Legal Opinion · Dissent

Shoemake v. State

Court of Appeals of Georgia

Decided June 10, 1994No. A94A0111Published

1DissentAndrews, Judge

As acknowledged by the majority, no objection was made below on the ground that OCGA § 17-7-93 (b) had been violated. Shoemake’s only statement after the reference to the guilty plea was made was “[t]hat’s putting her character in issue.” The witness had been called by Shoemake solely as a character witness and had already placed her character in issue. Jones v. State, 257 Ga. 753, 755 (1) (363 SE2d 529) (1988). The motion for mistrial was not made until after the close of the evidence and was not timely. Nelson v. State, 208 Ga. App. 671, 672 (3) (431 SE2d 450) (1993).

The objection made was…

2Cases cited4 opinions

  1. Jones v. StateSupreme Court of Georgia · 1988
  2. House v. StateSupreme Court of Georgia · 1971
  3. Nelson v. StateCourt of Appeals of Georgia · 1993
  4. Miller v. StateSupreme Court of Georgia · 1990

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