Stacey v. State
292 Ga. 838
| Ga. | 2013Background
- Stacey was convicted of malice murder, theft by receiving, possession of cocaine, and other crimes for a drug-related shooting.
- Police found crack cocaine and a stolen Ruger pistol in Stacey and DeDeaux’s shared bedroom, with cocaine near Stacey’s mattress.
- Stacey admitted the shooting but claimed self-defense.
- The pistol was reported stolen weeks before the murder; the gun and magazine were found near Stacey and DeDeaux, respectively.
- Stacey’s conviction on theft by receiving hinged on whether he knew the gun was stolen; the cocaine conviction rested on constructive possession.
- The record shows no explicit contemporaneous objections to certain trial-issues, affecting review of those points.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for possession of cocaine | Stacey had joint possession by residence; proximity alone is insufficient. | Knowledge of possession not shown; joint possession not proven. | Sufficient evidence to prove possession of cocaine. |
| Sufficiency of evidence for theft by receiving | Stacey knew the gun was stolen when used. | Finding a stolen gun found by chance does not prove knowledge of theft. | Insufficient evidence to sustain theft by receiving. |
| Batson claim for discriminatory jury strikes | State struck non-white jurors; prima facie showing of discrimination. | State provided race-neutral explanations for strikes. | Batson claim not proven; explanations sufficient. |
| Impeachment instructions at trial and plain error review | Juror impeachment instructions were improper/unwanted. | No objection raised; plain error test applied. | No plain error; charges did not affect outcome. |
| Jackson-Denno admission of statements and right to counsel | Requests for counsel were denied; rights violation. | Remark not a clear request for an attorney; rights understood. | Jackson-Denno ruling not clearly erroneous; admission upheld. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1981) (works standard for reviewing sufficiency of evidence)
- Brown v. State, 244 Ga. App. 440 (2000) (constructive possession by residence creates rebuttable presumption)
- Fyfe v. State, 305 Ga. App. 322 (2005) (presence in residence supports possession)
- Moody v. State, 232 Ga. App. 499 (1998) (circumstantial evidence of constructive possession includes nearby weapons)
- Rainy v. State, 307 Ga. App. 467 (2010) (knowledge of stolen property can be inferred from circumstances)