Tate v. State

10 Citing cases

  1. Beckom v. State

    286 Ga. App. 38 (Ga. Ct. App. 2007)   Cited 14 times
    Holding that defendant initially refusing to answer the door for officers and denying knowledge of missing boy's whereabouts, even though it was later determined that boy was one of the attendees of defendant's son's party, did not constitute obstruction

    (Citationomitted.) Hubbard v. State, 256 Ga. 637, 638 ( 352 SE2d 383) (1987); accord Tate v. State, 198 Ga. App. 276, 278 (3) ( 401 SE2d 549) (1991). Compare Tate, supra (defendant's conviction under OCGA § 16-11-44 sustained where defendant had encouraged four different minors to drink alcohol in his home on three separate occasions).

  2. Trammel v. Bradberry

    A02A1096; AO2A1097 (Ga. Ct. App. Sep. 17, 2002)

    However, if Tommy's conduct was negligent when the law enforcement officers stormed his house, then the plaintiff was acting in the capacity of a law enforcement officer at such time and not as a volunteer, because an off-duty officer is always on duty when a crime is committed in his presence; therefore, the plaintiff would not be a volunteer. See generally Wilson v. Waffle House, Inc., 235 Ga. App. 539 ( 510 S.E.2d 105) (1998) (policeman in uniform working off-duty security performing police duties when crime occurs); Sommerfield v. Blue Cross Blue Shield of Georgia, 235 Ga. App. 375 ( 509 S.E.2d 100) (1998) (off-duty policeman in uniform directing traffic performing police duties when a crime occurs); Tate v. State, 198 Ga. App. 276, 278(4) ( 401 S.E.2d 549) (1991) (off-duty officer in uniform performing official duties as security when a crime occurs); Duncan v. State, 163 Ga. App. 148 (1) ( 294 S.E.2d 365) (1982) (off-duty officer in uniform performing police duties when a crime occurs). 6. Tommy contends that the trial court erred in ruling that he lost his privilege under OCGA § 24-9-21 by involuntary commitment to a state mental health facility in that he was found not guilty by reason of insanity.

  3. Trammel v. Bradberry

    256 Ga. App. 412 (Ga. Ct. App. 2002)   Cited 19 times
    Concluding that father whose schizophrenic adult son resided with him lacked physical control over son; the living arrangement did "not create either the right or exercise of physical control over the behavior of a mentally ill person necessary to create the special relationship"

    However, if Tommy's conduct was negligent when the law enforcement officers stormed his house, then the plaintiff was acting in the capacity of a law enforcement officer at such time and not as a volunteer, because an off-duty officer is always on duty when a crime is committed in his presence; therefore, the plaintiff would not be a volunteer. See generally Wilson v. Waffle House, Inc., 235 Ga. App. 539 ( 510 S.E.2d 105) (1998) (policeman in uniform working off-duty security performing police duties when crime occurs); Sommerfield v. Blue Cross Blue Shield of Georgia, 235 Ga. App. 375 ( 509 S.E.2d 100) (1998) (off-duty policeman in uniform directing traffic performing police duties when a crime occurs); Tate v. State, 198 Ga. App. 276, 278(4) ( 401 S.E.2d 549) (1991) (off-duty officer in uniform performing official duties as security when a crime occurs); Duncan v. State, 163 Ga. App. 148 (1) ( 294 S.E.2d 365) (1982) (off-duty officer in uniform performing police duties when a crime occurs). 6. Tommy contends that the trial court erred in ruling that he lost his privilege under OCGA § 24-9-21 by involuntary commitment to a state mental health facility in that he was found not guilty by reason of insanity.

  4. Pierce v. State

    554 S.E.2d 787 (Ga. Ct. App. 2001)   Cited 6 times

    Moore v. State, 246 Ga. App. 163, 168 (8) (a) ( 539 S.E.2d 851) (2000). See generally Tate v. State, 198 Ga. App. 276, 278-279 (4) ( 401 S.E.2d 549) (1991) (in case of aggravated assault on a police officer, no error in jury charge on requirement that defendant had knowledge that victim was a police officer). JOHNSON, Presiding Judge.

  5. Steele v. State

    216 Ga. App. 276 (Ga. Ct. App. 1995)   Cited 18 times
    Finding juror misconduct, where juror copied encyclopedia's definitions of manslaughter and read her notes to jury

    172 Ga. App. at 846. Compare Tate v. State, 198 Ga. App. 276 (1) ( 401 S.E.2d 549) (1991) and Jordan v. State, 207 Ga. App. 710 ( 429 S.E.2d 97) (1993), in which the information was not communicated to other jurors. The extrajudicial law offered to the jury in this case was prejudicial, particularly as it pertained to sentencing.

  6. Jordan v. State

    429 S.E.2d 97 (Ga. Ct. App. 1993)   Cited 10 times
    Affirming trial court where trial court questioned juror who had brought material into the jury room and found no harm

    We held that under these facts, the juror's intentional gathering of extrajudicial law was "so prejudicial as to be inherently lacking in due process," supra at 847, that it required reversal under Watkins v. State, 237 Ga. 678, 685 ( 229 S.E.2d 465) (1976) (involving a juror's intentional gathering of extrajudicial evidence). Compare Tate v. State, 198 Ga. App. 276 (1) ( 401 S.E.2d 549) (1991) (holding that a reversal was not required where a juror read definitions of legal terms in a dictionary, but did not communicate this information to other jurors, and he testified that he could decide the case without being influenced by what he had read). "There is a presumption of prejudice to the defendant when an irregularity in the conduct of a juror is shown and the burden is on the prosecution to prove beyond a reasonable doubt that no harm has occurred.

  7. Manous v. State

    423 S.E.2d 721 (Ga. Ct. App. 1992)   Cited 7 times
    Holding that there was sufficient evidence to support a conviction for possession of tools for the commission of a crime when, inter alia , the defendant had been seen walking in close proximity to a restaurant that had been “forcibly entered” and a glass cutter and lock picks were found in his car, which was parked near the restaurant

    The charge was authorized by the evidence, and "taken as a whole, clearly instructed the jury of the factors it was to consider in its deliberations. . . ." Tate v. State, 198 Ga. App. 276, 279 (4) ( 401 S.E.2d 549) (1991). Judgment affirmed. Sognier, C. J., and McMurray, P. J., concur.

  8. Hurston v. State

    202 Ga. App. 311 (Ga. Ct. App. 1991)   Cited 24 times
    In Hurston v. State, 202 Ga.App. 311, 414 S.E.2d 303 (1991) (physical precedent only), we concluded that the State presented sufficient evidence that the defendant passenger knew the car was stolen by establishing that: the defendant admitted doubting the car belonged to the driver; the steering wheel was damaged; the car was driven without keys; personal papers including the car registration in the owner's name were strewn about the disheveled interior; and a picture of the owner's daughter was displayed on a visor.

    " (Citations and punctuation omitted.) Tate v. State, 198 Ga. App. 276, 279 ( 401 S.E.2d 549) (1991). 3.

  9. State v. Wilen

    4 Neb. App. 132 (Neb. Ct. App. 1995)   Cited 21 times
    Holding that an uniformed officer “at the restaurant conveyed to the patrons the presence of law enforcement,” creating a knowledge and expectation that the officer would act officially, if necessary

    Indeed, police officers are considered to be under a duty to respond as police officers 24 hours a day. 16A Eugene McQuillin et al., The Law of Municipal Corporations § 45.15 at 123 (3d ed. 1992). Under the cases, based both on common law and statute, it has been widely held that a police officer is not relieved of his or her obligation to preserve the peace while off duty. See, e.g., Gibson v. State, 316 Ark. 705, 875 S.W.2d 58 (1994); Harris v. City of Colorado Springs, 867 P.2d 217 (Colo. App. 1993); Packard v. Rockford Prof. Baseball Club, 244 Ill. App.3d 643, 613 N.E.2d 321 (1993); Animashaun v. State, 207 Ga. App. 156, 427 S.E.2d 532 (1993); Tate v. State, 198 Ga. App. 276, 401 S.E.2d 549 (1991); Firemen's and Policemen's Civ. Serv. v. Burnham, 715 S.W.2d 809 (Tex. App. 1986); Alvarado v. City of Dodge City, 10 Kan. App. 2d 363, 702 P.2d 935 (1985), rev'd in part on other grounds 238 Kan. 48, 708 P.2d 174. In Nebraska, it has long been the case that a police officer may provide security to a commercial establishment while off duty and make arrests or take other authoritative action in connection therewith.

  10. State v. Viviano

    882 S.W.2d 748 (Mo. Ct. App. 1994)   Cited 13 times
    Finding the claims were unsupported by substantial evidence after a hearing or the claims were not cognizable in a postconviction proceeding, and therefore, the court could determine from the record the correctness of the motion court's denial of relief

    7 N.W.2d 732 (1961), "anterior", Goss v. State, 123 Tex.Crim. 494, 59 S.W.2d 379 (App. 1933); "care, custody, and control", Wilson v. State, 495 S.W.2d 927 (Tex.Crim.App. 1973); "utter", State v. Donald, 90 Utah 533, 63 P.2d 246 (1936); "conspiracy", "conspirator", "concerted", "copyright", "infringement", "plagiarism" and "doubt", United States v. Steele, 785 F.2d 743 (9th Cir. 1986); "response" and "consummate", United States v. Kupau, 781 F.2d 740 (9th Cir. 1986) cert. denied, 479 U.S. 823, 107 S.Ct. 93, 93 L.Ed.2d 45 (1986); "organization" and "organize", United States v. Griffith, 756 F.2d 1244 (6th Cir. 1985); "callous" and "wanton", United States v. Cheyenne, 855 F.2d 566 (8th Cir. 1988); "rape", Davenport v. State, 426 So.2d 473 (Ala. Crim.App. 1982); "premeditated", Franks v. State, 306 Ark. 75, 811 S.W.2d 301 (1991); "inference", State v. Asherman, 193 Conn. 695, 478 A.2d 227 (1984) cert. denied 470 U.S. 1050, 105 S.Ct. 1749, 84 L.Ed.2d 814 (1984); "aggravate" and "assault", Tate v. State, 198 Ga. App. 276, 401 S.E.2d 549 (1991). The real danger of a jury's dictionary use is that "jurors will use the dictionary to construct their own definitions of legal terms which do not accurately or fairly reflect applicable law."