X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Pursuant to the grant of an out-of-time appeal, Michael Merritt challenges his 2004 convictions of armed robbery, OCGA § 16-8-41 a; hijacking a motor vehicle, OCGA § 16-5-44.1; possession of a firearm during the commission of a felony, OCGA § 16-11-106; aggravated assault with a deadly weapon, OCGA § 16-5-21 a 2; false imprisonment, OCGA § 16-5-41; and burglary, OCGA § 16-7-1. Merritt argues that the evidence is insufficient to support his convictions and that the trial court erred in denying his Batson challenge. Discerning no error, we affirm. 1. When determining a challenge to the sufficiency of the evidence, “we must view the evidence in the light most favorable to the verdict, and the appellant no longer enjoys the presumption of innocence; moreover, on appeal this court determines evidence sufficiency and does not weigh the evidence or determine witness credibility.”1 “Conflicts in the testimony of the witnesses, including the state’s witnesses, are a matter of credibility for the jury to resolve. As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the state’s case, the jury’s verdict will be upheld.”2

Construed in favor of the verdict, the evidence adduced at trial shows that Eric Haney was accosted by three men at his apartment complex on December 17, 2001, at approximately 6:00 p.m. One of the men was carrying what appeared to be an assault weapon. The assailants demanded his money, jewelry, and jacket, all of which Haney surrendered. Haney, who had just parked his Tahoe, also threw down his car keys. One of the men took the keys and went to the vehicle, and the other two men ordered Haney to enter his apartment. Once inside, the men placed Haney on the ground, held the weapon to his head, and demanded money and drugs. Haney stated that he had no drugs. He offered them $800 in quarters, which the assailants did not want. Instead, they took clothing and electronic equipment. The assailant who took the car keys returned and asked Haney how to operate the vehicle’s alarm system. Finally, the assailants fled; Haney watched as they threw his belongings into the Tahoe and took off. Haney then called the police.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More

JOB DESCRIPTION SUMMARY Pulsar Title Insurance Company Inc., a commercial and residential title insurance underwriter based in the Bato...


Apply Now ›

RECRUITMENT BONUS Newly hired employees from this recruitment may be eligible to receive bonus payments up to $3,000!* FLEXIBLE SCHEDULE: ...


Apply Now ›

Morristown, NJ; New York, NY Description: Fox Rothschild has an opening in multiple offices for a Counsel in our Litigation Department. The ...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›