Legal Opinion · Concurring in part, dissenting in part

Owens v. State

Court of Appeals of Georgia

Decided March 28, 2014No. A13A2241Published

1Concurring in part, dissenting in partPhipps, Chief Judge

I fully concur in Divisions 2 and 3 of the majority opinion, but respectfully dissent to Division 1 because I believe that the circumstantial evidence was insufficient to support Owens’s (Appellant’s) conviction for possession of methamphetamine, and it did not exclude the reasonable hypotheses that the methamphetamine was discarded by the front seat passenger, another motorist, or a pedestrian.

[T]he relevant question on appeal from denial of the general grounds of a motion for new trial is “whether after viewing the evidence in the light most favorable to the prosecution, any rational trier…

2Cases cited13 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Harris v. StateSupreme Court of Georgia · 1976
  3. Taylor v. StateCourt of Appeals of Georgia · 2010
  4. Wright v. StateCourt of Appeals of Georgia · 2010
  5. Herberman v. StateCourt of Appeals of Georgia · 2007

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