Mullins v. State, 56593
| Citation | 248 S.E.2d 708,147 Ga.App. 330 |
| Decision Date | 28 September 1978 |
| Docket Number | No. 56593,56593 |
| Court | United States Court of Appeals (Georgia) |
| Parties | MULLINS v. The STATE. |
Michael S. Moldavan, Chatsworth, for appellant.
Charles A. Pannell, Jr., Dist. Atty., for appellee.
Hubert Mullins was convicted of the crime of armed robbery in Murray County. In his appeal he contends that the trial court erred in overruling his amended motion for new trial (1) on the ground that he, who was acting as his own counsel, had been refused permission in advance of the day of trial to interview Shirley Gates, a state prisoner, although he had requested the right to interview her whom he had subpoenaed, and (2) on the ground that he was not allowed to give narrative testimony when he testified in his own behalf. From our review of the record we find no merit in either contention, and affirm.
The trial of this case in Murray County was on February 27. The indictment had been returned by the grand jury on the previous December 20, and the trial judge had appointed two attorneys to represent the accused. On January 5, however, Mullins by written motion to the trial judge requested that his appointed counsel be relieved, and that Mullins be allowed to represent himself. On January 11 the court appointed other counsel to assist Mullins on questions of law and to sit at the counsel table with Mullins at the trial of his case, but Mullins would be "his own lawyer."
Mullins issued a number of subpoenas, one of which was on February 3 to Shirley Gates. On the back of the subpoena Mullins had written a request to have her confront him at the Murray County jail. Similar requests were made to the sheriff and other persons as to other witnesses, but only Shirley Gates Boatright was in the custody of the state. She was a prisoner at the Women's Prison in Milledgeville. None of the witnesses having contacted him, Mullins on February 16 moved to dismiss the indictment. The trial court overruled the motion on February 27, the day of the trial.
1. At the time of trial, before the witness Shirley Gates was ever called to testify, Mullins was afforded an opportunity to and did interview her. He made no objection, motion for continuance, or other motion concerning the interview either before or during trial. He knew the witness well; they had lived together. 1 He has made no showing as to how he was prejudiced by the interview being conducted on the day of trial rather than before time. There had been no denial of access to the witness such as in Wilson v. State, 93 Ga.App. 229, 91 S.E.2d 201 (1956). Actually, the district attorney before calling Shirley Gates to testify, suggested to the trial court and Mullins that the latter would want to interview her, and this Mullins did. Although the state has no right to deny the accused and his counsel the right to interview witnesses, and there was no denial here, a witness cannot be compelled to submit to such interview. Emmett v. State, 232 Ga. 110, 113, 205 S.E.2d 231 (1974). The record indicates that the witness was fully interrogated by Mullins on cross examination, and there was no objection to her testimony or motion of any type by Mullins as to her testimony. "In this state it is necessary...
To continue reading
Request your trial
-
Walker v. State
...See Williams v. State, 151 Ga.App. 765, 766(1), 261 S.E.2d 487; May v. State, 159 Ga.App. 565, 566, 284 S.E.2d 70; Mullins v. State, 147 Ga.App. 330, 332(2), 248 S.E.2d 708. Further, the jury had already been instructed with reference to its consideration of confessions and that same should......
-
Colbert v. State
...objection to the admission of evidence must be made at the time of trial in order to be reviewed by this court. See Mullins v. State, 147 Ga.App. 330, 332(1), 248 S.E.2d 708. Another victim who lived in the same vicinity was allowed to testify as to an intruder who broke into her home and r......
- Mullins v. State, 65987
- Johnson v. State, 56561