McClain v. State
311 Ga. App. 750
| Ga. Ct. App. | 2011Background
- McClain, wearing a ski mask, robbed a discount store at noon on Nov. 11, 2005, taking cash from the register and fleeing toward his motel.
- A motel front-desk manager and two motel employees recognized McClain as a resident, observing suspicious conduct after the robbery.
- A store surveillance video showed McClain approach the store and mask up before entering.
- Police arrested McClain after he was seen leaving in a Camaro and found a large amount of cash.
- McClain gave a voluntary inculpatory statement to police while in custody.
- Trial court acquitted on one theft-by-receiving count and one obstruction count, but jury convicted on two armed-robbery counts and one obstruction count; motion for new trial was denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the surveillance video testimony was hearsay | McClain argues the testimony about the video was hearsay | State contends Hammock controls and it's non-hearsay | Not hearsay; admission proper |
| Whether Hammock controls over In the Interest of C.G. | McClain relies on C.G. to exclude the testimony | State relies on Hammock to permit it | Hammock controls; C.G. overruled for this issue |
| Whether admission of the testimony was harmless error | Erroneous admission could affect verdict | Evidence supported by other witnesses; remains harmless | No abuse of discretion; evidence sufficient for conviction |
Key Cases Cited
- Hammock v. State, 311 Ga.App. 344, 715 S.E.2d 709 (2011) (surveillance-video testimony not hearsay; Hammock disapproved of C.G.)
- Diaz v. State, 275 Ga.App. 557, 621 S.E.2d 543 (2005) (non-hearsay actions and observations testimony not hearsay)
- Lott v. State, 303 Ga.App. 775, 694 S.E.2d 698 (2010) (officer's testimony about a photo on a cell phone not hearsay)
- In the Interest of C.G., 261 Ga.App. 814, 584 S.E.2d 33 (2003) (earlier rule on admissibility of surveillance-video testimony (disapproved))