Lyon v. State
| Decision Date | 28 May 1992 |
| Docket Number | No. S92A0380,S92A0380 |
| Citation | 262 Ga. 247,416 S.E.2d 523 |
| Parties | LYON v. The STATE. |
| Court | Georgia Supreme Court |
Reid W. Kennedy, David M. Simpson, Kennedy & Kennedy, Marietta, for lyon.
Thomas J. Charron, Dist. Atty., Marietta, Michael J. Bowers, Atty. Gen., C.A. Benjamin Woolf, Atty., State Law Dept., Atlanta, for the State.
Debra Halpern Bernes, Nancy I. Jordan, Asst. Dist. Attys., Marietta.
Steve Larry Lyon was convicted of the felony murder of his girl friend, Deborah Ann Drew, and was sentenced to life imprisonment. He appeals and we affirm. 1
1. Lyon contends that the trial court erred by failing to grant his motion for a directed verdict. We reject this contention as the evidence was sufficient to authorize the jury to find that the victim's death was caused by injuries inflicted upon her during the underlying felonies of aggravated sodomy and aggravated assault. Accord State v. Cross, 260 Ga. 845(2), 401 S.E.2d 510 (1991); Durden v. State, 250 Ga. 325, 329, 297 S.E.2d 237 (1982). Having also considered the evidence in a light most favorable to the verdict, we conclude that a rational trier of fact could have found Lyon guilty of the crimes charged beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).
2. Lyon argues that the charge on voluntary manslaughter was error because there was not even slight evidence that his actions towards the victim were the result of a sudden, violent and irresistible passion resulting from serious provocation. Whether there was such evidence was a question of law for the trial court to determine. Henderson v. State, 234 Ga. 827, 218 S.E.2d 612 (1975). Having reviewed the evidence, we conclude that the trial court did not err in determining that a charge as to voluntary manslaughter should be given.
3. Lyon next contends that the trial court erred by not declaring a mistrial in response to four instances of prosecutorial misconduct.
(a) In the first incident, the state sought to have Lyon admit that he and his attorney had "conspired about this knife story." His counsel immediately objected that the question was "out of place and misleading." The trial court agreed and informed the state that the question was "improper," "implies unethical conduct on the lawyer's part," and was not "called for." Lyon made no further objection.
Shortly thereafter, the state began asking Lyon to go into details of his conversation with his attorney concerning the knife that Lyon contended had been involved in the fight between himself and the victim. Defense counsel objected that such was a "violation of attorney-client privilege" and asked the court "to admonish counsel to lay off." The court informed the state that its questions were "improper," admonished the state about such questions, and asked the jury to disregard the statements. Again, Lyon made no further objections and made no further requests of the court.
Trial courts have broad discretion in handling matters such as these and, here, the court granted the relief Lyon requested. "In no case will the trial judge's ruling be reversed for not going further than requested." Brooks v. State, 183 Ga. 466, 469, 188 S.E. 711 (1936).
(b) Lyon complains that it was improper for the state to question him as to why he had not told police about the knife and the fact that the victim had attacked him with the knife. He also complains that the state made improper remarks during closing arguments. These issues were not preserved for appeal as no objections were made at the time they occurred at trial. Peters v. State, 259 Ga. 828, 829, 388 S.E.2d 522 (1990).
4. Lyon argues that the trial court erred...
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Bohannon v. State
...at 25, 482 S.E.2d 437. "`In no case will the trial judge's ruling be reversed for not going further than requested.'" Lyon v. State, 262 Ga. 247, 249(3)(a), 416 S.E.2d 523. This enumeration is without 3. The trial transcript is replete with admissible evidence that appellant suffered from a......
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...32. Hill v. State, 193 Ga.App. 401, 405(8), 387 S.E.2d 910 (1989) (citations and punctuation omitted). 33. See Lyon v. State, 262 Ga. 247, 248-249(3)(a), 416 S.E.2d 523 (1992) (trial judge's ruling will not be reversed for not going further than requested). 34. See, e.g., Hill, supra (juror......
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...matters do not present grounds for reversal. See generally Shearer v. State, 259 Ga. 51(6), 376 S.E.2d 194 (1989); Lyon v. State, 262 Ga. 247(3), 416 S.E.2d 523 (1992); Wright v. State, 255 Ga. 109(4), 335 S.E.2d 857 Judgment affirmed in part and vacated in part. All the Justices concur. 1 ......
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Leonard v. State, S98A0621.
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