O'Neal v. State, 288 Ga. 219, 702 S.E.2d 288 (2010)

Daniel F. Farnsworth

Case Conclusion Date:November 8, 2010

Practice Area:Appeals

Outcome:Affirmed in part and reversed in part

Description:The Supreme Court, Melton, J., held that: (1) trial court was required to rebuke prosecutor and give curative instruction upon defendant's objection to improper jury argument; (2) defendant's failure to obtain ruling on request for curative instruction did not waive claim that trial court erred in failing to give an appropriate instruction, disapproving Brooks v. State, 183 Ga. 466, 188 S.E. 711; but (3) trial court's failure to provide curative instruction upon objection to prosecutor's improper argument was harmless error.