Kilby v. State

Blackburn, Presiding Judge.

Following a jury trial, David Wayne Kilby appeals his conviction for stalking* 1 and making harassing phone calls. 2 He challenges the sufficiency of the evidence and also argues that the trial court erred in denying his motion for new trial that asserted claims of “newly discovered” evidence and ineffective assistance of counsel. We hold that the evidence sustained the conviction, that Kilby knew of the “newly discovered” evidence before trial, and that evidence supported the trial court’s findings underlying its conclusion that Kilby failed to show ineffective…