Wallace v. State

39 Citing cases

  1. Wallace v. Kemp

    757 F.2d 1102 (11th Cir. 1985)   Cited 12 times

    While at the station he seized a gun from one of the arresting officers and escaped in a stolen police car, shooting and killing Officer Thomas Rowry and wounding Officer Michael Cook in the process. A more detailed statement of the facts is found in the opinion of the Supreme Court of Georgia on direct appeal. Wallace v. State, 248 Ga. 255, 255-57, 282 S.E.2d 325, 328-29 (1981). Prior to his trial, Wallace entered a special plea of incompetency to stand trial which was submitted to a jury in accordance with Georgia law. A hearing was held on February 11-12, 1980, at which both Wallace and the state presented evidence.

  2. Wallace v. Kemp

    581 F. Supp. 1471 (M.D. Ga. 1984)   Cited 6 times
    In Wallace, the district court even noted that a proper argument would focus on the "characteristics of the defendant himself or the circumstances of his crime."

    He said in reply to their request, `No murder weapon, no case.'Wallace v. State, 248 Ga. 255, 255-57, 282 S.E.2d 325, 328-29 (1981), cert. denied, 455 U.S. 927, 102 S.Ct. 1291, 71 L.Ed.2d 471 (1982), reh'g denied, 455 U.S. 1038, 102 S.Ct. 1743, 72 L.Ed.2d 156 (1982). STANDARD OF REVIEW IN THIS COURT

  3. Nwakanma v. Francis

    296 Ga. 493 (Ga. 2015)   Cited 20 times

    [See Division 3, supra.]” Wallace v. State, 248 Ga. 255, 259(2), 282 S.E.2d 325 (1981) (where the court at a trial on a special plea of insanity sustained objections to questions asking each juror “whether he would follow a charge of the court as to mental competency and whether the juror could set aside any evidence which might be elicited pertaining to guilt or innocence of the actual charges”). Accordingly, we find no abuse of the trial court's broad discretion to limit the scope of voir dire.

  4. State v. Abernathy

    289 Ga. 603 (Ga. 2011)   Cited 40 times
    Holding that when a defendant fails to object to the closure of a courtroom at trial, “the issue of closure may only be raised in the context of an ineffective assistance of counsel claim”

    However, "[m]ental abnormality, unless it amounts to insanity, is not a defense to a crime." Wallace v. State, 248 Ga. 255, 262 (8) ( 282 S.E.2d 325) (1981). Compare Hall v. McPherson, 284 Ga. 219 ( 663 S.E.2d 659) (2008) (failure to present mental health evidence as mitigation in penalty phase of death penalty trial constituted ineffective assistance).

  5. Lawler v. State

    276 Ga. 229 (Ga. 2003)   Cited 30 times
    Holding that sobbing or crying during victim impact testimony was not unduly prejudicial

    APPENDIX Brannan v. State, 275 Ga. 70 ( 561 S.E.2d 414) (2002); Holsey v. State, 271 Ga. 856 ( 524 S.E.2d 473) (1999); Speed v. State, 270 Ga. 688 ( 512 S.E.2d 896) (1999); Henry v. State, 269 Ga. 851 ( 507 S.E.2d 419) (1998); Davis v. State, 263 Ga. 5 ( 426 S.E.2d 844) (1993); Hill v. State, 250 Ga. 277 ( 295 S.E.2d 518) (1982); Wallace v. State, 248 Ga. 255 ( 282 S.E.2d 325) (1981); Stevens v. State, 247 Ga. 698 ( 278 S.E.2d 398) (1981); McCleskey v. State, 245 Ga. 108 ( 263 S.E.2d 146 (1980); Collier v. State, 244 Ga. 553 ( 261 S.E.2d 364) (1979). HINES, Justice.

  6. Brannan v. State

    275 Ga. 70 (Ga. 2002)   Cited 39 times
    Holding it race neutral to strike a juror who had previously been charged with a criminal offense

    APPENDIX Holsey v. State, 271 Ga. 856 ( 524 S.E.2d 473) (1999); Speed v. State, 270 Ga. 688 ( 512 S.E.2d 896) (1999); Henry v. State, 269 Ga. 851 ( 507 S.E.2d 419) (1998); Davis v. State, 263 Ga. 5 ( 426 S.E.2d 844) (1993); Hill v. State, 250 Ga. 277 ( 295 S.E.2d 518) (1982); Wallace v. State, 248 Ga. 255 ( 282 S.E.2d 325) (1981); Stevens v. State, 247 Ga. 698 ( 278 S.E.2d 398) (1981); McCleskey v. State, 245 Ga. 108 ( 263 S.E.2d 1460 (1980); Collier v. State, 244 Ga. 553 ( 261 S.E.2d 264) (1979). CARLEY, Justice.

  7. Paul v. State

    274 Ga. 601 (Ga. 2001)   Cited 29 times
    Holding that "expert evidence was irrelevant to the state of mind necessary to determine guilt in light of the defendant's refusal to assert an insanity defense or that he was mentally ill at the time of the conduct in question."

    We rejected the identical argument in Selman v. State, 267 Ga. 198 (3) ( 475 S.E.2d 892) (1996), on the ground that the expert evidence was irrelevant to the state of mind necessary to determine guilt in light of the defendant's refusal to assert an insanity defense or that he was mentally ill at the time of the conduct in question. See also Wallace v. State, 248 Ga. 255 (8) ( 282 S.E.2d 325) (1981), where this Court held that "[m]ental abnormality, unless it amounts to insanity, is not a defense to a crime." The psychologist who examined appellant concluded that appellant "is prone to perceptual inaccuracies and distortions and his reality testing is poor . . . and he sometimes distorts reality."

  8. Holsey v. State

    271 Ga. 856 (Ga. 1999)   Cited 45 times   1 Legal Analyses
    In Holsey, the trial court simply informed the parties that certain juror questions during a site visit that the defendant did not attend had been answered; the court did not ask the defendant or his counsel anything about the defendant's absence.

    APPENDIX Speed v. State, 270 Ga. 688 ( 512 S.E.2d 896) (1999); Henry v. State, 269 Ga. 851 ( 507 S.E.2d 419) (1998); Davis v. State, 263 Ga. 5 ( 426 S.E.2d 844) (1993); Hill v. State, 250 Ga. 277 ( 295 S.E.2d 518) (1982); Wallace v. State, 248 Ga. 255 ( 282 S.E.2d 325) (1981); Stevens v. State, 247 Ga. 698 ( 278 S.E.2d 398) (1981); McClesky v. State, 245 Ga. 108 ( 263 S.E.2d 146) (1980); Collier v. State, 244 Ga. 553 ( 261 S.E.2d 364) (1979).

  9. Speed v. State

    270 Ga. 688 (Ga. 1999)   Cited 36 times

    APPENDIX. Henry v. State, 269 Ga. 851 ( 507 S.E.2d 419) (1998); Davis v. State, 263 Ga. 5 ( 426 S.E.2d 844) (1993); Hill v. State, 250 Ga. 277 ( 295 S.E.2d 518) (1982); Wallace v. State, 248 Ga. 255 ( 282 S.E.2d 325) (1981); Stevens v. State, 247 Ga. 698 ( 278 S.E.2d 398) (1981); McClesky v. State, 245 Ga. 108 ( 263 S.E.2d 146) (1980); Collier v. State, 244 Ga. 553 ( 261 S.E.2d 364) (1979). FLETCHER, Presiding Justice.

  10. Henry v. State

    269 Ga. 851 (Ga. 1998)   Cited 43 times
    Holding that the defendant's assertions of an actual conflict were "mere conjecture" where "[n]o evidence was introduced to rebut trial counsel's testimony [at the motion for new trial hearing] that their involvement in [fundraising events for local prosecutors] ha[d] no effect on the zealous representation of their clients"

    APPENDIXDavis v. State, 263 Ga. 5 ( 426 S.E.2d 844) (1993); Hill v. State, 250 Ga. 277 ( 295 S.E.2d 518) (1982); Wallace v. State, 248 Ga. 255 ( 282 S.E.2d 325) (1981); Stevens v. State, 247 Ga. 698 ( 278 S.E.2d 398) (1981); McCleskey v. State, 245 Ga. 108 ( 263 S.E.2d 146) (1980); Collier v. State, 244 Ga. 553 ( 261 S.E.2d 364) (1979).