Skip to main content

Landers v. State

Citations

  • 508 S.E.2d 637
  • 270 Ga. 189
  • 98 Fulton County D. Rep. 3575
  • 1998 Ga. LEXIS 1004

How courts have described this case

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

  • noting that it had been held in Mallory “that the state may not comment on either a defendant’s silence prior to arrest or failure to come forward voluntarily, even when the defendant chooses to testify at trial”
  • finding no reasonable probability that trial counsel’s failure to object to the prosecutor’s improper comments on the defendant’s silence led to a different result
  • counsel performed deficiently in failing to object to comment on defendant’s right to remain silent, but defendant failed to show prejudice
  • “Generally, evidence of flight . . . [is] admissible as circumstantial evidence of consciousness of guilt.”
  • state improperly commented upon defendant’s silence during argument but error not preserved for appellate review due to counsel’s failure to object
  • state improperly commented upon defendant’s silence but error not preserved for appellate review due to counsel’s failure to object

Source: CourtListener parenthetical corpus (CC0).

Judges: Fletcher

Read full opinion on CourtListener

Cited by

46 cases in this archive cite this case; the 20 most cited are listed.

Cites

10 cases in this archive are cited by this case.

Other cases with this name

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.