Askew v. State

Court of Appeals of Georgia

Askew v. State

546 S.E.2d 15, 248 Ga. App. 230, 2001 Fulton County D. Rep. 905, 2001 Ga. App. LEXIS 234

CourtCourt of Appeals of Georgia

DecidedFebruary 22, 2001

DocketA01A0429

StatusPublished

Cited by3 cases

This text of 546 S.E.2d 15 (Askew v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Askew v. State, 546 S.E.2d 15, 248 Ga. App. 230, 2001 Fulton County D. Rep. 905, 2001 Ga. App. LEXIS 234 (Ga. Ct. App. 2001).

Pincite

Opinion

Phipps, Judge.

Michael Askew, an inmate at a state prison, was charged with knowingly and wilfully obstructing prison guards Taylor and Lee in the lawful discharge of their official duties.¹ The jury found Askew guilty on both counts. He appeals.

1. He first challenges the sufficiency of the evidence to support the verdict on the ground that the testimony of the prison guards was not credible. The sufficiency of the evidence is not, however, subject to challenge on this ground.

On appeal from a criminal conviction, . . . the evidence is viewed in the light most favorable to the verdict. An appellate court determines only if a rational trier of fact could find all the essential elements of the crime charged beyond a reasonable doubt; the appellate court does not weigh the evidence or determine witness credibility. Conflicts in witness testimony are matters of credibility for the jury to resolve. And as long as there is some evidence, even though contradicted, to support each fact necessary for the state’s case, the verdict will be upheld.²

It is undisputed that at the time of the incident in this case, Askew was being held in the medical unit of the prison awaiting transfer to another facility, that he objected to the transfer, and that Officers Taylor and Lee entered his cell to escort him out. Officers Taylor, Lee, and Evans testified that, without provocation, Askew pushed Officer Taylor and bit Officer Lee after they came into his cell. Lee and his treating nurse testified that as a result of the bite, ¡ he was given HIV and hepatitis tests. Although Askew testified that [231]*231the officers assaulted him without provocation and that he did not push or bite anyone, the State’s evidence authorized the jury to find Askew guilty of the crimes charged beyond a reasonable doubt.

Decided February 22, 2001. McGee & McGee, James B. McGee III, for appellant. Richard E. Currie, District Attorney, James D. Lamb, Assistant District Attorney, for appellee.

2. Askew next claims that the trial court erred in not allowing him to speak for himself at sentencing. The sentencing transcript belies this assertion.

Judgment affirmed.

Smith, P. J., and Barnes, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Phipps, Judge.

Michael Askew, an inmate at a state prison, was charged with knowingly and wilfully obstructing prison guards Taylor and Lee in the lawful discharge of their official duties.¹ The jury found Askew guilty on both counts. He appeals.

1. He first challenges the sufficiency of the evidence to support the verdict on the ground that the testimony of the prison guards was not credible. The sufficiency of the evidence is not, however, subject to challenge on this ground.

On appeal from a criminal conviction, . . . the evidence is viewed in the light most favorable to the verdict. An appellate court determines only if a rational trier of fact could find all the essential elements of the crime charged beyond a reasonable doubt; the appellate court does not weigh the evidence or determine witness credibility. Conflicts in witness testimony are matters of credibility for the jury to resolve. And as long as there is some evidence, even though contradicted, to support each fact necessary for the state’s case, the verdict will be upheld.²

It is undisputed that at the time of the incident in this case, Askew was being held in the medical unit of the prison awaiting transfer to another facility, that he objected to the transfer, and that Officers Taylor and Lee entered his cell to escort him out. Officers Taylor, Lee, and Evans testified that, without provocation, Askew pushed Officer Taylor and bit Officer Lee after they came into his cell. Lee and his treating nurse testified that as a result of the bite, ¡ he was given HIV and hepatitis tests. Although Askew testified that [231]*231the officers assaulted him without provocation and that he did not push or bite anyone, the State’s evidence authorized the jury to find Askew guilty of the crimes charged beyond a reasonable doubt.

Decided February 22, 2001. McGee & McGee, James B. McGee III, for appellant. Richard E. Currie, District Attorney, James D. Lamb, Assistant District Attorney, for appellee.

2. Askew next claims that the trial court erred in not allowing him to speak for himself at sentencing. The sentencing transcript belies this assertion.

Judgment affirmed.

Smith, P. J., and Barnes, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

546 S.E.2d 15, 248 Ga. App. 230, 2001 Fulton County D. Rep. 905, 2001 Ga. App. LEXIS 234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/askew-v-state-gactapp-2001.

Opinion

Related

Cite This Page — Counsel Stack