Ward v. State

718 S.E.2d 915 (2011)

312 Ga. App. 609

WARD

v.

The STATE.

No. A11A0782.

Court of Appeals of Georgia.

November 16, 2011.

Kevin Kwashnak, for appellant.

Plez Higdon Hardin, Dist. Atty., Lewis Ramon Lamb, Asst. Dist. Atty., for appellee.

PHIPPS, Presiding Judge.

Adrian Ward appeals his conviction for theft by taking a motor vehicle,[1] challenging, among other things, the sufficiency of the evidence and the constitutionality of the court's charge to the jury. We find that the jury charge had the effect of shifting the burden of persuasion to Ward, in violation of his rights under the Due Process Clause,…