Brown v. State
307 Ga. App. 99
| Ga. Ct. App. | 2010Background
- Probation officer Braden visited Brown's residence on January 11, 2008; Brown was alone at the home.
- Brown requested to use the restroom; search uncovered scales in the toilet tank, identified as narcotics scales by another officer.
- Investigator Al Kelly uncovered large quantities of crack cocaine in the trash; a surveillance system monitored the home; $3,542 in currency was found on Brown.
- Brown testified he resided at the house for about five years, but the home was owned by his grandmother and he did not contend others resided there.
- Brown claimed others had access to the location; he was charged with trafficking cocaine and possession of tools for a crime.
- The jury convicted Brown; the court admitted various evidentiary items and addressed several defense and trial-management challenges on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for possession | Brown lacked exclusive control; others had access to the home. | Equal access negates constructive possession of contraband found on premises. | Evidence supported constructive possession; not insubstantial as a matter of law. |
| Effect of probation status and prior conviction evidence | Probation status and prior conviction were properly part of res gestae and admissible. | Unfair prejudice or improper character evidence; required hearings under USCR 31.3. | Probation status admissible as res gestae; prior conviction issue remanded for USCR 31.3(B) hearing; admissibility potentially upheld pending hearing. |
| Recusal and juror-employee concerns | Judge should have recused due to prior involvement with Brown; juror employed by sheriff's department should have been dismissed. | No automatic sua sponte recusal; lack of record evidence of bias; ineffective assistance claim unsupported. | No reversible error found; absence of clear bias or record-supported recusal requirement; juror issue deemed without merit. |
| Admissibility of seized items and suppression | Probation search valid under Fourth Amendment waiver; evidence admissible. | Search may have been unconstitutional; counsel should have moved to suppress. | Search upheld under waiver; ineffective assistance claim rejected absent a strong showing that suppression would have been granted. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for review of sufficiency of evidence)
- Lott v. State, 303 Ga.App. 775 (Ga. App. 2010) (circumstantial evidence sufficiency framework)
- Turner v. State, 298 Ga.App. 107 (Ga. App. 2009) (sufficiency and res gestae considerations)
- Williams v. State, 261 Ga. 640 (Ga. 1991) (applying Williams/USCR 31.3 framework for similar-transaction evidence)
- White v. State, 213 Ga.App. 429 (Ga. App. 1994) (proof of admissibility of specific evidentiary issues; post-trial procedures)
- Jones v. State, 282 Ga.784 (Ga. 2007) (limits on Fourth Amendment analysis and admissibility)
- Peardon v. State, 287 Ga.App. 158 (Ga. App. 2007) (explaination of admissibility under probation search waivers)
- Hargrove v. State, 299 Ga.App. 27 (Ga. App. 2009) (recusal and bias standards for sua sponte actions)
- Wise v. State, 257 Ga.App. 211 (Ga. App. 2002) (ineffective assistance considerations for recusal decisions)
- Lemming v. State, 292 Ga.App. 138 (Ga. App. 2008) (judge's prior role and conflict considerations)
- Phillips v. State, 267 Ga.App. 733 (Ga. App. 2004) (recusal and impartiality considerations)