Durham v. State
309 Ga. App. 444
Ga. Ct. App.2011Background
- Special Investigations Unit used confidential informants to buy cocaine in Newton County; Aundray Hardeman acted as informant.
- Hardeman wore recording equipment, received $100 per buy, and used a photocopied $20 bill to purchase crack from Durham on Feb. 22, 2008.
- Durham received the crack cocaine from either Durham or another man (Kevin Banks) and Hardeman handed over the drug and the video/audio equipment was logged.
- On March 7, 2008, Hardeman met Durham outside his home; Durham obtained cocaine from another man and exchanged a $20 bill; the drugs were logged and later delivered to investigators.
- Durham was convicted by a Newton County jury of two counts of selling cocaine; he challenged admissibility, discovery, and counsel performance in a motion for new trial.
- Trial court rejected claims; court of appeals affirmed, finding no reversible error and noting admissible flight evidence and lack of material Brady violations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of unrelated arrest as flight evidence | Durham argues admission prejudiced trial by linking to a separate arrest. | State contends flight evidence admissible to show evasion and guilt, even if tied to another crime. | No error; flight evidence admissible and probative. |
| Brady material withholding regarding informant | Durham claims crucial informant files were withheld, violating Brady. | State argues no withheld exculpatory material; criminal history used in cross-examination. | No Brady violation; information disclosed and used; no prejudice shown. |
| Ineffective assistance for not suppressing video | Counsel should have moved to suppress video under OCGA § 16-11-62(2). | Even if video suppressed, audio and witness testimony suffice to support conviction. | No prejudice; admissible audio plus corroborating testimony supported conviction. |
Key Cases Cited
- Wright v. State, 302 Ga.App. 332 (Ga.App. 2010) (sufficiency of evidence and evidentiary standards in crime trials)
- Evans v. State, 288 Ga. 571 (Ga. 2011) (flight evidence admissible; evasion relevant to guilt)
- Lewis v. State, 269 Ga.App. 94 (Ga.App. 2004) (extraneous crime as flight evidence admissible)
- Allen v. State, 243 Ga.App. 730 (Ga.App. 2000) (flight evidence permissible; impact on verdict)
- Luke v. State, 232 Ga. 815 (Ga. 1974) (res gestae and admission of extraneous offenses)
- Felix v. State, 271 Ga. 534 (Ga. 1999) (mistrial and evidentiary disclosure standards)
- Welbon v. State, 278 Ga. 312 (Ga. 2004) (ineffective assistance and prejudice standard)
- Mims v. State, 301 Ga.App. 436 (Ga.App. 2009) (trialcourt evidentiary rulings reviewed on appeal)
- Collier v. State, 280 Ga. 148 (Ga. 2006) (harmless error and evidentiary rulings)
- Fetty v. State, 268 Ga. 365 (Ga. 1997) (contemporaneous corroboration and video/audio admissibility)