Legal Opinion

Smallwood v. the State

Court of Appeals of Georgia

Decided October 22, 2015No. A15A1373PublishedCited by 6 opinions

1Opinion of the Court

BARNES, Presiding Judge.

Samuel Smallwood appeals his conviction for trafficking in methamphetamine and possession of drug-related items. Smallwood contends the trial court erred by failing to grant a mistrial when improper evidence came out regarding his criminal history. For the reasons that follow, we affirm.

“[W]hether to grant a motion for mistrial is within the trial court’s sound discretion, and the trial court’s exercise of that discretion will not be disturbed on appeal unless a mistrial is essential to preserve the defendant’s right to a fair trial.” (Citation and punctuation…

2Cases cited13 opinions

  1. White v. StateSupreme Court of Georgia · 1997
  2. Anthony v. StateCourt of Appeals of Georgia · 2012
  3. Agee v. StateSupreme Court of Georgia · 2005
  4. Brown v. StateCourt of Appeals of Georgia · 2004
  5. Johnson v. StateSupreme Court of Georgia · 2002

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3Cited by6 opinions

  1. CUYLER v. the STATE.Court of Appeals of Georgia · 2018
  2. Christopher Gibson v. StateCourt of Appeals of Georgia · 2022
  3. Darren Thomas v. StateCourt of Appeals of Georgia · 2020
  4. Jamal Body v. StateCourt of Appeals of Georgia · 2023
  5. Michael Thomas Day, Jr. v. StateCourt of Appeals of Georgia · 2023

1 more not listed; retrieve them via the Exa API.

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