Burgess v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that span of approximately 12 years “was not too remote to erode the probative value of the prior conviction” that was identical to the charges at issue (punctuation omitted)
• concluding defendant’s previous conviction for possession of cocaine with intent to distribute was admissible to show intent in trial for the same offense
• concluding, in prosecution for possession of cocaine with intent to distribute and sale of cocaine, that evidence of prior conviction for possession of cocaine with intent to distribute was relevant to prove intent
• finding that 13 State satisfied first prong of the three-part test, even though it only introduced the prior accusation and conviction without offering testimony or a factual proffer where intent required for prior and current offenses was identical
• “As to intent, a defendant puts his intent in issue when he pleads not guilty unless he takes affirmative steps to withdraw intent as an element to be proved by the State.” (citation and punctuation omitted)
• where defendant framed his defense in terms of lack of possession and equal access of others to the drugs, defendant “did not relieve the State of the burden of proving intent merely by focusing his defense on the possession aspect of the crime”

Source: CourtListener parenthetical corpus (CC0).

Cited by

18 cases in this archive cite this case.

• McAllister v. State
  Court of Appeals of Georgia· 2019-06-25· cited 44×
• David Moton, Jr. v. State
  Court of Appeals of Georgia· 2019-09-23
• Tyrin L. Ferguson v. State
  Court of Appeals of Georgia· 2020-04-16
• Anthony Jernigan v. State
  Court of Appeals of Georgia· 2020-10-21
• Gilbert Alexander Hill v. State
  Court of Appeals of Georgia· 2021-06-30
• Turner Benton v. State
  Court of Appeals of Georgia· 2021-08-26
• Peter Hargrove v. State
  Court of Appeals of Georgia· 2021-09-15
• Kenyatta Moody v. State
  Court of Appeals of Georgia· 2021-11-08
• Josh Martin v. State
  Court of Appeals of Georgia· 2021-11-08
• Gregory Lamar Ward v. State
  Court of Appeals of Georgia· 2024-05-23
• Avery Mondell Davis v. State
  Court of Appeals of Georgia· 2024-12-23
• Nicholas Ashley v. State
  Court of Appeals of Georgia· 2025-01-24
• David Billy McAllister, Jr. v. State
  Court of Appeals of Georgia· 2019-06-25
• Michael Eric Watkins v. State
  Court of Appeals of Georgia· 2020-02-12
• Donovan Lewis Cross v. State
  Court of Appeals of Georgia· 2020-02-20
• Angel Matos-Bautista v. State
  Court of Appeals of Georgia· 2020-02-20
• Arielle Bridgett-Renee McMillan v. State
  Court of Appeals of Georgia· 2020-10-23
• John Lacey Mulkey v. State
  Court of Appeals of Georgia· 2023-01-17

Cites

25 cases in this archive are cited by this case; the 20 most cited are listed.

• United States v. Alberto Calderon
  Eleventh Circuit· 1997-11-14· cited 555×
• Olds v. State
  Supreme Court of Georgia· 2016-05-23· cited 258×
• United States v. Juan Delgado, Emilio Albelo, Juan Carlos Riverol, Tomas Raul Hernandez
  Eleventh Circuit· 1995-07-05· cited 198×
• Bradshaw v. State
  Supreme Court of Georgia· 2015-03-02· cited 172×
• United States v. Matthews
  Eleventh Circuit· 2005-12-06· cited 164×
• State v. Jones
  Supreme Court of Georgia· 2015-06-01· cited 158×
• Stephens v. State
  Supreme Court of Georgia· 1991-07-03· cited 157×
• Anglin v. State
  Supreme Court of Georgia· 2017-10-16· cited 118×
• State v. Palmer
  Supreme Court of Georgia· 2009-02-23· cited 106×
• Brooks v. State
  Supreme Court of Georgia· 2016-03-07· cited 84×
• Jones v. State
  Supreme Court of Georgia· 2017-06-26· cited 65×
• Booth v. State
  Supreme Court of Georgia· 2017-08-14· cited 59×
• Thompson v. State
  Supreme Court of Georgia· 2017-11-02· cited 57×
• Jones v. State
  Court of Appeals of Georgia· 2012-10-12· cited 56×
• Gunn v. the State
  Court of Appeals of Georgia· 2017-08-02· cited 36×
• HARVEY v. the STATE.
  Court of Appeals of Georgia· 2018-02-27· cited 20×
• DUNCAN v. the STATE.
  Court of Appeals of Georgia· 2018-06-19· cited 19×
• Taylor v. State
  Supreme Court of Georgia· 2018-02-05· cited 17×
• Barber v. State
  Court of Appeals of Georgia· 2012-09-11· cited 11×
• Creamer v. the State
  Court of Appeals of Georgia· 2016-05-18· cited 8×