Brown v. State
314 Ga. App. 212
Ga. Ct. App.2012Background
- Brown was convicted of possession of cocaine; suppression and sufficiency challenges were raised on appeal.
- On October 10, 2007, a Safe Streets Task Force observation led to Brown being pursued, tackled, and arrested after fleeing a yard.
- A glass pipe, apparently a crack pipe and found near Brown, was dry and tested positive for cocaine residue.
- Brown moved to suppress the pipe as the fruit of an illegal arrest; the trial court denied the motion and a bench trial followed with a guilty verdict on possession.
- On appeal, Brown did not preserve the suppression issue because he aided admission of the pipe at trial as part of a prosecutorial strategy.
- The court upheld the conviction, finding sufficient evidence of constructive possession beyond mere proximity, supported by the pipe's condition and prior similar-transaction evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preservation of the suppression claim | Brown | Brown | Suppression issue not preserved |
| Sufficiency of evidence for possession (constructive possession) | State | Brown | Evidence sufficient under Jackson v. Virginia |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (establishes standard for sufficiency of evidence)
- Thurmond v. State, 304 Ga.App. 587 (2010) (constructive possession requires more than proximity)
- Taylor v. State, 305 Ga.App. 748 (2010) (similar transaction evidence as part of circumstantial proof)
- Wright v. State, 302 Ga.App. 332 (2010) (recent placement of contraband can connect defendant to possession)
- Blackford v. State, 251 Ga. App. 324 (2001) (waiver of suppression issues through trial strategy)
- Carreno v. State, 272 Ga.App. 229 (2010) (waiver rule for suppression when defendant coparticipates)
- Kellogg v. State, 233 Ga.App. 817 (1998) (rule against appealing conceded evidentiary rulings)