Background

• A DeKalb County jury convicted Cannon of bus hijacking, possession of a firearm during the commission of bus hijacking, aggravated assault with a deadly weapon against the bus driver, and possession of firearm during the commission of aggravated assault.
• Bus driver testified Cannon brandished a handgun at the door and ordered a passenger off, taking the woman away in a green Mercury Marquis.
• Bus driver observed the tag number of Cannon's vehicle and police later located a matching tag at Cannon's residence; NCIC confirmed registration under Cannon's mother.
• A photo lineup identified Cannon as the perpetrator; a search of Cannon's home yielded a loaded handgun similar to the one used; fingerprints matched Cannon; clothing matching the description was found in the vehicle.
• The court evaluated whether the evidence, viewed in the light most favorable to the verdict, supported each conviction and whether expert eyewitness identification testimony was admissible.
• The trial court limited expert testimony on eyewitness identification; the State’s case rested on independent corroboration and the driver's identification.

Issues

Key Cases Cited

• Hester v. State, 282 Ga. 239 (2007) (sufficiency standard mirrors directed verdict standard)
• Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency review for evidence)
• Johnson v. State, 272 Ga. 254 (2000) (trial court may admit eyewitness identification expert testimony)
• Howard v. State, 286 Ga. 222 (2009) (transference theory admissibility standard)
• Talton v. State, 254 Ga.App. 111 (2002) (testing limitations on eyewitness testimony)
• Middlebrooks v. State, 277 Ga.App. 551 (2006) (weight vs. sufficiency in evaluating eyewitness credibility)