Walker v. State

23 Citing cases

  1. State v. Heath

    308 Ga. 836 (Ga. 2020)   Cited 10 times
    Holding that "the State can usually re-indict before trial unless[, for example,] the statute of limitations for the crimes with which the defendant was charged bars the prosecution"

    We granted the State's petition for certiorari and posed a single question:Did the Court of Appeals err in holding that trial counsel's failure to file a general demurrer resulted in prejudice under Strickland v. Washington , 466 U.S. 668, 104 S.Ct. 2052, 80 LE2d [L.Ed.2d] 674 (1984) ? Compare Walker v. State , 329 Ga. App. 369 (3) (a), 765 S.E.2d 599 (2014), with Everhart v. State , 337 Ga. App. 348 (3) (a), 786 S.E.2d 866 (2016) ; Youngblood v. State , 253 Ga. App. 327 (3), 558 S.E.2d 854 (2002).For the reasons set forth below, we conclude that the Court of Appeals did not err; therefore, we affirm the judgment below.

  2. Pyatt v. State

    298 Ga. 742 (Ga. 2016)   Cited 42 times
    Holding that a trial judge’s comment appearing to agree with the State that a witness’s statement was "critical evidence" did not violate OCGA § 17-8-57

    In some circumstances, it may be reasonable trial strategy to forgo an objection to testimony that amounts to an opinion on the ultimate issue. See, e.g., Walker v. State, 329 Ga.App. 369, 376(3)(d), 765 S.E.2d 599 (2014). In this case, at the hearing on the motion for new trial—nearly five years after the trial itself—Pyatt's trial counsel testified that he had no strategic reason to forgo an objection.

  3. Sanchious v. State

    359 Ga. App. 649 (Ga. Ct. App. 2021)   Cited 3 times

    " (Citation and punctuation omitted.) Walker v. State , 329 Ga. App. 369, 373 (3), 765 S.E.2d 599 (2014). "Moreover, a tactical or strategic decision made by counsel cannot form a basis for ineffective assistance of counsel unless it was so patently unreasonable that no competent attorney would have chosen it."

  4. Sanchious v. State

    351 Ga. App. 611 (Ga. Ct. App. 2019)   Cited 7 times
    Holding that a forensic biologist's testimony that she peer-reviewed another analyst's work to ensure that the procedures were followed and that she independently agreed with the analyst's conclusion was admissible at trial

    " (Citation and punctuation omitted.) Walker v. State , 329 Ga. App. 369, 373 (3), 765 S.E.2d 599 (2014). "Moreover, a tactical or strategic decision made by counsel cannot form a basis for ineffective assistance of counsel unless it was so patently unreasonable that no competent attorney would have chosen it."

  5. Lynch v. State

    346 Ga. App. 849 (Ga. Ct. App. 2018)   Cited 9 times
    Applying extended, 15-year statute of limitation to prosecution of 1995 rape, in case in which plea in bar was filed and case was tried before the enactment of the 2012 comprehensive criminal justice reform legislation

    The man demanded her money and jewelry, and she told him to take her wallet, her car, and anything in the condo in the hope that he would leave. See Walker v. State , 329 Ga. App. 369, 370, 765 S.E.2d 599 (2014). The man, however, forced the victim to her knees, used her belt to tie her hands behind her back, and tied a towel around her face so that she could not see and had difficulty breathing.

  6. Partlow v. State

    346 Ga. App. 473 (Ga. Ct. App. 2018)   Cited 5 times   1 Legal Analyses

    As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State's case, we must uphold the jury's verdict. Walker v. State , 329 Ga. App. 369, 370, 765 S.E.2d 599 (2014) (punctuation and footnote omitted). Walker v. State , 329 Ga. App. 369, 370, 765 S.E.2d 599 (2014) (punctuation and footnote omitted).

  7. Diaz v. State

    810 S.E.2d 566 (Ga. Ct. App. 2018)   Cited 2 times   1 Legal Analyses
    Finding probable cause supported warrant for blood of driver suspected of DUI and noting that officer making the warrant request averred that he had been in law enforcement for 15 years, had served four years on a DUI task force that "focused on impaired driving," and had "participated in over 400 traffic stops based on suspicion of impaired driving"

    443 U.S. 307, 319 (III) (B), 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).Walker v. State , 329 Ga. App. 369, 370, 765 S.E.2d 599 (2014) (punctuation and footnote omitted). 443 U.S. 307, 319 (III) (B), 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).

  8. Gilmer v. State

    339 Ga. App. 593 (Ga. Ct. App. 2016)   Cited 11 times

    See, e.g., Jones v. State , 325 Ga.App. 895, 898 (2) (d), 755 S.E.2d 815 (2014) (discussing counsel's strategic decision to forego cross-examination of witness in favor of "another tactical method or goal"). Although a decision not to object may be a part of a reasonable trial strategy, see Walker v. State , 329 Ga.App. 369, 376 (3) (d), 765 S.E.2d 599 (2014), the record does not show that trial counsel made any such decision in this case. To the contrary, trial counsel's testimony shows that he made no decision at all concerning the improper bolstering.

  9. Gipson v. State

    332 Ga. App. 309 (Ga. Ct. App. 2015)   Cited 23 times
    Holding that the defendant could not demonstrate plain error from the prosecutor's alleged improper questioning of him because he could not show that the error affected the outcome of the proceedings

    Accordingly, this enumeration presents nothing for review.” (Punctuation and footnote omitted.) Walker v. State, 329 Ga.App. 369, 372 –373(2), 765 S.E.2d 599 (2014). In any event, we are unpersuaded by Gipson's challenge to the indictment.

  10. Williams v. State

    353 Ga. App. 821 (Ga. Ct. App. 2020)   Cited 3 times

    443 U. S. at 319 (III) (B), 99 S.Ct. 2781.Walker v. State , 329 Ga. App. 369, 370, 765 S.E.2d 599 (2014) (punctuation and footnote omitted)."The standard of Jackson v. Virginia[] is met if the evidence is sufficient for any rational trier of fact to find the defendant guilty beyond a reasonable doubt of the crime charged."