McClary v. State
322 Ga. App. 35
Ga. Ct. App.2013Background
- McClary appeals the trial court's denial of his motion for new trial after convictions for felony obstruction of an officer, attempted removal of a firearm from an officer, and misdemeanor obstruction.
- On appeal, the evidence is reviewed in the light most favorable to the verdict, with no presumption of innocence remaining for McClary.
- At about 4:00 a.m., a uniformed state university police officer stopped McClary near Valdosta State University to inquire about his presence given a string of car break-ins.
- McClary fled into the woods; the officer pursued, tackled him, and they struggled, during which McClary grabbed the officer's private area and allegedly attempted to take the handgun from the holster, while the officer struck him with a flashlight.
- Backup officers arrived, McClary was subdued and handcuffed, and the record included video from the patrol car and testimony from another officer about the attempted removal of the handgun.
- McClary testified he fled but denied grabbing the officer or attempting to take the handgun; the jury found him guilty and the trial court denied the new-trial motion, which is challenged on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence | McClary asserts insufficiency to support all convictions. | State argues the officers' testimony alone suffices to sustain convictions. | Evidence sufficient beyond reasonable doubt; credibility is for the jury. |
Key Cases Cited
- Brown v. State, 318 Ga. App. 334 (2012) (standard: view evidence in light most favorable to prosecution)
- Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency review for reasonable doubt)
- Sutton v. State, 261 Ga. App. 860 (2003) (credibility and weight are jury's province)
