Carson v. State
314 Ga. App. 515
Ga. Ct. App.2012Background
- Carson was convicted by a jury of possession of a controlled substance with intent to distribute.
- Evidence arose from a shooting outside a lounge; Hills died from his injuries.
- Police executed a search warrant at Carson's residence during the murder investigation and found 11 crack cocaine pieces.
- Carson was charged with multiple offenses, including possession with intent to distribute.
- At trial, the court admitted evidence of a prior 1996 similar transaction; defense challenged suppression and sufficiency.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the suppression order proper? | Carson contends the warrant affidavit lacked probable cause due to a typographical shooter misidentification and omissions. | Carson argues the affidavit had material omissions and was insufficient for probable cause. | Affidavit's minor typographical error did not destroy probable cause; warrant valid. |
| Was the affidavit defective for omitting other suspects? | Omission of other suspects undermined probable cause. | Omitted information did not negate probable cause; the record supported probable cause. | Omission did not defeat probable cause; warrant valid. |
| Was the warrant functionally unconstitutionally general or stale or improper in neutrality? | Warrant lacked specificity and may have been stale; magistrate neutrality was questioned. | Warrant described items with sufficient specificity; information was not stale; magistrate acted neutrally. | Warrant was sufficiently particular, not stale, and issued by a neutral judge. |
| Was the trial court correct to admit the similar-transaction evidence? | 1996 conviction is too dissimilar to be probative and unfairly prejudicial. | Prior drug offense showed course of conduct and similarity of cocaine concealment. | Similar-transaction evidence properly admitted for limited purposes. |
| Was the evidence insufficient to convict given girlfriend's access to the drugs? | Girlfriend's access undermines inference of possession. | There is a presumption Carson possessed the contraband where he lived; jury could rebut. | Sufficient evidence supported possession with intent to distribute. |
Key Cases Cited
- Burden v. State, 290 Ga. App. 734 (2008) (re affirms standard for appellate review and suppression)
- Thomas v. State, 269 Ga. App. 116 (2004) (view evidence in light favorable to uphold judgment)
- Carlton v. State, 251 Ga. App. 339 (2001) (affidavit sufficient to identify premises; typo not material)
- Whitten v. State, 174 Ga. App. 867 (1985) (probable cause standard and substantial basis for probable cause)
- Daniels v. State, 306 Ga. App. 48 (2010) (suppression affidavit standards)
- Smith v. State, 274 Ga. App. 106 (2005) (jury instruction related to evidence)
- State v. Graddy, 262 Ga. App. 98 (2003) (staleness evaluation in search warrants)
- Lejeune, 277 Ga. 749 (2004) (non-perishable items mitigate stale information in warrants)
- Turner v. State, 298 Ga. App. 107 (2009) (evidence of prior acts admissible for identity and plan)
- Morrison v. State, 300 Ga. App. 405 (2009) (prior drug offense admissible for related drug offenses)