Legal Opinion

Davidson v. State

Court of Appeals of Georgia

Decided January 27, 2009No. A08A1807PublishedCited by 10 opinions

1Opinion of the Court

Phipps, Judge.

After a bench trial, Nicholas Davidson was convicted of the aggravated stalking of his former girlfriend, S. W, with whom he had a child. On appeal, he contends that the evidence was insufficient. Because the evidence was sufficient, we affirm.

Upon a finding of guilt following a bench trial, the presumption of innocence no longer applies, and the appel late court construes the evidence in favor of the judge’s determination of [the defendant’s] guilt. The appellate court does not weigh the evidence or determine witness credibility, but merely determines the sufficiency of the…

2Cases cited6 opinions

  1. Revere v. StateCourt of Appeals of Georgia · 2006
  2. State v. CarlisleSupreme Court of Georgia · 2006
  3. Boyd v. StateCourt of Appeals of Georgia · 2008
  4. Thomas v. StateCourt of Appeals of Georgia · 2005
  5. Hennessey v. StateCourt of Appeals of Georgia · 2006

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

3Cited by10 opinions

  1. PLACANICA v. StateCourt of Appeals of Georgia · 2010
  2. Brooks v. StateCourt of Appeals of Georgia · 2012
  3. Turnbull v. StateCourt of Appeals of Georgia · 2012
  4. Herbert v. StateCourt of Appeals of Georgia · 2011
  5. Seibert v. StateCourt of Appeals of Georgia · 2013

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

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