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Shelton v. State

350 Ga. App. 774 (Ga. Ct. App. 2019)
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Shelton v. State

6 Citing cases

  1. Spears v. State

    367 Ga. App. 92 (Ga. Ct. App. 2023)   Cited 1 times
    Holding that a notice of appeal, which was timely filed after the denial of the motion for new trial, ripened after the trial court issued a nolle pros order, even though the appellate court had dismissed the original appeal because of the existence of pending counts

    (Citations and punctuation omitted.) Glass v. State , 289 Ga. 542, 545 (2), 712 S.E.2d 851 (2011) ; see also Shelton v. State , 350 Ga. App. 774, 780-781 (2), 830 S.E.2d 335 (2019). In other words, "[o]nce the State has satisfied its obligation under OCGA §§ 17-8-5 (a) and 5-6-41 (a) by providing a verbatim transcript, if the defendant believes the transcript omits or misrepresents a necessary part of the proceeding, he has the responsibility to seek to correct the transcript in that respect."

  2. Ulbrich v. State

    870 S.E.2d 859 (Ga. Ct. App. 2022)

    (Citations, footnotes, and punctuation omitted.) Shelton v. State , 350 Ga. App. 774, 777 (1), 830 S.E.2d 335 (2019). As we have explained with regard to potential Bruton violations,

  3. Metro. Atlanta Rapid Transit Auth. v. Harrison

    903 S.E.2d 287 (Ga. Ct. App. 2024)

    Court of Appeals R. 18 (b). See Shelton v. State, 350 Ga. App. 774, 780 (2), 830 S.E.2d 335 (2019). While

  4. Schultz v. Lowe

    364 Ga. App. 345 (Ga. Ct. App. 2022)   Cited 7 times

    While it was Schultz's burden as the appellant to ensure that the DVD was included, this lapse is ultimately not dispositive of the appeal, as explained in Divisions 1 and 2 below. See Shelton v. State , 350 Ga. App. 774, 780 (2) n. 17, 830 S.E.2d 335 (2019) ; State v. Young , 339 Ga. App. 306 n. 5, 793 S.E.2d 186 (2016) ; see also Court of Appeals Rule 18 (b) ("[I]t is the burden of the appealing party to ensure that a complete record is transmitted to this Court on appeal, including the transmission of video or audio recordings.... The appellant's failure to complete the record may ... result in this Court declining to consider enumerations of error related to the missing evidence.").

  5. Hooper v. Townsend

    362 Ga. App. 532 (Ga. Ct. App. 2022)   Cited 3 times
    Affirming modification of custody based in part on mother's alienation of the child from the father, stating that "the mother obtained an ex parte temporary protective order to circumvent the father's parenting time, consistently failed to make the child available to the father by phone or video call, falsely represented that the child had a medical condition or travel/activity restriction to circumvent parenting time by the father, and coached the child to "reframe his interpretation of life events and experiences to reflect negatively upon [the father] and [the father's] family."

    11 (A)." Shelton v. State , 350 Ga. App. 774, 782 (3), 830 S.E.2d 335 (2019). OCGA § 15-1-8 (a) (1) and (2) provide that a judge shall not preside over any matter in which he or she is pecuniarily interested nor any matter "when such judge is related by consanguinity or affinity within the third degree as computed according to the civil law to any party interested in the result of the case or matter."

  6. Holland v. State

    357 Ga. App. 87 (Ga. Ct. App. 2020)   Cited 2 times

    It is well settled that the appellant bears the burden of compiling a complete record and ensuring that evidence introduced at a hearing is included in the record transmitted to this Court. Shelton v. State , 350 Ga. App. 774, 780 (2), 830 S.E.2d 335 (2019) ; Sherod , supra ; see Court of Appeals Rule 18 (b). "When a portion of the evidence bearing upon the issues raised by the enumerations of error is not brought up in the appellate record so that this court can make its determination from a consideration of it all, an affirmance as to that issue must result." Chernowski v. State , 330 Ga. App. 702, 706 n. 8, 769 S.E.2d 126 (2015) (citation and punctuation omitted).