Brown v. State
311 Ga. App. 405
| Ga. Ct. App. | 2011Background
- Brown was convicted by a Morgan County jury of possession of cocaine with intent to distribute.
- Police stopped Brown on I-20 for following too closely, no seat belt, and expired tag; officer smelled marijuana and observed remnants in the car.
- Brown claimed not to have smoked but admitted friends might have in his car; he could not provide trip details.
- Officer searched the car under the automobile exception and found 1.976 kilograms of cocaine in the trunk; Brown admitted knowledge of the cocaine.
- Brown’s counsel filed a preliminary suppressi on motion in 2007 and an amended motion in 2009; the trial court ruled the amended motion was waived as untimely; appellate counsel later raised ineffective assistance of counsel as to the delay.
- Court affirmed the conviction, holding the evidence was sufficient and Brown failed to show prejudice from counsel’s late amended motion to suppress; the search was valid under the automobile exception.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the evidence sufficient to convict under Jackson v. Virginia? | Brown did not challenge sufficiency; argue evidence suffices. | Brown argues insufficiency due to suppressed evidence. | Yes; evidence sufficient to sustain the conviction. |
| Did trial counsel's failure to timely file the amended motion to suppress prejudice Brown? | Late filing prejudiced case; suppression would have altered outcome. | No prejudice; the motion would not likely have been granted. | No reversible prejudice; ineffective assistance claim fails. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency standard for jury verdicts under 4th/14th Amendments)
- Maryland v. Dyson, 527 U.S. 465 (1999) (automobile exception to warrant requirement)
- Martinez v. State, 303 Ga.App. 166 (2010) (Georgia automobile search standards; probable cause context)
- Autry v. State, 277 Ga.App. 305 (2006) (automobile exception scope; containers may be searched)
- Fernandez v. State, 275 Ga.App. 151 (2005) (circumstances supporting probable cause during traffic stop)