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Souder v. State

281 Ga. App. 339 (Ga. Ct. App. 2006)
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Souder v. State

8 Citing cases

  1. Fencil v. State

    654 S.E.2d 472 (Ga. Ct. App. 2007)

    When a juror expresses a willingness to evaluate the evidence objectively, and when the juror's potential bias arises out of a personal experience with a particular type of crime rather than out of a close relationship with the parties involved in the case, the juror may be eligible for service. See Garrett v. State, 280 Ga. 30-31 (2) ( 622 SE2d 323) (2005); Holmes v. State, 269 Ga. 124, 125-126 (2) ( 498 SE2d 732) (1998); Souder v. State, 281 Ga. App. 339, 345-346 (3) ( 636 SE2d 68) (2006); Brown v. State, 243 Ga. App. 632, 633(1) ( 534 SE2d 98) (2000). Here, none of the panel members had a personal connection to or relationship with anyone involved in the criminal case.

  2. Cuyuch v. State

    286 Ga. App. 629 (Ga. Ct. App. 2007)   Cited 3 times

    Souder v. State.Souder v. State, 281 Ga. App. 339, 341 (1) ( 636 SE2d 68) (2006). So viewed, the evidence shows that at approximately 1:30 a.m., a 16-year-old male who was crying and bleeding heavily from a cut on his left arm approached a City of Canton police officer in a restaurant parking lot.

  3. Willis v. State

    304 Ga. 686 (Ga. 2018)   Cited 92 times
    Holding that, where the medical examiner testified that "any one of the wounds would have caused [the victim’s] death," separate convictions for aggravated assault and malice murder were not authorized

    d or disapproved to the extent that they relied on or referred to the holdings in Harris and Fortson: Coffee v. State, No. A18A0960, 2018 WL 4698373 at *1-2, 2018 Ga. App. LEXIS 544 at *4-5 (1) (Ga. App. Oct. 1, 2018) ; DeSantos v. State, 345 Ga. App. 545, 549 (1) & n.3, 813 S.E.2d 782 (2018) ; Budhani v. State, 345 Ga. App. 34, 40 (2) n.6, 812 S.E.2d 105 (2018) ; Scarpaci v. Kaufman, 328 Ga. App. 446, 446, 762 S.E.2d 172 (2014) ; Wheeler v. State, 327 Ga. App. 313, 316 (1) n.6, 758 S.E.2d 840 (2014) ; Futch v. State, 326 Ga. App. 394, 398 (1) (c), 756 SE2d 629 (2014) ; Carter v. State, 326 Ga. App. 144, 149 (4), 756 S.E.2d 232 (2014) ; Stolte v. Fagan, 322 Ga. App. 775, 775, (746 S.E.2d 255) (2013) ; Bates v. State, 322 Ga. App. 319, 323 (3) n.3, 744 S.E.2d 841 (2013) ; Ham v. State, 303 Ga. App. 232, 240 (2) (a) n.23, 692 S.E.2d 828 (2010) ; Berry v. State, 302 Ga. App. 31, 33 (1) n.2, 690 S.E.2d 428 (2010) ; Underwood v. State, 283 Ga. App. 638, 639 (1) n.9, 642 S.E.2d 324 (2007) ; Souder v. State, 281 Ga. App. 339, 345 (3) n.4, 636 S.E.2d 68 (2006) ; Moses v. State, 265 Ga. App. 203, 207 (2) (a), 593 S.E.2d 372 (2004) ; Kier v. State, 263 Ga. App. 347, 350 (1), 587 S.E.2d 841 (2003) ; Bennett v. Mullally, 263 Ga. App. 215, 217 (1), 587 S.E.2d 385 (2003) ; Park v. State, 260 Ga. App. 879, 882 (1), 581 S.E.2d 393 (2003) ; Foster v. State, 258 Ga. App. 601, 609 (3) n.28, 574 S.E.2d 843 (2002) ; Ivey v. State, 258 Ga. App. 587, 593 (2) & n.15, 594 (2), 574 S.E.2d 663 (2002) ; Cannon v. State, 250 Ga. App. 777, 781 (1) & n.2, 552 S.E.2d 922 (2001) ; Davis v. State, 236 Ga. App. 32, 35 (5), 510 S.E.2d 889 (1999) ; Scruggs v. State, 227 Ga. App. 35, 35 (1) n.1, 488 S.E.2d 110 (1997) ; Thompson v. State, 212 Ga. App. 175, 175 (1), 442 S.E.2d 771 (1994) ; Lowman v. State, 197 Ga. App. 556, 557 (2), 398 S.E.2d 832 (1990) ; Howard v. State, 191 Ga. App. 418, 418-419 (2), 382 S.E.2d 159 (1989) ; Day v. State, 188 Ga. App. 648, 649 (4), 374 S.E.2d 87 (1988) ; Bass v. State, 183 Ga. App. 349, 352-353, 358 S.E.2d

  4. Green v. State

    298 Ga. App. 17 (Ga. Ct. App. 2009)   Cited 27 times
    Affirming a defendant's conviction for attempted trafficking in marijuana based upon evidence that he provided money to purchase the drugs and accompanied his co-defendants to the arranged location for the drug deal, which established his participation as a party to the crime

    Although Green lists several additional grounds for why a mistrial should have been granted, he does not provide any argument or citation to supporting legal authority with respect to those grounds in accordance with Court of Appeals Rule 25 (a) (3). Hence, his assertion of error predicated on those additional grounds is deemed abandoned. Court of Appeals Rule 25 (c) (2); Souder v. State, 281 Ga. App. 339, 341 (1), n. 1 ( 636 SE2d 68) (2006). "It is error for any judge, during the progress of any case, or in his charge to the jury, to express or intimate his opinion as to what has or has not been proved."

  5. Goss v. State

    289 Ga. App. 734 (Ga. Ct. App. 2008)   Cited 16 times

    Walker v. State, 254 Ga. 149, 151 (1), n. 2 ( 327 SE2d 475) (1985). See Souder v. State, 281 Ga. App. 339, 343 (1) (b), n. 3 ( 636 SE2d 68) (2006). Here, the evidence established proof of both methods of aggravated battery beyond a reasonable doubt.

  6. Hampton v. State

    287 Ga. App. 896 (Ga. Ct. App. 2007)   Cited 12 times
    Holding traffic stop was justified "based on the officer's observance of a traffic violation, the nonfunctioning tag light"

    Our inquiry is whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Souder v. State, 281 Ga. App. 339, 341 (1) ( 636 SE2d 68) (2006). So viewed, the evidence was that Cherokee County Sheriff's Deputy Rownd was on duty observing traffic for violations at approximately 3:45 a.m. on September 16, 2003. Hampton was driving northbound on I-575 when Deputy Rownd observed that his truck had no operational tag lights.

  7. Patterson v. State

    650 S.E.2d 770 (Ga. Ct. App. 2007)   Cited 9 times
    Holding that defendant's identity was not authenticated in a telephone conversation, and thus conversation was inadmissible, despite the fact the that defendant initiated the call to a police officer who had earlier been to his residence and had left a message with defendant's mother for defendant to call him

    See Souder v. State. Accordingly, we reverse Patterson's convictions. Souder v. State, 281 Ga. App. 339, 341 (1) ( 636 SE2d 68) (2006).Judgment reversed.

  8. Brigman v. State

    639 S.E.2d 359 (Ga. Ct. App. 2006)   Cited 11 times
    Holding that testimony of victim alone, coupled with the evidence surrounding the hours-long detention in one room, amply supported the jury's conviction on the charge of false imprisonment

    (Citation and punctuation omitted.) Souder v. State, 281 Ga. App. 339, 346 (3) ( 636 SE2d 68) (2006). Accordingly, we find no manifest abuse of discretion in the trial court's refusal to strike Juror Labarre for cause.