Supreme Court of Georgia· 9/13/2004
Brawner v. State
Citations
- 602 S.E.2d 612
- 278 Ga. 316
- 2004 Fulton County D. Rep. 2986
- 2004 Ga. LEXIS 614
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding testimonial the statement a witness gave to police several days after shooting claiming the witness observed the appellant shoot the victim several times while the victim lay on the ground saying “Don’t kill me.”
- statement to investigating police officers by an eyewitness inadmissible where witness is absent from trial and defendant had no prior opportunity to cross-examine the witness
- statement by alleged eyewitness to investigating police officers not admissible where witness is absent from trial and defendant had no prior opportunity to cross-examine the witness
- reversal required where hearsay evidence, although cumulative of other evidence, went to “core issue of the case” and remaining State witnesses were impeached
- “[i]n contrast with the [admissible] testimony . . . the declarant’s [inadmissible] hearsay statement [was] placed before the jury unimpeached because the declarant did not testify.”
- introduction of eyewitness testimony inadmissible under Crawford was not harmless, when the testimony of two other eyewitnesses was “repeatedly called into question when they were cross-examined”
Source: CourtListener parenthetical corpus (CC0).
Judges: Benham, Hunstein, Divisions
Read full opinion on CourtListenerCited by
27 cases in this archive cite this case; the 20 most cited are listed.
- Watson v. StateSupreme Court of Georgia· 2004-11-08· cited 73×
- Jenkins v. StateSupreme Court of Georgia· 2004-11-08· cited 71×
- Lindsey v. StateSupreme Court of Georgia· 2007-09-24· cited 55×
- Lowery v. StateSupreme Court of Georgia· 2007-06-04· cited 51×
- State v. DavisCourt of Appeals of South Carolina· 2005-03-28· cited 24×
- Willingham v. StateSupreme Court of Georgia· 2005-11-21· cited 24×
- Gresham v. EdwardsSupreme Court of Georgia· 2007-04-24· cited 22×
- Stovall v. StateSupreme Court of Georgia· 2010-06-28· cited 22×
- Cuyuch v. StateSupreme Court of Georgia· 2008-09-22· cited 21×
- Porter v. StateSupreme Court of Georgia· 2004-11-22· cited 19×
- Lott v. StateCourt of Appeals of Georgia· 2006-08-30· cited 17×
- Griffin v. StateSupreme Court of Georgia· 2006-06-26· cited 16×
- Thomas v. StateCourt of Appeals of Georgia· 2007-11-28· cited 13×
- Taylor v. StateCourt of Appeals of Georgia· 2007-06-06· cited 10×
- Thomas v. Emory Clinic, Inc.Court of Appeals of Georgia· 2013-03-26· cited 8×
- Miller v. StateCourt of Appeals of Georgia· 2005-06-20· cited 7×
- Richard v. StateSupreme Court of Georgia· 2006-11-06· cited 7×
- Campbell v. StateCourt of Appeals of Georgia· 2006-12-12· cited 6×
- Gifford v. StateCourt of Appeals of Georgia· 2007-10-02· cited 6×
- Delgado v. StateCourt of Appeals of Georgia· 2007-08-16· cited 6×
Cites
8 cases in this archive are cited by this case.
- Jackson v. VirginiaSupreme Court· 1979-10-01· cited 79,490×
- Crawford v. WashingtonSupreme Court· 2004-03-08· cited 14,756×
- Ohio v. RobertsSupreme Court· 1980-06-25· cited 5,425×
- Moody v. StateSupreme Court of Georgia· 2004-03-22· cited 78×
- Yancey v. StateSupreme Court of Georgia· 2002-09-16· cited 44×
- Rowe v. StateSupreme Court of Georgia· 2003-06-09· cited 38×
- Bell v. StateSupreme Court of Georgia· 2004-05-24· cited 34×
- Frasier v. McClairCourt of Appeals of South Carolina· 1984-08-10· cited 3×
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.