Legal Opinion · Dissent

O'NEILL v. State

Supreme Court of Georgia

Decided March 9, 2009No. S08G0708Published

1DissentHines, Justice

I respectfully dissent because the majority has usurped the province of the trial court by essentially retrying this drug case and then wrongly concluding that the evidence fails to show that defendant O’Neill possessed methamphetamine. The majority reverses the Court of Appeals, and thereby, acquits O’Neill of the drug charge against him, based upon its determinations that the Court of Appeals improperly relied upon a statement made to police by O’Neill’s co-conspirator, and that there exists another reasonable hypothesis save O’Neill’s guilt. But, such reasoning is fatally flawed.

First, the…

2Cases cited13 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Fetty v. StateSupreme Court of Georgia · 1997
  3. Walker v. StateSupreme Court of Georgia · 2007
  4. Smith v. StateSupreme Court of Georgia · 2008
  5. Thomas v. StateSupreme Court of Georgia · 2008

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