State v. Prescott
290 Ga. 528
Ga.2012Background
- Prescott was convicted of child molestation for an incident in Screven County High School’s restroom.
- The State failed to introduce direct venue evidence placing the crime in Screven County at trial.
- Court of Appeals reversed, relying on Thompson v. Brown to require county-specific venue proof if the city spans multiple counties.
- This Court held that venue must be proven beyond a reasonable doubt, but inferred venue from surrounding facts could be sufficient in some circumstances.
- The State presented factors beyond the location: crime occurred in a county school, an official investigation by a county sheriff’s office, and Miranda waiver forms on county forms.
- The Court concluded the State proved venue beyond a reasonable doubt in Screven County and reversed the appellate judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether venue was proven beyond a reasonable doubt | Prescott | Prescott | Venue proven beyond a reasonable doubt |
| Whether inference from crime location in a county school suffices for venue | State argues reasonable inference supports venue | State must prove venue beyond doubt with location facts | Inference adequate to establish venue beyond reasonable doubt |
| What additional factors can establish venue beyond mere location evidence | Public office affiliation and forms support venue | Basic location evidence suffices if clearly tied to county | Evidence of investigation by county officer and Miranda forms supports venue |
Key Cases Cited
- Thompson v. Brown, 288 Ga. 855 (Ga. 2011) (reality of venue inference when city spans counties)
- Jones v. State, 272 Ga. 900 (Ga. 2000) (venue insufficient when crime investigated by officers spanning counties)
- Graham v. State, 275 Ga. 290 (Ga. 2002) (proving crime occurred in city without city entirely within a county does not prove venue)
- Chapman v. State, 275 Ga. 314 (Ga. 2002) (public employees’ jurisdiction considerations in venue)
- Kimble v. State, 301 Ga. App. 237 (Ga. Ct. App. 2009) (Miranda forms used as evidence related to venue)
- Brinson v. State, 289 Ga. 150 (Ga. 2011) (multiple venue indicators can establish venue beyond doubt)
- In the Interest of B. R., 289 Ga. App. 6 (Ga. Ct. App. 2007) (insufficient venue evidence when only county of employment shown)
- In the Interest of A. C., 263 Ga. App. 44 (Ga. Ct. App. 2003) (adjudication reversal where venue not proven)