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Turner v. State

208 Ga. App. 728 (Ga. Ct. App. 1993)
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Turner v. State

5 Citing cases

  1. Bertholf v. State

    298 Ga. App. 612 (Ga. Ct. App. 2009)   Cited 2 times
    In Bertholf v. State, 298 Ga. App. 612, 680 S.E.2d 652 (2009) (physical precedent only), Bertholf initially entered guilty pleas to drug and traffic offenses, but he later withdrew those pleas and was tried with his co-defendant.

    See Harley-Davidson Motor Co. v. Daniel, 244 Ga. 284, 285 (1) ( 260 SE2d 20) (1979); Davis v. State, 289 Ga. App. 526 (1) ( 657 SE2d 609) (2008) (motion in limine preserves right to argue Confrontation Clause violation). Compare Smith v. State, 85 Ga. App. 459, 469 (3) ( 69 SE2d 281) (1952) (defendant waived objection by failing to make a contemporaneous motion for mistrial or to object to indictment showing withdrawal of prior guilty plea going out with the jury). Gilliam v. State, 240 Ga. App. 158, 159 (1) ( 522 SE2d 766) (1999); Turner v. State, 208 Ga. App. 728, 729 ( 431 SE2d 727) (1993) (motion for mistrial must be made contemporaneously with alleged misconduct).Bridges v. State, 279 Ga. 351, 356 (9) ( 613 SE2d 621) (2005) (failure to make a contemporaneous objection waived appellate review of alleged error in admitting certain evidence).

  2. Hernandez v. State

    291 Ga. App. 562 (Ga. Ct. App. 2008)   Cited 20 times
    In Hernandez v. State, 291 Ga.App. 562, 568 & n. 16, 662 S.E.2d 325 (2008), the court followed Morel in reasoning that a defendant's right to inquire into an interpreter's honesty and competency did not include a right of cross-examination.

    See Butler v. State, 273 Ga. 380, 383-384 (8) ( 541 SE2d 653) (2001) (waiting until the end of closing argument to move for a mistrial was untimely). See also Carson v. State, 259 Ga. App. 21, 23 (3) ( 576 SE2d 12) (2002) (appellant failed to object at time allegedly improper closing argument was made, and so issue was waived on appeal); Jackson v. State, 271 Ga. App. 317, 320 (3) ( 609 SE2d 643) (2005) (to preserve review of violation of OCGA ยง 17-8-75, it is necessary to object at the time allegedly prejudicial comment is made); Turner v. State, 208 Ga. App. 728, 729 ( 431 SE2d 727) (1993) (motion for mistrial must be made contemporaneously with alleged misconduct). "[A] motion in limine preserves an issue for appeal without a contemporaneous objection at trial, [but] this rule cannot be invoked to preserve a different, if perhaps related, error."

  3. Nelson v. State

    224 Ga. App. 623 (Ga. Ct. App. 1997)   Cited 7 times

    Nelson's hearsay objection is not reviewed because this ground was not raised at trial. Turner v. State, 208 Ga. App. 728 ( 431 S.E.2d 727) (1993). The remaining ground, lacking argument or citation of authority, has been abandoned.

  4. Davis v. State

    443 S.E.2d 638 (Ga. Ct. App. 1994)   Cited 3 times

    " Although the venire panel might find these statements confusing, it did not rise to the level of harmful error. Furthermore, Davis' counsel failed to object, thereby waiving any error. Turner v. State, 208 Ga. App. 728, 729 ( 431 S.E.2d 727) (1993). 3. Davis next complains that the trial court "allowed the State to speak for the court" during the State's closing argument when the State incorrectly stated the reasonable doubt jury instruction.

  5. Woods v. State

    442 S.E.2d 22 (Ga. Ct. App. 1994)   Cited 4 times

    Defendant did not ask for curative instructions; nor did he move for a mistrial. If defendant wanted the trial court to take additional corrective measures, he should have asked for them. See Turner v. State, 208 Ga. App. 728 ( 431 S.E.2d 727); Baine v. State, 181 Ga. App. 856, 858 (4) ( 354 S.E.2d 177); Campbell v. State, 111 Ga. App. 219, 220 (5) ( 141 S.E.2d 186). "[A]ppellant waived any error due to the court's failure to give curative instructions by not requesting curative instructions when the objection was sustained. [Cits.