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Horne v. State

The State's expert witness's testimony regarding the behavior of victims of intimate partner violence was clearly relevant to explain why a victim of such violence might recant in order to protect the abuser from prosecution.

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Following a jury trial, Damion Horne was convicted of aggravated battery OCGA § 16-5-24 a, aggravated assault OCGA § 16-5-21 a 2 2008, false imprisonment OCGA § 16-5-41 a, and battery OCGA § 16-5-23.1 a.1 Horne appeals from the denial of his motion for new trial, contending that he received ineffective assistance of counsel. For the reasons that follow, we affirm.

On appeal from a criminal conviction, we view the evidence in the light most favorable to support the jury’s verdict, and the defendant no longer enjoys a presumption of innocence. We do not weigh the evidence or judge the credibility of the witnesses, but determine only whether the evidence authorized the jury to find the defendant guilty of the crimes beyond a reasonable doubt in accordance with the standard set forth in Jackson v. Virginia, 443 U. S. 307 99 SCt 2781, 61 LEd2d 560 1979.

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