X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Jimmy Carter was convicted by a Muscogee County jury of the offense of burglary. Carter appeals from the denial of his motion for new trial. Without challenging the sufficiency of the evidence, he alleges that the trial court erred in allowing the similar transaction evidence at trial. We disagree and affirm. In the light most favorable to the verdict,1 the evidence shows that on Tuesday, January 21, 2003, Amanda Morris was awakened between 1:30 and 2:00 a.m. by a loud booming noise. When she came out of her bedroom, she saw Carter standing in her dining room, about three or four feet inside the back door. Morris informed Carter she had a weapon, and Carter walked out the back door. The back door frame was broken and the back door was split in half. Morris called 911. While she was talking on the telephone with the 911 operator, Morris walked outside and observed Carter walking out of her driveway. Morris testified that from her position she could see Carter walk to the end of the dead end street, crawl on his stomach to the other side, and start walking back up the street toward Morris’ house.

Valdomar Mendiaz and Teresa Lively, friends of Morris, coincidentally arrived at Morris’ house while Morris was on the telephone with the 911 operator. Mendiaz had come to Morris’ house to pick up his car which he had lent her earlier in the day. Mendiaz, a member of the 3rd Ranger Battalion, testified that he started to walk down the dead end street looking for Carter, when Morris who was standing on the higher elevated patio called out that Carter was walking back up the street toward him. Mendiaz met Carter about two houses down the street from Morris’ house and told Carter he needed to talk with him. Carter stated to Mendiaz that he was in the area because he was being chased by some men. Columbus police arrived. Carter told police that he was chasing two men off from his house and ended up behind Morris’ house. Carter further stated that during the struggle between them, Morris’ back door was knocked down. Carter was taken into custody.

 
Reprints & Licensing
Mentioned in a Law.com story?

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

More From ALM

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
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
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
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

Title: Legal Counsel Reports to: Chief Executive Officer (CEO) FLSA Status: Exempt, Full Time Supervisory Responsibility: N/A Location: Remo...


Apply Now ›

Blume Forte Fried Zerres and Molinari 1 Main Street Chatham, NJ 07945Prominent Morris County Law Firm with a state-wide personal injury prac...


Apply Now ›

d Arcambal Ousley & Cuyler Burk, LLP, a well-established women-owned litigation firm, has an opening in our Parsippany, NJ office. We of...


Apply Now ›