Legal Opinion · Dissent

Hoglen v. the State

Court of Appeals of Georgia

Decided March 29, 2016No. A15A1755Published

1DissentMiller, Presiding Judge

I respectfully disagree with the majority opinion’s conclusion that the evidence was insufficient to convict Hoglen of aggravated assault as a party to a crime under OCGA § 16-2-20.

On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, and the defendant no longer enjoys the presumption of innocence. Jackson v. Virginia, 443 U. S. 307 (99 SCt 2781, 61 LE2d 560) (1979). We do not weigh the evidence nor determine witness credibility, but determine only whether the evidence was sufficient for a rational trier of fact to find the defendant guilty…

2Cases cited4 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Burks v. StateSupreme Court of Georgia · 1997
  3. Simpson v. StateSupreme Court of Georgia · 1995
  4. Talifero v. StateCourt of Appeals of Georgia · 2012

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