The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Carlos Alan Stockardv.The State

CourtCourt of Appeals of Georgia
Docket No.A13A2176
DecidedMarch 26, 2014
Reporter327 Ga. App. 184, 755 S.E.2d 548
JudgesJudge Ray authored the opinion for Presiding Judge Barnes and Judges Miller and Ray; Barnes and Miller concurred
Tags
CriminalCriminal ProcedureEvidenceSufficiency of the EvidenceReversalConstitutional Law
Case Summary

A jury found Stockard guilty of making a false statement during a recorded police interview concerning his whereabouts at a murder scene. The State charged the offense in DeKalb County, but investigators testified only that they picked him up at the county jail and later drove him around while questioning him. The Court of Appeals found the evidence sufficient to support the false-statement conviction, although Stockard challenged only venue. Venue remained an element the State had to prove beyond a reasonable doubt. The recording showed he made the statements several minutes after the interview began, but the State presented no evidence showing where the vehicle was then or whether the investigators remained in DeKalb County. The court reversed for insufficient proof of venue and explained that retrial was not barred if venue were properly established. On reconsideration, it rejected the State’s assertion that Stockard’s brief admitted the statements were made at the jail; the cited language was conditional, not an admission of fact.

Opinion

Loading published copy…

The Far Side
Carlos Alan Stockard v. The State — The Atlanta Gleaner