317 Ga. App. 409
Ga. Ct. App.2012Background
- Coleman was convicted of selling marijuana on March 24, 2009 (Count 2).
- He appealed the trial court's denial of an amended motion for new trial.
- The appeal challenged a jury instruction on chain of custody.
- The appeal also challenged the trial court's responses to jury notes made outside Coleman’s presence.
- Evidence showed informant Carter purchased drugs from Coleman during a controlled operation, with video and biometric handling of drugs and packaging.
- Coleman was later found not guilty of Count 3 and a mistrial occurred on Count 1; Lengsfeld did not testify at trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Chain of custody instruction plain error | Coleman contends the charge was erroneous | State argues instruction accorded with law | No plain error found |
| Responses to jury notes outside presence | Coleman asserts error by addressing notes without him present | State and court consulted counsel; Coleman present and advised | No error found |
Key Cases Cited
- Lowery v. State, 290 Ga. 29 (Ga. 2011) (right to presence at proceedings related to jury questions; standard for critical stages of proceedings)
- State v. Kelly, 282 Ga. 68 (Ga. 2007) (waiver of appellate review by failure to voice objection regarding jury communication)
- Hurst v. State, 285 Ga. 294 (Ga. 2009) (prescribed standards for procedural objections)