Nix v. State
312 Ga. App. 43
| Ga. Ct. App. | 2011Background
- Nix was convicted of possessing more than one ounce of marijuana.
- Officer stopped Nix for an inoperative headlight; Nix was the sole occupant.
- Nix consented to a search of the car during the stop; marijuana found in the glove compartment.
- Friend testified the marijuana belonged to him, placed there earlier without Nix’s knowledge; state contested details.
- Jury was instructed on possession presumption and equal access doctrine; conviction upheld on sufficiency.
- Appeal argued suppression of evidence and weight of the evidence; appellate court denied both and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to convict | Nix | Nix | Evidence sufficient to convict |
| Whether search was permissible during valid stop | Nix | Nix | Search lawful during stop; consent valid |
| Whether detention prolonged unreasonably prior to consent | Nix | Nix | Consent requested contemporaneously with stop; detention lawful |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard: any rational trier could find elements beyond reasonable doubt)
- Turner v. State, 277 Ga.App. 205 (Ga. App. 2006) (driver's exclusive possession presumption)
- Wheeler v. State, 307 Ga.App. 585 (Ga. App. 2011) (equal access doctrine governs possession inferences)
- Davis v. State, 272 Ga.App. 33 (Ga. App. 2005) (presumption of possession not rebutted by unchecked alternative theories)
- Baker v. State, 306 Ga.App. 99 (Ga. App. 2010) (consent to search during valid traffic stop permissible)