Rockholt v. State
291 Ga. 85
| Ga. | 2012Background
- October 28, 2005: Mark Pickett, with his 6-year-old son and 13-year-old daughter, was shot after confronting a driver who tailgated his pickup following a school festival.
- November 8, 2005: Detectives locate Lance at a Tennessee residence; a .22 Beretta handgun is found under a sofa cushion where Rockholt sat.
- Leah Hird, Rockholt's girlfriend, witnessed the shooting and told officers she was in the car with him.
- Rockholt admitted to police, after Miranda, that he shot Pickett; witnesses testified he casually mentioned shooting in front of his children.
- A jury convicted Rockholt of malice murder and possession of a firearm during a felony; he received life imprisonment plus a consecutive five-year term.
- Rockholt challenged suppression of the pistol and argued the evidence was insufficient; the trial court admitted the pistol and denied suppression.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for malice murder and weapons charge | Rockholt contends the evidence is largely circumstantial. | State contends direct evidence and confession establish guilt beyond reasonable doubt. | Sufficiency supported; evidence included eyewitness shooter testimony, confession, and corroborating firearm linkage. |
| admissibility of the .22 pistol obtained at Tennessee residence | Motion to suppress failed to specify items, and no ruling on pistol suppression. | Homeowner consent validated search; voluntary presence lacked objection; fruits not suppressed. | Waived/benign; consent proper and admissible; suppression not warranted. |
Key Cases Cited
- Kier v. State, 292 Ga.App. 208, 663 S.E.2d 832 (2008) (circumstantial evidence standard; excludes alternative hypotheses on appeal)
- Stubbs v. State, 265 Ga. 883, 463 S.E.2d 686 (1995) (distinguishes direct vs circumstantial evidence for verdicts)
- Carswell v. State, 268 Ga. 531, 491 S.E.2d 343 (1997) (confession corroboration sustains a conviction)
- Jackson v. Virginia, 443 U.S. 307, 99 S. Ct. 2781, 61 L. Ed. 2d 560 (1979) (sufficiency standard for evidence to support a verdict)
- Brown v. State, 288 Ga. 404, 703 S.E.2d 624 (2010) (consent to search by homeowner supports admissibility)
- Burke v. State, 302 Ga.App. 469, 691 S.E.2d 314 (2010) (search authority and consent considerations)
- Castillo v. State, 281 Ga. 579, 642 S.E.2d 8 (2007) (waiver when no objection to evidence)