Bly v. State

During a traffic stop, the defendant violently struck an officer with a pair of steel wire cutters, causing a deep laceration to the officer's forearm and profuse bleeding.

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Following a jury trial and the denial of his motion for new trial, Nathaniel Bly appeals his convictions for committing an aggravated assault on a peace officer1 and for obstructing a law enforcement officer felony.2 These charges arose out of Bly’s violent attacks on an officer during a traffic stop. He challenges the sufficiency of the evidence on the aggravated assault charge and argues that the trial court erred in excusing a juror, in allowing conclusory testimony, and in finding he did not prove a claim of ineffective assistance of counsel. We hold that the evidence sufficed to sustain the aggravated assault conviction and further hold that no reversible error appears. Accordingly, we affirm. 1. When reviewing a defendant’s challenge to the sufficiency of the evidence, we view the evidence in the light most favorable to the jury’s verdict, and the defendant no longer enjoys the presumption of innocence. Short v. State .3 We do not weigh the evidence or determine witness credibility, but only determine if the evidence was sufficient for a rational trier of fact to find the defendant guilty of the charged offense beyond a reasonable doubt. Jackson v. Virginia .4

So viewed, the evidence shows that at approximately 1:30 a.m. one morning, Officer Hawk observed Bly repeatedly drive his pickup truck over the center line. Suspecting intoxication, Officer Hawk activated his blue lights and pulled Bly over, which caused an officer in a second patrol car nearby to pull in behind Officer Hawk to assist. Officer Hawk approached Bly and asked for his driver’s license and proof of insurance. Ignoring the request, Bly asked why he had been stopped. Officer Hawk explained that Bly had been driving left of the center line. In a raised voice, Bly angrily cursed the officer. Officer Hawk again requested Bly’s driver’s license and proof of insurance; Bly refused, belligerently yelling insults at the officer.

Bly v. State

During a traffic stop, the defendant violently struck an officer with a pair of steel wire cutters, causing a deep laceration to the officer's forearm and profuse bleeding.

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