Layne v. State
313 Ga. App. 608
| Ga. Ct. App. | 2012Background
- Layne was convicted after a jury trial of reckless conduct by discharging a firearm within 50 yards of a public street, terroristic threats, and possession of a firearm by a convicted felon.
- April 18, 2005: Layne's altercation with a neighbor escalated to Layne wielding a handgun and threatening to blow up the house with propane; an off-duty officer observed Layne with a handgun and a propane tank during the incident.
- Layne refused police commands and stated he would blow up the house; a hostage situation ensued and SWAT responded.
- Police later found a dirty propane tank, oxygen tanks, a loaded shotgun and rifle in Layne’s home, and additional ammunition in a shed; a loaded semiautomatic handgun was found in a spare bedroom.
- The trial was bifurcated on the felon-in-possession counts; Layne was ultimately convicted on one reckless-conduct count, one terroristic-threats count, and three felon-in-possession counts; on appeal, the convictions were challenged for sufficiency of the terroristic-threats and felon-in-possession evidence.
- The appellate court affirmed, holding the evidence sufficient for both offenses and noting that possession can be actual or constructive.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of terroristic threats evidence | Layne lacked intent due to mental illness history | Threats were conditional or directed at others | Sufficient evidence of intent to terrorize |
| Constructive possession of firearms by a felon | Guns belonged to Layne's mother, not Layne | Layne had power and intent to exercise control | Constructive possession established; Layne constructively possessed three firearms |
Key Cases Cited
- Powell v. State, 310 Ga. App. 144, 144 (712 SE2d 139) (2011) (Ga. App. 2011) (relevance to evidentiary considerations and intent)
- Mask v. State, 309 Ga. App. 761, 764 (711 SE2d 348) (2011) (Ga. App. 2011) (sufficiency of possession evidence where felon possessed weapons)
- Reece v. State, 257 Ga. App. 137, 138 (570 SE2d 424) (2002) (Ga. App. 2002) (possession evidenced by access to weapons in defendant's premises)
- Parramore v. State, 277 Ga. App. 372, 373 (626 SE2d 567) (2006) (Ga. App. 2006) (possession can be actual or constructive)
- Clement v. State, 309 Ga. App. 376, 380 (710 SE2d 590) (2011) (Ga. App. 2011) (insanity defense burden and standard of review)