Denson v. Georgia
Annotate this CaseCalvin Denson appealed his convictions for malice murder and armed robbery in connection with the 2011 shooting death of Julian Hernandez. On appeal, Denson argued: (1) the evidence was insufficient to support his convictions; (2) the introduction of an audio recording violated his rights under the Confrontation Clause, because the recording contained statements of a witness who did not testify at trial and was not previously cross-examined; and (3) trial counsel was ineffective in failing to object to certain statements made by the prosecutor during closing arguments. After review, the Georgia Supreme Court affirmed because the evidence was legally sufficient to support Denson’s convictions, the audio recording did not contain testimonial statements and thus the Confrontation Clause did not apply, and Denson failed to show a reasonable probability that the outcome of his trial would have been different had trial counsel objected to the challenged statements.
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