Legal Opinion

O'NEILL v. State

Supreme Court of Georgia

Decided March 9, 2009No. S08G0708PublishedCited by 14 opinions

1Opinion of the Court

HUNSTEIN, Presiding Justice.

We granted Brian O’Neill’s petition for writ of certiorari to review whether the Court of Appeals erred by finding the evidence was sufficient to uphold O’Neill’s conviction for possession of methamphetamine. Bryant v. State, 288 Ga. App. 863 (2) (655 SE2d 707) (2007). Because the Court of Appeals improperly relied on a statement by O’Neill’s co-conspirator that was not admissible against O’Neill pursuant to OCGA § 24-3-52 and the admissible evidence in the record failed to exclude every other reasonable hypothesis except the guilt of the accused, OCGA § 24-4-6, we…

2Cases cited13 opinions

  1. Crowder v. StateSupreme Court of Georgia · 1976
  2. Lockwood v. StateSupreme Court of Georgia · 1988
  3. Fetty v. StateSupreme Court of Georgia · 1997
  4. Mitchell v. StateSupreme Court of Georgia · 1997
  5. Brooks v. StateSupreme Court of Georgia · 2006

8 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Allen v. StateSupreme Court of Georgia · 2015
  2. Mosley v. StateSupreme Court of Georgia · 2020
  3. Roberts v. StateSupreme Court of Georgia · 2015
  4. Verdree v. StateCourt of Appeals of Georgia · 2009
  5. Thurmond v. StateCourt of Appeals of Georgia · 2010

9 more not listed; retrieve them via the Exa API.

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