Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Guise v. State

The Court reversed the defendant's conviction, because no colloquy between the trial court and defendant determining whether the defendant knowingly and intelligently waived his right to jury trial, occurred.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

After a bench trial, Henry Guise was convicted of simple battery as a lesser included offense of family violence battery. On appeal, Guise argues that the trial court erred by denying him a trial by jury and challenges the sufficiency of the evidence. Although the evidence was sufficient to support Guise’s conviction, we reverse because the record does not show that Guise waived his right to a jury trial. 1. Construing the evidence in favor of the verdict,1 the record shows that Officer Larry Arnold of the Clayton County Police Department went to 315 Kendrick Estates Drive in Jonesboro on June 22, 2008, to investigate an altercation that had occurred between Guise and his daughter, Aisha Jones, and her husband, Hameed Jones.2 According to Arnold, he saw a videotape of the actual altercation at the scene, which showed that Guise was the primary aggressor in the fight with Hameed Jones.

Simple battery occurs when a person intentionally makes physical contact of an insulting or provoking nature with the person of another.3 As the testimony of a single witness is generally sufficient to establish a fact,4 we find that the evidence was sufficient to support Guises’s conviction for simple battery.5 Despite the sufficiency of the evidence, however, we must reverse Guise’s conviction for reasons explained in Division 2.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Consulting Best Firms to Work For 2024
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More
Go to Events Go to Webcasts
Marketing Coordinator / Business Development

JOB DESCRIPTION SUMMARY Pulsar Title Insurance Company Inc., a commercial and residential title insurance underwriter based in the Bato...


Apply Now ›
Juvenile Dependency Attorney II/III/IV

RECRUITMENT BONUS Newly hired employees from this recruitment may be eligible to receive bonus payments up to $3,000!* FLEXIBLE SCHEDULE: ...


Apply Now ›
Litigation Counsel - Multiple Offices

Morristown, NJ; New York, NY Description: Fox Rothschild has an opening in multiple offices for a Counsel in our Litigation Department. The ...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Go to Professional Announcements