Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

O'Hara v. State

Trial judge's friendly conversation with a police officer during his examination by the state was not a comment on that officer's credibility.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Emory O’Hara was convicted of armed robbery and loitering. Following the denial of his motion for new trial, O’Hara filed this appeal challenging the sufficiency of the evidence, the trial court’s refusal to permit his custodial statement to be read to the jury, and the court’s questioning of two witnesses summoned on behalf of the prosecution. Finding no error, we affirm.

On appeal, the evidence must be viewed in a light most favorable to the verdict and O’Hara no longer enjoys the presumption of innocence. Pollard v. State, 230 Ga. App. 159 495 SE2d 629 1998. The evidence, when viewed in that manner, established that at about 5:00 a.m., two men robbed a convenience store clerk at gunpoint. The clerk identified O’Hara as the robber who pointed a pistol at him from the doorway. The victim described the perpetrators’ race, height, and clothing to police and stated that both had worn shiny, black pants made from either a nylon or silk material. After robbing the store, the two men immediately fled on foot. Within two minutes of the clerk’s 911 call, police began responding. One officer spotted two males who fit the broadcast description of the robbers behind a nearby apartment complex. When this officer directed a spotlight toward them, the suspects fled. He recovered a .32 revolver from the ground where the suspects had been standing moments before. The victim believed this gun was the weapon used in the robbery.

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
Credit Union Times Luminaries Awards 2024
November 07, 2024
Orlando, FL

This event shines a spotlight on the individuals, teams, projects and organizations that are changing the financial industry.


Learn More
Bank & Capital Markets Tax Institute (BTI) 2024
November 06, 2024 - November 07, 2024
Orlando, FL

BTI provides leading tax professionals from financial institutions with unmatched tools and resources.


Learn More
The American Lawyer Industry Awards 2024
November 13, 2024
New York, NY

Honoring outstanding legal achievements focused at the national level, largely around Big Law and in-house departments.


Learn More
Go to Events Go to Webcasts
ENTREPRENEURIAL TAX ASSOCIATE (Charleston, SC; no billable hour requirement; non-remote)

Our client, a small but highly sophisticated and entrepreneurial tax boutique in Charleston, SC, has asked for our firm s assistance in iden...


Apply Now ›
Corporate Counsel

CORE RESPONSIBILITIES AND TASKS:(1) Tasks and responsibilities include:Reviewing and negotiating commercial agreements for internal business...


Apply Now ›
Associate Attorney(s)

Boutique midtown Manhattan law firm specializing in sophisticated real estate litigation & representation of commercial and residential ...


Apply Now ›
Go to Lawjobs