Legal Opinion · Dissent

MCKIE v. the STATE.

Court of Appeals of Georgia

Decided March 9, 2018No. A17A1443Published

1DissentMcFadden, Presiding Judge

Because the evidence is legally insufficient to support McKie's conviction for possession of a firearm by a convicted felon, I respectfully dissent. A guilty plea was the only evidence the state introduced that McKie was a convicted felon. While this plea was circumstantial evidence of a conviction, it does not exclude "every other reasonable hypothesis." OCGA § 24-14-6. And closing arguments are not evidence. So McKie's conviction must be reversed.

1. Guilty plea.

The only evidence the state introduced relevant to the issue of whether McKie was a convicted felon is a copy of a document…

2Cases cited10 opinions

  1. Kovacs v. StateCourt of Appeals of Georgia · 1997
  2. Walker v. StateSupreme Court of Georgia · 2006
  3. Brantley v. StateSupreme Court of Georgia · 2000
  4. Krull v. StateCourt of Appeals of Georgia · 1993
  5. Smith v. StateSupreme Court of Georgia · 2007

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API