HUNSTEIN, Chief Justice.
Appellant Richard Harold Gear was convicted of murder, aggravated assault and firearm possession in connection with the shooting death of Bryan Mough. Finding no error in the denial of Gear's motion for new trial,
At a four-way stop, the victim pulled up next to the driver's side of Chelsea's car in the lane for oncoming traffic. As Chelsea began to make a left turn, the victim also accelerated and the vehicles collided. After regaining control of the motorcycle, the victim got in front of the girls' car and drove for a distance before turning off. The girls continued on their way home, but later noticed that the victim was behind them again. As Chelsea pulled into the driveway, Gear was descending the front steps of the house with a .40 caliber handgun. Gear walked down the driveway toward the road and fired two warning shots when the victim drove past the house. The victim turned the motorcycle around and as he drove down the road past the house again, Gear fired a third time. This shot struck the victim on the right side of the back, traveling downward from right to left and back to front, resulting in his death. Gear testified that he fired the third shot because the victim had swerved toward him.
Viewed in the light most favorable to the verdict, we conclude that the evidence was sufficient for a rational trier of fact to find Gear guilty beyond a reasonable doubt of the crimes for which he was convicted. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).
2. Gear contends that the trial court erred by denying his motion for a change of venue due to pretrial publicity.
Edmond v. State, 283 Ga. 507, 508(2), 661 S.E.2d 520 (2008). Compare Jones v. State, 261 Ga. 665(2), 409 S.E.2d 642 (1991) (setting forth standard for case where State has sought death penalty). As for the first showing, "[e]ven in cases of widespread pretrial publicity, situations where such publicity has rendered a trial setting inherently prejudicial are extremely rare." (Footnote omitted.) Miller v. State, 275 Ga. 730, 735(4), 571 S.E.2d 788 (2002). The record must establish that the publicity contained information that was unduly extensive, factually incorrect, inflammatory or reflective of an atmosphere of hostility. Id.; Happoldt v. State, 267 Ga. 126(2), 475 S.E.2d 627 (1996). Gear has made no such showing.
As to actual prejudice, "the question is not the number of jurors who had heard about the case; rather, the question is whether those jurors who had heard about the case could lay aside their opinions and render a verdict based on the evidence. [Cits.]" Chancey v. State, 256 Ga. 415, 432(5)(C), 349 S.E.2d 717 (1986). Of the 140 persons who appeared for jury duty here, a total of 24, or 17 percent, were excused for
3. Gear argues that the trial court erred by denying his motion for new trial on the ground that there had been unauthorized communication between the jury and a bailiff whose employment was terminated during the course of the trial.
Turpin v. Todd, 271 Ga. 386, 389, 519 S.E.2d 678 (1999). At an evidentiary hearing on this issue, testimony was elicited regarding the bailiff's actions during Gear's trial and the circumstances surrounding his termination. Although certain co-workers were concerned about the bailiff's talkativeness and recalled incidents in which he had stayed in the jury room longer than necessary, no evidence was adduced of any communication other than interactions appropriate for one charged with attending to administrative matters in the conduct of a trial or the mere exchange of pleasantries.
"[W]here a[n improper] communication from the bailiff to the jury is shown, the burden is on the state to rebut by proof the presumption of harm." Battle v. State, 234 Ga. 637, 639, 217 S.E.2d 255 (1975). Because no such showing was made, no presumption of harm arose and no rebuttal was required. Thus, the trial court did not err by denying Gear's motion for new trial on this basis.
4. Gear cites as error the trial court's refusal to give his requested jury instructions on aggravated assault
The trial court charged the jury extensively on the defense of justification, using pattern instructions on the concepts of use of force in defense of self or others,
5. Finally, Gear claims that the errors enumerated in Divisions 2 through 4 above combined to impinge on his fundamental right to trial by a fair and impartial jury. With regard to asserted errors by the trial court, however, a cumulative error rule is not applied. McIlwain v. State, 287 Ga. 115(4), 694 S.E.2d 657 (2010). Compare Schofield v. Holsey, 281 Ga. 809, 812, n. 1, 642 S.E.2d 56 (2007) (combined effect of trial counsel's errors should be considered). Accordingly, this enumeration raises no issue for appellate review. See McIlwain, supra.
Judgment affirmed.
All the Justices concur.