Flemister v. State
317 Ga. App. 749
| Ga. Ct. App. | 2012Background
- Flemister was convicted by a jury of possession of cocaine, possession of marijuana with intent to distribute, and possession of a firearm during a crime; he appealed the denial of a motion for new trial; claims include insufficiency of the marijuana-with-intent-to-distribute evidence, Miranda violation regarding a jacket request, and hearsay linking to the residence; trial counsel alleged ineffective assistance in several respects; the appellate court affirmed.
- Special narcotics task force executed a warrant at a residence suspected of drug sales on Nov. 16, 2002, with Flemister’s car observed at the scene beforehand and the lieutenant briefing agents on Flemister and his car; Flemister allegedly resided at the residence.
- Upon entering the residence, officers found crack cocaine residue, paraphernalia, and bags used for packaging drugs; a fight ensued over Flemister’s car as he drove away, discarding marijuana; a gun and cocaine were found in the car; documents found at the residence tied Flemister to the residence.
- The lieutenant testified to Flemister’s jacket request occurring before Miranda warnings; Flemister testified he did not live there; the State’s experts testified to drug testing results; Flemister was convicted on cocaine and marijuana counts but acquitted of cocaine-with-intent-to-distribute; an evidentiary hearing followed on ineffective assistance claims.
- The court alternatively held that the marijuana-with-intent-to-distribute evidence was sufficient to support the verdict.
- The State contends that the jacket statement could be admitted for impeachment if Miranda violation occurred, but the court found the jacket inquiry non-custodial; the trial court’s ruling on this evidentiary issue was upheld.
- Hearsay testimony about prior briefing of agents by the lieutenant was deemed waived due to defense failure to object; appellate review on that point was not available.
- Ineffective assistance claims were rejected in parts (a)-(e), with the court concluding trial strategy and the strength of other evidence supported the decisions; the new trial court’s findings were affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for possession with intent to distribute | Flemister | Flemister | Sufficient evidence established intent to distribute |
| Admissibility of jacket request under Miranda | Flemister | Flemister | Not custodial interrogation; admissible |
| Admissibility of lieutenant’s pre-warrant briefing as hearsay | Flemister | Flemister | Waived; no appellate review on this point |
| Ineffective assistance of counsel claims | Flemister | Flemister | No reversible error; strategic decisions and strong corroborating evidence support denial of relief |
Key Cases Cited
- Jackson v. State, 314 Ga. App. 272 (2012) (standard for reviewing sufficiency of evidence; defer to jury verdict)
- State v. Billings, 303 Ga. App. 419 (2010) (Miranda warnings and admissibility of statements)
- Velazquez v. State, 282 Ga. 871 (2008) (totality of circumstances determine custodial interrogation)
- Franks v. State, 268 Ga. 238 (1997) (totality-of-circumstances test for interrogation)
- Gray v. State, 254 Ga. App. 487 (2002) (whether discarded contraband remains admissible despite lack of suspicion)
- Martinez v. State, 303 Ga. App. 166 (2010) (ineffective assistance standards under Strickland)
- Brown v. State, 288 Ga. 902 (2011) (presumption of trial strategy in counsel’s decisions)
- Tyner v. State, 313 Ga. App. 557 (2012) (strategic decisions not to object typically valid)