Coney v. State
316 Ga. App. 303
Ga. Ct. App.2012Background
- Coney was convicted of cocaine trafficking after an out-of-time appeal from the trial court's ruling.
- A February 28, 2007 incident led to Coney being detained and searched after a dispatcher reported an outstanding Henry County warrant.
- The search produced cash and over 31 grams of cocaine; later, the Henry County warrant was allegedly no longer outstanding.
- Arraignment occurred June 4, 2007, with Coney represented by counsel only later; on August 23, 2007, a motion to suppress was denied as untimely under a standing discovery rule.
- Coney was convicted of cocaine trafficking and sentenced to 30 years; his motion for new trial was denied.
- The court addressed whether lack of counsel at arraignment and alleged ineffective assistance affected the outcome, ultimately concluding any error was harmless.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for trafficking | Coney | State | Record supports trafficking conviction |
| Harms of lack of counsel at arraignment | Coney | State | Harmless error; no prejudice shown |
| Ineffective assistance for failure to file suppress motion | Coney | State | No prejudice; suppression would not likely succeed |
| Lawfulness of arrest and search based on warrant information | Coney | State | Probable cause to arrest and search supported; admissible evidence |
| Prejudice from failure to interview witnesses or review evidence | Coney | State | No showing of prejudice; insufficient to overturn conviction |
Key Cases Cited
- Reese v. State, 270 Ga. App. 522 (Ga. App. 2004) (standard of review: view evidence in light most favorable to verdict)
- Jackson v. Virginia, 443 U.S. 307 (Sup. Ct. 1979) (sufficiency of evidence standard for criminal conviction)
- State v. Evans, 265 Ga. 332 (Ga. 1995) (USCR 33 mandatory; arraignment procedures)
- Dixon v. Hopper, 237 Ga. 811 (Ga. 1976) (harmless-error standard for lack of counsel at critical stages)
- Bache v. State, 208 Ga. App. 591 (Ga. App. 1993) (prejudice required to support ineffectiveness when motion to suppress would not have changed outcome)
- Richardson v. State, 276 Ga. 548 (Ga. 2003) (strong showing required that suppress motion would have been meritorious)
- Suggs v. State, 272 Ga. 85 (Ga. 2000) (ineffective assistance standard; mixed question of law and fact)
- Harvey v. State, 266 Ga. 671 (Ga. 1996) (probable cause required for arrest to justify search incident to arrest)
- Howard v. State, 273 Ga. App. 667 (Ga. App. 2005) (radio-confirmed warrant can establish probable cause to arrest)
- Ledford v. State, 247 Ga. App. 885 (Ga. App. 2001) (harmless error analysis where lack of counsel at arraignment is not shown to be prejudicial)
- Quinn v. State, 268 Ga. 70 (Ga. 1997) (facts supporting probable cause to search can negate need for suppression)
- Smith v. State, 214 Ga. App. 631 (Ga. App. 1994) (abandoned arguments lack of record support)