Legal Opinion

Sachtjen v. the State

Court of Appeals of Georgia

Decided March 9, 2017No. A16A1863PublishedCited by 3 opinions

1Opinion of the Court

Branch, Judge.

On appeal from his conviction for less-safe driving under the influence (DUI) and reckless driving, Brian Sachtjen argues that the trial court erred when it refused to charge the jury that the absence of some audio portions of a video recording of the incident entitled him to a presumption that the missing parts of the recording would have been favorable to the defense. We find no error and affirm.

“On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, with the defendant no longer enjoying a presumption of innocence.” Reese v.…

2Cases cited7 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Reese v. StateCourt of Appeals of Georgia · 2004
  3. Phillips v. HarmonSupreme Court of Georgia · 2015
  4. Revere v. StateCourt of Appeals of Georgia · 2006
  5. Clayton County v. Austin-PowellCourt of Appeals of Georgia · 2013

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

3Cited by3 opinions

  1. Lundy v. the StateCourt of Appeals of Georgia · 2017
  2. Catarina Castro-Moran v. StateCourt of Appeals of Georgia · 2020
  3. Herbert Brown v. StateCourt of Appeals of Georgia · 2023

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