Singletary v. State
310 Ga. App. 570
Ga. Ct. App.2011Background
- On January 4, 2010, Singletary, a Hall County jail inmate, fought another inmate, Eccles, in a communal pod area
- Officers responded, commanded them to stop, but the fight continued and Singletary resisted arrest
- Singletary was subdued with a taser, handcuffs, and leg shackles after his obscenities toward officers
- The State charged Singletary with felony obstruction, battery, and affray; he was convicted of misdemeanor obstruction and affray
- Appeal focuses on affray conviction, arguing jail is not a public place under OCGA §16-1-3(15) and §16-11-32
- Court reverses affray conviction and remands for resentencing, holding jail is not a public place for affray under current statutory construction
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether jail is a public place for affray | Singletary | State | Affirmative: jail is not a public place for affray under the statute |
Key Cases Cited
- Collins v. State, 191 Ga.App. 289, 381 S.E.2d 430 (1989) (whether act in a public place is a jury question)
- Greene v. State, 191 Ga.App. 149, 381 S.E.2d 310 (1989) (public place is a jury question)
- Clark v. State, 169 Ga.App. 535, 313 S.E.2d 748 (1984) (public place = jury question)
- Harris v. State, 286 Ga. 245, 686 S.E.2d 777 (2009) (interpretation of 'public place' in statutory scheme)
- Tooke v. State, 4 Ga. App. 495, 61 S.E. 917 (1908) (early analysis of public place doctrine)
- Favors v. State, 104 Ga.App. 854, 123 S.E.2d 207 (1961) (public intoxication/public place considerations)
- Gamble v. State, 113 Ga. 701, 39 S.E. 301 (1901) (reversal when essential element missing for public place)
- Berry v. City of East Point, 277 Ga.App. 649, 627 S.E.2d 391 (2006) (later-enacted provision governs over general provision)