Blue v. State
350 Ga. App. 702
| Ga. Ct. App. | 2019Background
- Police used a confidential informant to conduct a controlled buy at a Lucky Street residence rented by Tessamena Walker within 72 hours before a search warrant was obtained; the informant met Derek Blue on the porch and entered and exited the house with him present for a few minutes.
- Officers executed a search warrant on August 4, 2011 (Blue was not present). They found 219 grams of cocaine in bedroom containers and a .38 revolver on a nightstand; digital scales (one with cocaine residue) and men’s clothing were also found.
- Walker was arrested at the search and later pled guilty; at trial she testified the drugs and gun were hers and that Blue did not live at her house.
- On August 7, 2011 deputies found Blue inside the house, arrested him, and seized a key to the Lucky Street house and $1,332 in cash; no drugs or paraphernalia were found on him.
- Blue testified (through his mother and photos) that he lived with his mother on Branch Street, worked at a restaurant, and only sometimes stayed at Walker’s house.
- Blue was convicted of trafficking in cocaine (>=200 grams) and possessing a firearm during the commission of a crime; he appealed claiming insufficiency of the evidence and other errors. The Court of Appeals reversed for insufficient evidence.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Blue) | Held |
|---|---|---|---|
| Sufficiency to prove joint constructive possession of >=200g cocaine | Blue was present during a controlled buy, left with the informant, had access to the house (key, clothes), large cash, and scales were in plain view | Evidence only showed occasional presence; no direct link to the drugs; informant did not testify; drugs were in Walker’s belongings | Reversed — evidence insufficient to prove Blue had power and intent to exercise dominion or control over the cocaine |
| Possession of firearm during commission of a crime (arm’s reach requirement) | Firearm in house during predicate drug crime and Blue had ties to the residence | No proof Blue possessed the cocaine or had immediate access to the firearm while committing the crime | Reversed — predicate drug possession not proven, so firearm conviction cannot stand |
| Credibility/weight of circumstantial evidence | Inferences from presence, money, key, and relationship support joint possession | Circumstantial evidence does not exclude reasonable hypotheses of Walker’s sole possession | Court held jury could not reasonably exclude alternative hypotheses; reversal required |
| Trial rulings (jury selection/witness testimony/ineffective assistance) | N/A (State defended rulings below) | Blue raised these errors on appeal | Not reached — disposition on insufficiency of evidence rendered further review unnecessary |
Key Cases Cited
- Lebis v. State, 302 Ga. 750 (constructive possession requires power and intent; circumstantial proof must exclude reasonable hypotheses)
- Taylor v. State, 349 Ga. App. 185 (standard for reviewing sufficiency of evidence on appeal)
- Wooten v. State, 348 Ga. App. 408 (power inferred from access; surrounding circumstances show intent)
- Vines v. State, 296 Ga. App. 543 (facts supporting constructive possession where defendant was within reach of contraband and contextual indicia)
- Jones v. State, 339 Ga. App. 95 (use of contemporaneous vehicle/apartment evidence to link defendant to drugs)
- Jackson v. State, 309 Ga. App. 24 (statute requires commission of the predicate felony as element of firearm-during-crime charge)