Copeland v. State
327 Ga. App. 520
Ga. Ct. App.2014Background
- Three individuals found in Copeland's residence during a warrant execution, including a co-defendant and a child; a box of ammunition, multiple cell phones, a handgun, marijuana, and other items linking Copeland to the scene were recovered.
- Surveillance evidence showed Copeland resided at the Armstead Circle property and regularly used the residence; he fled when officers announced themselves.
- The property had unusual utility usage and a lack of authorized service, supporting a knock-and-announce search warrant.
- Cell phone messages and other corroborating items tied Copeland to contraband and to the location, while the timing of a warning before execution suggested concealment.
- The jury convicted Copeland of possession of marijuana more than an ounce, possession with intent to distribute, possession of a firearm during a crime, and reckless conduct; Copeland challenged evidentiary, trial strategy, and credibility-related aspects on appeal, which the court rejected.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for constructive possession | Copeland | Copeland | Evidence supported constructive possession beyond reasonable doubt |
| Courts' review of general grounds for new trial | Copeland | Copeland | Trial court did not err; properly acted as thirteenth juror |
| Ineffective assistance of counsel | Copeland | Copeland | No reversible error; performance not deficient under standard |
| Admission of general police practices testimony | Copeland | Copeland | Admissible; not a misused trial-by-dossier scenario |
| Equal access instruction not erroneous | Copeland | Copeland | Instruction correct; not ineffective assistance to fail to object |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard: rational juror could find elements beyond reasonable doubt)
- Rankin v. State, 278 Ga. 704 (Ga. 2004) (standard for sufficiency review in Georgia)
- Vines v. State, 296 Ga. App. 543 (Ga. App. 2009) (constructive possession framework and sufficiency analysis)
- Mangum v. State, 308 Ga. App. 84 (Ga. App. 2011) (equal access presumption and jury resolution)
- Walker v. State, 292 Ga. 262 (Ga. 2013) (general grounds review; thirteenth juror discretion)
- White v. State, 293 Ga. 523 (Ga. 2013) (reviewing discretion in weighing evidence on new trial)
- Choisnet v. State, 292 Ga. 860 (Ga. 2013) (charges; credibility and standard-of-review considerations)
- Manuel v. State, 289 Ga. 383 (Ga. 2011) (precedent on general grounds and discretion)
- Alvelo v. State, 288 Ga. 437 (Ga. 2011) (credibility and weighing evidence on new trial)
- Gee v. State, 130 Ga. App. 634 (Ga. App. 1974) (plural-defendants equal access instruction precedent)
- Teague v. State, 252 Ga. 534 (Ga. 1984) (limits of background evidence and trial testimony)
- Foster v. State, 314 Ga. App. 642 (Ga. App. 2012) (limits on background evidence in trial)