Able v. State
312 Ga. App. 252
| Ga. Ct. App. | 2011Background
- Able was convicted in Hall County of possession of marijuana with intent to distribute and possession of marijuana.
- The State relied on a controlled drug-buy context involving Howell and a CI to connect Able to the distribution plan.
- A insulated bag containing five five-gallon bags of marijuana was found on Howell after a traffic stop near a Publix in Hall County.
- Able accompanied Cathey on the trip; police smelled marijuana, but officers disagreed on odor testimony; no paperwork linked to drug sales was found on Cathey.
- Able challenged the sufficiency of the evidence and asserted errors in jury instructions and ineffective assistance of counsel.
- The trial court merged sentencing for related convictions, but Able sought a new trial due to erroneous jury instructions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of intent to distribute | Able contends no evidence proves intent to distribute. | State argues circumstantial evidence supports knowledge and intent. | Evidence sufficient for knowledge and intent to distribute. |
| Harmful jury-charge errors on mere association/presence | Able argues misstatements invited conviction on wrong theory. | State asserts instructions properly guided the jury. | Charge was harmful error; reversal required. |
| Deliberate ignorance instruction | Able challenges the deliberate ignorance instruction as misstate of law. | State contends instruction supported by some evidence. | Deliberate ignorance instruction was a misstatement of law; must be revised for retrial. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1989) (sufficiency standard for criminal evidence)
- Miller v. State, 273 Ga. 831 (Ga. 2001) (circumstantial evidence may prove intent)
- Eberhart v. State, 241 Ga. App. 164 (Ga. App. 1999) (circumstantial evidence and inference standards for intent)
- Williamson v. State, 300 Ga. App. 538 (Ga. App. 2009) (harmful error from erroneous deliberative-ignorance instruction)
- Perez-Castillo v. State, 257 Ga. App. 633 (Ga. App. 2002) (deliberate-ignorance instruction analyzed)
- Maddox v. State, 272 Ga. App. 440 (Ga. App. 2005) (deliberate-ignorance instruction – evolving law)
- Flexible Products Co. v. Ervast, 284 Ga. App. 178 (Ga. App. 2007) (conflicting instructions require new trial)
- Wood v. State, 300 Ga. App. 674 (Ga. App. 2009) (evidence and inferences on intent)
- Jordan v. State, 272 Ga. 395 (Ga. 2000) (party-to-a-crime standards and proof of intent)