Walker v. State

The jury was entitled to reject as unreasonable the theoretical possibilities that the defendant had a consensual encounter with the victim as she walked home from her boyfriend's house or that he chanced upon her dead body and then had sex with her.

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Larry Walker was convicted of malice murder, felony murder, and rape in connection with the death of Joanne Hankamer.1 Walker appeals, challenging the sufficiency of the evidence and the trial court’s failure to give his requested jury charges on DNA evidence and impeachment. Finding no error, we affirm. On appeal of a criminal conviction, this Court’s duty is to determine “whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Citation and emphasis omitted. Jackson v. Virginia , 443 U. S. 307, 318 II B 99 SC 2781; 61 LE2d 560 1979. The appellant no longer enjoys the presumption of innocence. Rankin v. State , 278 Ga. 704 606 SE2d 269 2004. Moreover, the Court does not re-weigh the evidence or resolve conflicts in testimony, but rather defers to the jury’s assessment of the weight and credibility of the evidence. Id.

Viewed in the light most favorable to the verdict, the evidence showed that, at around 10:00 p.m. on December 13, 1989, Hankamer left her boyfriend’s home near Candler Park and walked down McClendon Avenue toward her own home. Her body was discovered the next day in a wooded area near Candler Park, about 80 feet from McClendon Avenue. Hankamer’s pants and underwear were pulled down and twisted around one of her legs. Her nose was broken and her upper jaw had been fractured.

Walker v. State

The jury was entitled to reject as unreasonable the theoretical possibilities that the defendant had a consensual encounter with the victim as she walked home from her boyfriend's house or that he chanced upon her dead body and then had sex with her.

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