Davis v. the State
328 Ga. App. 796
Ga. Ct. App.2014Background
- Reginald Davis was convicted by a Polk County jury of armed robbery, kidnapping, motor vehicle hijacking, and theft by taking based on an incident on August 24, 2011.
- Davis and co-defendant Marquita Alford arranged for a victim to pick up two women on South Martiele Street in Cedartown; Davis followed in a separate car.
- After pickup, the other woman exited and Davis entered the victim’s car with a gun, forced the victim to drive to a secluded area, robbed him, and then took the victim’s car, leaving him in the woods.
- The State introduced the victim’s testimony identifying South Martiele Street (between Davenport and Cleo) as the pickup location, and a marked paper map (State’s Exhibit 2) placing those streets in Cedartown, Polk County.
- Davis moved for a mistrial after a detective testified he had been contacted by “absolutely nobody” providing an alibi; the trial court denied the motion and Davis appealed on venue sufficiency and the alleged impermissible comment on silence.
- The Court of Appeals affirmed, holding the venue evidence adequate and that the detective’s testimony, in context, was not an impermissible comment on Davis’s post-arrest silence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Venue — whether the State proved offenses occurred in Polk County | State: Victim’s testimony and marked map placed pickup location on South Martiele in Polk County; the defendants’ conduct there was part of the continuous plan making Polk County a proper venue | Davis: Evidence insufficient to prove the offenses were committed in Polk County | Affirmed: Victim’s testimony + map support venue; actions at pickup point were integral to the continuous commission of the crimes, so venue proper in Polk County |
| Alleged comment on defendant’s post-arrest silence — whether mistrial required | State: Detective’s statement that nobody contacted him with an alibi referred to absence of witness alibis and was permissible | Davis: Detective’s “absolutely nobody” remark implied Davis failed to come forward, improperly commenting on silence and prejudicing jury | Affirmed: Trial court reasonably found jurors would understand the answer as no third-party alibis, not a comment on Davis’s silence; denial of mistrial not an abuse of discretion |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency review)
- Thompson v. State, 277 Ga. 102 (venue is an essential element; jury decides venue)
- Epps v. State, 297 Ga. App. 66 (venue may be established where defendant lured victim and kidnapping/robbery were part of continuous occurrence)
- Whitaker v. State, 283 Ga. 521 (evidence of silence warrants reversal when it targets the substance of defense or substantially prejudices defendant)
- Johnson v. State, 271 Ga. 375 (argument that evidence is uncontradicted or unrebutted is permissible and not a comment on silence)
- Wickerson v. State, 321 Ga. App. 844 (victim testimony and officer map testimony can establish county venue)