Foster v. State
314 Ga. App. 642
| Ga. Ct. App. | 2012Background
- Police used a confidential informant with a microphone for a controlled drug purchase at a residence, leading to a search warrant for the house.
- During the execution of the warrant, occupants fled; Foster dropped a bag containing 105.98 g cocaine, 6.29 g ecstasy, and officers found $6,403 on Foster.
- Foster was charged with trafficking in cocaine and ecstasy and obstruction; a jury found him guilty of trafficking, ecstasy possession, and obstruction.
- Foster challenged the trial court for expressing opinions on what was proved under OCGA 17-8-57 via exhibit references to cocaine and ecstasy.
- The State sought to introduce the confidential informant’s statements as part of hearsay; the court denied the hearsay objection.
- The Court of Appeals affirmed Foster’s conviction, finding no reversible error based on the challenged OCGA 17-8-57 issues and noting the hearsay error was harmless.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the trial court’s conduct violating OCGA 17-8-57 by commenting on proved facts? | Foster argues the court intimated proofs of cocaine/ecstasy. | State contends comments were trial-management, not factual proof opinions. | No reversible error; comments were for trial administration and consistent with exhibits and indictment. |
| Did the trial court’s re-swearing question violate OCGA 17-8-57? | Foster claims the question endorsed witness credibility. | State asserts it was a neutral clarification. | No error; isolated, non-substantive inquiry to clarify testimony. |
| Did admitting hearsay from the confidential informant require reversal? | Hearsay about informant’s tip improperly explained police conduct. | State contends informant info was part of basis for warrant. | Error to overrule hearsay objection, but harmless given other admissible evidence and eyewitness testimony. |
| Was the hearsay error harmless beyond a reasonable doubt? | Hearsay influenced jury’s understanding of warrant basis. | Evidence showed house as drug venue independent of informant statements. | Yes, the error was harmless; other evidence supported verdict. |
Key Cases Cited
- Moore v. State, 301 Ga.App. 220 (2009) (explanation of OCGA 17-8-57; trial administration permitted)
- Nelson v. State, 305 Ga.App. 65 (2010) (uncontested facts may be assumed by court without error)
- Sauerwein v. State, 280 Ga. 438 (2006) (courts may recognize uncontested facts; avoid appearance of partiality)
- Weems v. State, 269 Ga. 577 (1998) (limits on admission and invocation of police conduct; trial unanimity required)
- Cooper v. State, 258 Ga.App. 825 (2002) (admissibility of informant information; necessity of testing officer conduct)