Clayton v. State
319 Ga. App. 713
Ga. Ct. App.2013Background
- Clayton attacked Andrews at multiple times, including ramming his car, blocking his departure, and damaging his vehicle and property.
- Clayton taunted Andrews via phone, leading police to file reports on subsequent incidents.
- In the early morning of April 5, 2008, Clayton threw a ten-pound brick at Andrews, injuring his arm and breaking his windshield.
- Andrews reported ongoing damage to his car (windshield shattered, bricks left on car, scratches) and was arrested that day.
- Clayton was convicted by jury of aggravated assault and criminal trespass; she moved for a new trial, which was denied.
- On appeal, Clayton challenges (1) bolstering of witness statements via an officer reading prior statements, and (2) the jury instruction on aggravated assault
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether admitting officer-read statements improperly bolstered witnesses | Clayton argues it was improper bolstering | State contends no reversible error given acquittal on related charge | No error; no harm shown |
| Whether jury instruction on aggravated assault improperly expanded methods not in the indictment | Clayton argues instruction improperly permitted alternate methods | Court merely defined simple assault methods; not an improper amendment | No error; instruction proper and tied to pattern charge |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1980) (sufficiency standard for evidence review in criminal convictions)
- Perry v. State, 314 Ga. App. 575 (2012) (concerning evidentiary sufficiency and trial error in Georgia appellate review)
- Payne v. State, 195 Ga. App. 523 (1999) (circumstantial evidence of defensive action supports reasonable apprehension)