Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Mays v. State

Court of Appeals of Georgia, Fourth Division

June 25, 2019

MAYS
v.
THE STATE

          DOYLE, P. J., COOMER and MARKLE, JJ.

          Coomer, Judge.

         After a jury trial, Hope Nicole Mays was convicted of three misdemeanor offenses: disorderly conduct, obstruction of a law enforcement officer, and simple battery on a police officer. On appeal, she argues that the trial court erred in denying her motion for a directed verdict on her disorderly conduct charge and that the trial court also erred by excluding evidence of a voicemail that she left on her stepmother's phone. We agree with Mays that the trial court should have granted her motion for directed verdict on disorderly conduct, and reverse that conviction. We affirm her remaining convictions.

         Viewed in the light most favorable to the verdict, the evidence showed that on May 16, 2017, Mays was admitted to the emergency room after complaining of pain. She was given medication and slept for approximately four hours. Around 2:00 a.m., Mays's attending nurse informed her that she would be discharged. Upon learning she was going to be released, Mays became irate and verbally abusive towards the nurse. She then tore the blood pressure cuff off her arm. She also ripped out her IV and threw it at the nurse, striking him in the leg and splattering blood on the door.

         Police were dispatched to the hospital and found Mays outside on a curb. At that time, Mays was in an excited state. She was talking rapidly and yelling racial slurs at the officers. At some point, officers decided to arrest her. They directed her multiple times to stand up and she refused. Officers then grabbed her by the arms in order to stand her up and place her in handcuffs. As they did so, Mays attempted to pull away from the officers. After they finally placed her in handcuffs, Mays kicked one of the officers. They eventually subdued her and placed her in the patrol car.

         Mays was charged with disorderly conduct, obstruction of a law enforcement officer, and simple battery on a law enforcement officer. The jury convicted her on all charges and this appeal followed.[1]

         1. As an initial matter, we note that Mays filed her brief late and the State moved to dismiss the appeal. Rule 23(a) of this Court provides that the failure to file briefs within the time allowed "may result in the dismissal of the appeal. . . ." (emphasis supplied). Although we do not condone Mays's failure to timely file her appellate brief, "this Court is not required to refuse to consider an untimely brief nor hold the late-filing party in contempt." Roberson v. State, 335 Ga.App. 606, 607 n.1 (782 S.E.2d 671) (2016). Despite Mays's late filing, we deny the State's motion to dismiss and will consider her appeal. See Carter v. State, 267 Ga.App. 520, 520 n.1 (600 S.E.2d 637) (2004) (The defendant's "motion to dismiss the State's brief as untimely and to hold the State in contempt is . . . denied.").

         2. In her first enumeration, Mays argues that the trial court erred in denying her motion for directed verdict because the State's evidence showed that the medical equipment at risk of being damaged from her actions belonged to the hospital, and not the nurse. We agree with Mays that the State failed to prove each element of the offense.

The standard of review for the denial of a motion for a directed verdict of acquittal is the same as for determining the sufficiency of the evidence to support a conviction: the evidence must be sufficient for a rational trier of fact to find beyond a reasonable doubt that the defendant was guilty of the charged offense.

Hughes v. State, 297 Ga.App. 217, 217 (676 S.E.2d 852) (2009) (footnote omitted).

         Mays was charged with violating OCGA § 16-11-39 (a) (2), which provides that "[a] person commits the offense of disorderly conduct when such person . . . [a]cts in a violent or tumultuous manner towards another person whereby the property of such person is placed in danger of being damaged or destroyed."

         In count 1 of the accusation, the State alleged that Mays:

did act in a violent and tumultuous manner towards another person, to wit: [attending nurse], whereby the property of another person, to wit: medical equipment, was placed in danger of being damaged, contrary to the laws of said State, the good order, peace and dignity thereof.[2]

         Mays argues that under the statute and the indictment, the State was required to show that the medical equipment at risk of being damaged was owned by the nurse, and that the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.