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Dority v. State

Comments a law enforcement officer makes during an interrogation that are designed to elicit a response from a suspect do not amount to opinion testimony when that interview is played during trial.

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Demarkius Dority appeals his conviction and sentence on counts of aggravated sodomy, aggravated child molestation, and child molestation and on three counts of enticing a child for indecent purposes in a case involving two victims. Dority was sentenced to 45 years with 35 to serve. On appeal, he contends the trial court erred by admitting certain evidence over objection; he also contends his trial counsel was ineffective for several reasons, including his failure to obtain and review the victims’ DFCS and juvenile court records, therapy records, school records, and pediatric records and his failure to seek funds to obtain expert witnesses. Finally, Dority has moved to remand the case and order the trial court to review those records and for funds to obtain an expert to review them. For the reasons that follow, we affirm Dority’s conviction and deny the motion to remand.

When the appellate courts review the sufficiency of the evidence, they do not re weigh the evidence or resolve conflicts in the testimony; instead they defer to the jury’s assessment of the weight and credibility of the evidence. Greeson v. State, 287 Ga. 764, 765 700 SE2d 344 2010 citations omitted. See also Glaze v. State, 317 Ga. App. 679, 680-681 1 732 SE2d 771 2012 footnote omitted. Appellate courts determine whether after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307, 319 III B 99 SCt 2781, 61 LE2d 560 1979 citations omitted.

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