Carey v. State

A DeKalb County jury found Phillip Carey guilty of two counts of disorderly conduct. On appeal, Carey claims that the trial court erred in denying his motions to dismiss and in arrest of judgment because the accusation was fatally defective. Carey also contends that the evidence was insufficient to support a conviction; that the state improperly put his character into issue; and that the trial court’s improper instruction of the jury requires a new trial. We find these claims to be without merit and affirm. Viewed in a light most favorable to support the verdict, the evidence shows that Officer Kenney of the DeKalb County Police was dispatched to check a 911 call. The radio operator told Kenney that the caller claimed that the caller’s mother was possessed by 18 demons, and that the caller “was now going to liberate her from those demons.” After Kenney arrived at the address he knocked on the front door for about five minutes, during which time Officer Cummings and Officer Watson arrived in a second patrol car. Just after the arrival of the two additional officers, an agitated and “wild eyed” Carey opened the door. Kenney asked Carey, who was dressed only in a pair of boxer shorts, to step outside.

Kenney explained that the police had received a call from this location, and that he wanted to make sure that Carey’s mother was okay. Carey told Kenney that Carey’s mother was not inside. When Kenney asked if he could go inside to check and make sure Carey’s mother was okay, Carey refused and became agitated and informed Kenney that Rottweilers would attack if he tried to go inside.