Burns v. State
| Decision Date | 29 October 1984 |
| Docket Number | No. 68246,68246 |
| Citation | 324 S.E.2d 197,172 Ga.App. 645 |
| Parties | BURNS v. The STATE. |
| Court | Georgia Court of Appeals |
Donald W. Johnson, Dalton, for appellant.
Stephen A. Williams, Dist. Atty., Steven M. Harrison, Asst. Dist. Atty., for appellee.
William Len Burns brings this appeal from the denial of his extraordinary motion for new trial. The following findings of fact are set forth in the trial court's order: "Mr. Marcus Morris, an Assistant District Attorney, presented the State's case against the defendant and handled the closing arguments for the State. During the closing arguments, a fire department's siren was heard in the courtroom for a few seconds. The Dalton City fire hall is located right next to the Whitfield County courthouse. The location of the siren is approximately 100 yards from the north wall of the courthouse. The occasion for sounding the siren by the fire department was an 'equipment check' which is an ordinary daily procedure by that department. On this particular day, the Assistant District Attorney had asked a member of the fire department to delay that equipment check from an early morning hour before Court started, to a later time anticipating that it would coincide with closing arguments being made by either himself or the defense attorney. Fire department personnel complied with this request. Because of the location of the firehouse, the fire department's sirens are heard often in the day-to-day transactions around the courthouse. In addition, there are police and ambulances traveling by the courthouse and the hearing of sirens from time to time during court proceedings has been a common occurrence. The windows in the Whitfield County courthouse are arranged so that the fire hall cannot be seen and no activity at the fire hall such as trucks leaving would disturb or distract any participants in any of the cases being tried, including the trial of William Len Burns. The height of the windows, likewise, preclude[s] visual observation of any ambulance or police vehicles. The Court finds that Mr. Morris's intent for making the request to the fire department personnel was probably to give some 'dramatic' effect to the closing arguments.[ 1 Neither the defense attorney nor the Court knew the sounding of the siren was other than a legitimate fire call. [Neither] [t]he Court nor the defense attorney [was] informed that Mr. Morris had calculated for this particular sounding of the siren to occur during closing arguments. No objection was made at the time of trial concerning the siren. Mr. Morris was admitted to the Bar around the first part of November, 1978, and had been employed by the District Attorney's office as an assistant for approximately two years prior to the trial of [this case]. The Dalton Fire Department had investigated and participated not only in the fighting of the fire, but the criminal investigation which led to the prosecution of Mr. William Len Burns. Mr. Morris got the idea about the siren from a book written by Melvin Belli. The Court does not find that the conduct of Mr. Morris rises to the level of 'prosecutorial misconduct,' but the Court does not condone the conduct. The Court attributes the conduct to poor judgment and youthful enthusiasm."
Relying on Johnson v. State, 238 Ga. 59, 230 S.E.2d 869 (1976), and Sanford v. State, 153 Ga.App. 541(1), 265 S.E.2d 868 (1980), the trial court found "that it is highly probable that the siren did not affect or contribute to the judgment and verdict in the case." The trial court based this conclusion
We join in the trial court's condemnation...
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Carr v. State
...does not ask their conviction but upon calm and dispassionate investigation of the charges against them.' [Cit.]" Burns v. State, 172 Ga.App. 645, 647, 324 S.E.2d 197 (1984). "It has often been stated that it is the duty of a prosecuting attorney to see that justice is done and nothing more......
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Hall v. State, 72797
...prosecutor differs from that of the usual advocate; his duty is to seek justice, not merely to convict.' [Cits.]" Burns v. State, 172 Ga.App. 645, 647, 324 S.E.2d 197 (1984). " 'While the safety of society requires the faithful prosecution of offenders against the laws, the State does not a......
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...See Brown v. State, 145 Ga.App. 530 (4), 244 S.E.2d 68, rev'd. on other grounds, 242 Ga. 536, 250 S.E.2d 438 (1978)." Burns v. State, 172 Ga.App. 645, 647, 324 S.E.2d 197. In the case sub judice, we have examined the text of the closing argument of which Hartford complains and, without ruli......
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Osborne v. State, 71118
...given the trial court "[u]nless it is apparent that a new trial is essential to the preservation of a fair trial." Burns v. State, 172 Ga.App. 645, 647, 324 S.E.2d 197 (1984). Finally, the comment made by the judge was not impermissible because "remarks of a judge assigning a reason for his......