Bass v. State
309 Ga. App. 601
Ga. Ct. App.2011Background
- Bass was found guilty by Crisp County jury of possession of marijuana with intent to distribute and of possession within 1,000 feet of a housing project.
- A police officer testified finding four bags of marijuana totaling about 92.3 grams and a money bag with approximately $2,300 in Bass's truck.
- Defense witnesses testified Bass did not drive the truck and described the arrest scene differently; a rebuttal witness offered a contrary, later-destroyed statement.
- The State presented testimony about the odor of marijuana, the arrest, and the search, which the defense cross-examined.
- Bass challenged the sufficiency of the evidence, claimed perjury by officers, and raised ineffective assistance of counsel; he also sought a continuance of the motion-for-new-trial hearing.
- The trial court denied Bass’s requests; the appellate court affirmed the convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Bass argues the evidence was uncorroborated and contradicted by defense witnesses. | Bass contends the State failed to prove marijuana and distribution beyond a reasonable doubt. | Evidence supported conviction beyond a reasonable doubt. |
| Perjury and prosecutorial misconduct | Bass asserts officers gave perjured testimony at the prosecution's behest. | Bass claims the State knowingly used perjured testimony to secure conviction. | No affirmative evidence of perjury; the record shows effective cross-examination and no proven misconduct. |
| Ineffective assistance of trial counsel | Bass asserts counsel failed to suppress evidence, failed to object, and failed to call experts. | Bass contends trial counsel acted unreasonably, with various deficiencies. | Counsel's actions were strategic and within the reasonable professional conduct; no ineffective assistance shown. |
| Continuance for missing trial transcript | Bass sought a second continuance to obtain missing transcript portions for new-trial motion. | Bass argues the court abused its discretion by denying the continuance. | Bass abandoned the argument by not providing supporting authority or argument. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court, 1979) (sufficient evidence standard for criminal convictions)
- Burgess v. State, 276 Ga. 185 (Ga. Supreme Court, 2003) (jury credibility determinations control weight of conflicting testimony)
- Lawson v. State, 155 Ga.App. 704 (Ga. App. 1980) (jury may credit State witnesses over defense witnesses)
- Hammontree v. State, 283 Ga.App. 736 (Ga. App. 2007) (one witness can prove a fact; weight and credibility for jury)
- Madge v. State, 245 Ga.App. 848 (Ga. App. 2000) (judge determines weight and credibility of evidence, not rule on expert status)
- Robinson v. State, 277 Ga. 75 (Ga. Supreme Court, 2003) (ineffective assistance standard; strong presumption of reasonable conduct)
- Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court, 1984) (defendant must show deficient performance and prejudice)
- Jones v. State, 279 Ga. 854 (Ga. 2005) (difficult to overcome presumption of reasonable counsel when not testifying)
- Moreland v. State, 263 Ga.App. 585 (Ga. App. 2003) (trial tactics are strategic decisions within professional conduct)
- Nichols v. State, 281 Ga. 483 (Ga. 2007) (trial strategy decisions fall within the realm of professional conduct)