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Hickey v. State

Evidence about how a detention center handled the defendant and another detainee after the two detainees got into a fight was not relevant to a determination of the defendant's intent or lack thereof in striking an officer during the fight.

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Following a jury trial, Lorenzo Keith Hickey was convicted of felony obstruction OCGA § § 16-10-24 b.1 Hickey appeals from the denial of his motion for new trial, contending that the trial court erred in 1 excluding proffered evidence during his cross-examination of the victim, and 2 charging on misdemeanor obstruction without charging on lesser included offenses or giving the jury that option on the verdict form. Discerning no error, we affirm.

Viewed in the light most favorable to the jury’s verdict,2 the evidence shows that, shortly before noon on August 3, 2009, a fight broke out between Hickey and another detainee in one of the dorms at the Houston County Detention Center. Five or six officers responded to the fight. While one uniformed officer held the other detainee and tried to calm him down, Hickey swung a punch at the other detainee over the officer’s shoulder. The officer then grabbed Hickey by his clothing, made him back up and told him to stop. Hickey looked right at the officer, swung his arm and struck the officer in the bottom lip.

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