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Glenn v. State
308 Ga. 310
Ga.
2020
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Background

  • Night of April 28–29, 2016: Quintieria Knight was last seen leaving work; her running car was later found with Knight dead from multiple gunshot wounds in the driver’s seat.
  • Surveillance and GPS: GPS on Knight’s car showed it stopped at Highway 27 and Zorn Road; store video placed Demarquis Glenn near the car and later wearing a black drawstring bag as he entered a cousin’s car.
  • Investigation and search: After interviews, police obtained a warrant to search Glenn’s residence; they seized a Hi-Point 9mm pistol and 9mm ammunition.
  • Ballistics: Forensic testing linked bullets and casings from the crime scene and the victim to the gun seized at Glenn’s home; transaction records showed Glenn purchased the pistol in 2014.
  • Trial and verdict: Glenn was indicted, tried on counts related to Knight’s death (malice murder, felony murder predicated on aggravated assault, aggravated assault, and possession of a firearm during a felony), convicted on all counts, and sentenced to life without parole plus five years.
  • Appeal issue and procedural defect: Glenn appealed the denial of his motion to suppress the search warrant affidavit as insufficient. The suppression hearing transcript and written order were not in the appellate record because the motion was litigated under the first indictment and Glenn appealed under a later indictment; the Court held there was nothing to review and affirmed.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the affidavit supporting the search warrant established a reasonable probability that evidence would be at Glenn’s home (i.e., whether suppression should have been granted) Affidavit failed to show probable location of evidence at his residence The record of the suppression ruling was not before the appellate court because the motion was decided under the earlier indictment and not incorporated into the operative (second) indictment Affirmed: appellate court could not review suppression ruling because appellant failed to ensure the suppression hearing transcript/order were in the record under the operative indictment; no review for abuse of discretion

Key Cases Cited

  • Jackson v. Virginia, 443 U.S. 307 (establishes standard for sufficiency of the evidence review)
  • Malcolm v. State, 263 Ga. 369 (rule on merger/vacatur of overlapping counts for sentencing)
  • Jordan v. State, 303 Ga. 709 (standard of review for suppression rulings: abuse of discretion)
  • Banks v. State, 251 Ga. App. 421 (prior motions decided under earlier indictments are not automatically part of the record for a later indictment absent incorporation)
  • Johnson v. State, 296 Ga. 504 (appellant bears burden to ensure the appellate record is complete)
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Case Details

Case Name: Glenn v. State
Court Name: Supreme Court of Georgia
Date Published: Mar 13, 2020
Citation: 308 Ga. 310
Docket Number: S20A0058
Court Abbreviation: Ga.