Barber v. State
317 Ga. App. 600
Ga. Ct. App.2012Background
- Barber was convicted by jury of possession of cocaine with intent to distribute.
- On appeal, Barber challenges suppression, ineffective assistance of counsel, and sufficiency of the evidence.
- A Newnan officer pursued Barber after he walked in the roadway and fled when approached.
- Barber dropped a large bag containing 19 small bags of cocaine while fleeing; the bag was recovered later.
- Barber was apprehended; $1,350 in cash was found on his person; police searched a tenant’s home Barber had entered and observed Barber exiting.
- The court held the abandoned cocaine admissible and found the stop conduct justified by reasonable suspicion; conviction and related rulings affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Suppression of the cocaine and money | Barber | Barber | Denied; admissible evidence |
| Ineffective assistance of counsel | Barber | Barber | Denied; no prejudice shown |
| Sufficiency of the evidence for intent to distribute | Barber | Barber | Sufficient evidence to support conviction |
| Reasonableness of Terry-like stop and frisk in second-tier encounter | Barber | Barber | Encounter justified by reasonable suspicion |
Key Cases Cited
- Crowley v. State, 267 Ga. App. 718 (2004) (analysis of encounters and searches under Fourth Amendment)
- State v. Burks, 240 Ga. App. 425 (1999) (probable cause and stop principles in Georgia appellate practice)
- Illinois v. Wardlow, 528 U.S. 119 (2000) (unprovoked flight as a factor in reasonable suspicion)
- Strickland v. Washington, 466 U.S. 668 (1984) (ineffective assistance standard)
- Phillips v. State, 285 Ga. 213 (2009) (guidance on expert testimony and circumstantial evidence)
- Grier v. State, 273 Ga. 363 (2001) (evidence of possession and distribution considerations)