Hickman v. State
311 Ga. App. 544
Ga. Ct. App.2011Background
- Hickman was convicted by a bench trial in the Superior Court of Catoosa County of aggravated assault with a deadly weapon and attempting to hijack a motor vehicle.
- On December 3, 2009, at a Kmart in Fort Oglethorpe, the victim was assaulted in the parking lot while loading her car, after which the attacker threatened and stabbed her.
- The attacker used a knife, tried to force the victim into her car, and the victim activated the car's panic alarm during the struggle.
- Witnesses, including the victim’s son, saw the attack and Hickman was identified by the victim and at least one eyewitness; a knife with the victim’s blood was found the next day.
- Hickman challenged the sufficiency of evidence for the hijacking charge and the State’s preservation of video evidence; the trial court denied motions and the appellate court affirmed the convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient intent to hijack the motor vehicle | Hickman contends no evidence shows intent to seize the car | Hickman argues lack of requisite intent from victim offering keys | Yes; substantial circumstantial evidence supported intent to hijack beyond reasonable doubt |
Key Cases Cited
- Eberhart v. State, 241 Ga. App. 164 (Ga. App. 1999) (circumstantial evidence to prove intent may be sufficient)
- State v. McNeil, 308 Ga. App. 633 (Ga. App. 2011) (preservation/destruction of evidence not reversible error without material exculpatory value)
- State v. Brawner, 297 Ga. App. 817 (Ga. App. 2009) (video preservation issue analyzed for materiality and bad faith)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard for criminal convictions)