Cupe v. State, 327 Ga. App. 642

Cupe was convicted after a jury trial of burglary and robbery in Troup County; terroristic threats was not proven.
Fowler identified Cupe as the back-entry robber at a LaGrange mall, grabbing and fleeing with her pocketbook after a struggle.
Joseph’s Hogansville store burglary involved missing cash, documents, and valuables; Cupe frequented the store and was suspected.
Police conducted a knock-and-talk from Joseph’s residence toward Cupe’s home; they observed Cupe’s Buick containing two briefcases and Joseph’s documents.
A post-arrest statement by Cupe to Officer Smith included threats, and Cupe later provided inculpatory statements; warrants were obtained for Cupe’s car and residence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Suppression motion on plain view	Cupe: plainly viewed evidence obtained via unlawful initial intrusion	Cupe: plain view not permitted because initial entry violated Fourth Amendment	Denied; plain view exception applied
Severance of counts	Cupe: sever the burglary and robbery from terroristic threats	Cupe: severance mandatory due to prejudice	Denied; joinder permissible and severance discretionary not required
Jury instruction on circumstantial evidence	Cupe: standard for circumstantial proof should be charged sua sponte	Cupe: no error given mixed direct and circumstantial evidence	No error; court not required to sua sponte give OCGA 24-4-6 charge

Galbreath v. State, 213 Ga. App. 80 (1994) (plain view and admissibility within lawful vantage point)
O’Bryant, 219 Ga. App. 862 (1996) (entry onto private property for knock and talk; limits of curtilage)
Stewart v. State, 277 Ga. 138 (2003) (severance and joinder considerations for multiple offenses)
Galloway v. State, 178 Ga. App. 31 (1986) (approach to back door investigations and lawful access)
Redd v. State, 240 Ga. 753 (1978) (plain view and use of flashlight to see contents)