Davenport v. GeorgiaAnnotate this Case
Brian Davenport appealed his convictions for malice murder and other crimes in connection with the death of Debora Abney. Davenport contended: (1) the evidence was insufficient to convict him; and (2) that the trial court erred by admitting improper character evidence under OCGA 24-4-404 (b) and certain hearsay evidence. After review, the Georgia Supreme Court affirmed because the evidence was legally sufficient to support Davenport’s convictions, any error in the admission of the Rule 404 (b) evidence was harmless, and the trial court did not abuse its discretion in admitting the hearsay evidence. However, by this opinion, the Court also announced it would end its practice of sua sponte review of the constitutional sufficiency of the evidence supporting convictions in appeals of non-death penalty murder cases, beginning with cases that docket to the term of court that begins December 2020. The Court stated it would begin assigning cases to the December Term on August 3, 2020.