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Walker v. State

The defendant, a sheriff's deputy, allegedly grabbed the victim when she tried to walk away from his patrol car, threw her into the back seat, held her down and raped her.

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Deramius Walker was indicted on charges of rape, aggravated assault, kidnapping, battery and false imprisonment. A jury acquitted him of all charges, with the exception of the false imprisonment charge. Walker appeals from the judgment of conviction entered on the false imprisonment charge, challenging the sufficiency of the evidence to support that conviction. He also argues that the court erred in showing favoritism toward one of the state’s witnesses, refusing to permit the defense to question the victim about her occupation as a stripper, and not allowing him to introduce a draft of a lawsuit which the victim’s attorney in a potential civil action was considering filing against Walker and his employer. None of the enumerations has merit, so we affirm the conviction. 1. Walker contends the evidence was not sufficient to support the finding that he committed the crime of false imprisonment. We disagree.

On appeal from a criminal conviction, the evidence must be viewed in the light most favorable to the verdict, and the defendant no longer enjoys the presumption of innocence; moreover, an appellate court does not weigh the evidence or determine witness credibility but only determines whether the evidence is sufficient under the standard of Jackson v. Virginia .1 Conflicts in the testimony of the witnesses are for the jury to resolve.2 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.3

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