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Weldon v. State
327 Ga. App. 862
Ga. Ct. App.
2014
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Background

  • Weldon was convicted after a jury trial of 12 armed robberies, 1 aggravated assault, and giving a false name to a law enforcement officer.
  • He appeals the denial of a motion for new trial, arguing the electronic security device worn under clothing during trial violated his Sixth Amendment right to a fair trial.
  • Robberies occurred from March 5 to March 26, 2007 at multiple restaurants and a store; victims identified Weldon in person, in photographs, or by video.
  • A videotaped arrest and several witnesses' identifications tied Weldon to multiple robberies; one co-defendant testified against Weldon.
  • The trial court directed verdict on two counts due to insufficient evidence; the jury found Weldon guilty on the remaining counts; he challenged the security device and the sufficiency of the evidence on appeal.
  • The court upheld the security device as within the trial court’s discretion, and held the evidence sufficient to support the verdicts.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the security device violated Sixth Amendment rights Weldon argues the device impaired trial participation State argues court acted within discretion to preserve order No reversible error; not inherently prejudicial; no harm shown
Whether the evidence was sufficient to sustain the convictions Sufficiency of identification and transactions was lacking Other evidence and witness identifications support guilt Evidence sufficient to support guilty verdicts beyond a reasonable doubt

Key Cases Cited

  • Jackson v. Virginia, 443 U.S. 307 (1979) (clear standard for sufficiency of the evidence)
  • Nance v. State, 280 Ga. 125 (2005) (Georgia sufficiency/identity considerations)
  • Young v. State, 269 Ga. 478 (1998) (identification and sufficiency principles)
  • Brashier v. State, 299 Ga. App. 107 (2009) (appellate review of identification/evidence rules)
  • Wickerson v. State, 321 Ga. App. 844 (2013) (evidence sufficiency/standard applications)
Read the full case

Case Details

Case Name: Weldon v. State
Court Name: Court of Appeals of Georgia
Date Published: Jul 7, 2014
Citation: 327 Ga. App. 862
Docket Number: A14A0135
Court Abbreviation: Ga. Ct. App.