Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Port v. State

Evidence that the defendant entered his fiance's home uninvited, they struggled when she attempted to flee into an adjacent room, he took the phone away when she tried to call 911, and he tried to prevent her escape through a window was sufficient to support his false imprisonment, simple assault and criminal trespass convictions.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Following a jury trial, StateStateDavidStateEdwardStatePortwas convicted of false imprisonment, simple assault, and criminal trespass. He argues on appeal that the evidence was insufficient to support his conviction and that his trial counsel was ineffective. We find no error and affirm.On review from a criminal conviction, we view the evidence in the light most favorable to the prosecution to determine only whether any rational trier of fact could have found the essential elements of the crimes charged beyond a reasonable doubt. We do not assess witness credibility or weigh the evidence, but determine only its sufficiency.Citations omitted. Hester v. State , 287 StateStateGa.App. 434 651 SE2d 538 2007. So viewed, the evidence at trial showed that Port and the victim had been in a romantic relationship and at one time were engaged to be married. After the relationship ended, the victim communicated to Port in numerous emails, the contents of which were read to the jury at trial, that he was no longer welcome to see or contact her. The state also presented evidence that on a prior occasion, Port arrived unannounced at the victim’s home in the middle of the night and, after summoning the police, the victim told Port in the presence of the officers that he was not permitted to return to her residence.

On the day in question, Port went to the victim’s home uninvited and let himself inside. As the victim exited the bathroom, Port was standing in the hallway in front of her. Alarmed, the victim attempted to flee into an adjacent room. Port and the victim “struggled” as he attempted to prevent her from passing him. Once in the adjacent room, Port took the telephone from the victim as she tried to call 911. The victim ultimately pushed out the screen and successfully exited the residence through an open window despite Port’s attempt to pull her back inside.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

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

LEARN MORE

More From ALM

Premium Subscription
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
Team Accounts
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
Bundle Subscriptions
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
Go to CLE Center
New York Legal Awards 2024
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
African Legal Awards 2024
September 06, 2024
Johannesburg

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


Learn More
Consulting Best Firms to Work For 2024
September 12, 2024
New York, NY

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


Learn More
Go to Events Go to Webcasts
Marketing Coordinator / Business Development

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


Apply Now ›
Juvenile Dependency Attorney II/III/IV

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


Apply Now ›
Litigation Counsel - Multiple Offices

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


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Go to Professional Announcements