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Davenportv.The State

CourtSupreme Court of Georgia
Docket No.S20A0035
DecidedJuly 2, 2020
Reporter309 Ga. 385
JudgesSupreme Court of Georgia
Tags
CriminalCriminal LawCriminal ProcedureMurder & MayhemTales From the CryptSufficiency of the EvidenceEvidenceHearsayAppellate ProcedurePreservation of Error
Case Summary

Brian Davenport was convicted of malice murder and related offenses in the death of Debora Abney. He challenged the sufficiency of the evidence and the admission of other-acts and hearsay evidence. The Georgia Supreme Court affirmed. The court held that the evidence was legally sufficient and that any error in admitting the other-acts evidence was harmless. It also rejected the hearsay claim. In an important procedural holding, the court announced that it would no longer automatically review sufficiency of the evidence on its own initiative in non-death-penalty cases, although it retained discretion to do so when circumstances warranted. The change would apply prospectively to cases docketed beginning in the December 2020 term, giving lawyers notice that sufficiency challenges should be expressly raised. The court affirmed Davenport’s judgment and left all justices concurring.

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