed a different emphasis on the evidence"

    Doctor v. State, 275 Ga. 612, 615 (5) (d) ( 571 SE2d 347) (2002), overruled on other grounds, Jones v. State, 279 Ga. 854, 858 (3) ( 622 SE2d 1) (2005). See also Price v. State, 280 Ga. 193, 198 (5) (b) ( 625 SE2d 397) (2006), disapproved on other grounds, Patel v. State, 282 Ga. 412, 413 (2), fn. 2 ( 651 SE2d 55) (2007). Davenport also urges that trial counsel was ineffective in failing to state even once during closing argument that Davenport was justified in shooting Steven Tanks.

  8. Patel v. State

    282 Ga. 412 (Ga. 2007)   Cited 49 times
    Holding that the OCGA § 17–8–57 violation occurred when the court interrupted defense counsel's opening statement, which was apparently trying to raise a venue defense based on an interpretation of where venue is properly laid for charges of on-line solicitation and obscene contacts

    Thus, any alleged violation of OCGA § 17-8-57 "must be reviewed in accordance with the `plain error' rule, [cit.]" Berry v. State, 282 Ga. 376 (___ SE2d ___) (2007), and we disapprove Price v. State, 280 Ga. 193 (4) (a) ( 625 SE2d 397) (2006) and Raheem v. State, 275 Ga. 87 (10) ( 560 SE2d 680) (2002), to the extent the analysis therein is inconsistent with our holding in Division 3 of Paul, supra. The transcript reflects the following:

  9. Bolston v. State

    282 Ga. 400 (Ga. 2007)   Cited 8 times

    The evidence was sufficient to enable a rational trier of fact to reject Bolston's theory that he shot Turner in self-defense and to find him guilty of the charged offenses beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 LE2d 560) (1979); Price v. State, 280 Ga. 193 (2) ( 625 SE2d 397) (2006). 2.

  10. Roper v. State

    281 Ga. 878 (Ga. 2007)   Cited 32 times

    Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).Price v. State, 280 Ga. 193, 195 (2) ( 625 SE2d 397) (2006). 2.