Taylor v. State
307 Ga. App. 487
Ga. Ct. App.2010Background
- Taylor was convicted of armed robbery, aggravated assault, burglary, and possession of a firearm during the crime.
- Mitchell, Taylor's co-defendant, testified for the State at trial identifying Taylor as an accomplice.
- Ward, the victim, was assaulted; Taylor shot Ward after Mitchell was knocked to the floor during Ward’s investigation.
- Mitchell later recanted at a motion-for-new-trial hearing, saying Taylor did not accompany him to Ward’s home or know of the plan.
- Taylor argued newly discovered evidence warranted a new trial; the court held the evidence was cumulative and not material.
- The court affirmed the denial of the motion for new trial and upheld the sufficiency of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the evidence legally sufficient to sustain the convictions? | Taylor | Taylor | Evidence sufficient beyond reasonable doubt |
| Did Mitchell's recantation at the motion-for-new-trial hearing constitute newly discovered evidence warranting a new trial? | Taylor | Taylor | Trial court did not abuse discretion; recantation was cumulative |
Key Cases Cited
- Davis v. State, 275 Ga.App. 714, 621 S.E.2d 818 (2005) (standard for reviewing evidence in light most favorable to verdict)
- Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency review for criminal conviction)
- Crowder v. State, 241 Ga.App. 818, 527 S.E.2d 901 (2000) (armed robbery elements; sufficiency review)
- Howard v. State, 200 Ga.App. 188, 407 S.E.2d 769 (1991) (evidence citation standards on review)
- Lester v. State, 278 Ga.App. 247, 628 S.E.2d 674 (2006) (discretion in granting new trial on newly discovered evidence)
- Thompson v. State, 291 Ga.App. 355, 662 S.E.2d 135 (2008) (necessary considerations for newly discovered evidence)
- Timberlake v. State, 246 Ga. 488, 271 S.E.2d 792 (1980) (criteria for newly discovered evidence; burden on movant)