Georgia v. Jackson
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The State appealed the trial court's grant of a motion for new trial on the ground that the evidence was legally insufficient for the jury to convict appellee Marcus Jackson of murder and related charges for the death of the victim Brandon Horton. Because the trial court was reviewing the legal sufficiency of the evidence pursuant to "Jackson v. Virginia," (443 U.S. 307 (1979)) and not pursuant to OCGA 5-5-21, the trial court was not acting as the Òthirteenth jurorÓ and could not weigh the evidence or otherwise exercise itÕs own discretion. Rather, the Supreme Court applied the standard of review as listed in "Manuel v. Georgia,"(711 SE2d 676) (2011)). Applying this standard, the Supreme Court reversed.
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