Glenn v. State
288 Ga. 462
| Ga. | 2011Background
- Glenn was convicted and sentenced to two consecutive life terms for malice murder and feticide related to the death of Misty Johnson and her four-month gestation fetus.
- Johnson's body was found in a dumpster; head encased in a plastic bag with a rope around the neck; cause of death asphyxia from manual strangulation, with blunt-force trauma as a contributing factor.
- DNA evidence linked blood on the headboard, defendant’s boots, and a napkin to the victim, and mixed DNA found in the vaginal area.
- The victim’s roommate testified about a sexual relationship with Glenn and that the fetus’s father might be Glenn; she described a late-night call and the victim’s planned meeting with Glenn.
- Ten search warrants were issued based on a detective’s affidavit that included custodial statements by Glenn; the state conceded those custodial statements were suppressible.
- The trial court ruled the remaining affidavit contents could support probable cause, and the appellate court affirmed after addressing suppression and hearsay issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause after excluding custodial statements | Glenn; the warrants fail without custodial statements | State contends remaining affidavit suffices for probable cause | Probable cause supported by reconstituted affidavit; warrant valid under Palmer |
| Hearsay testimony about paternity under necessity exception | Hearsay was essential due to unavailable declarant | Testimony lacked sufficient guarantees of trustworthiness or necessity | Admission deemed harmless error; no reversible impact established |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency review for reasonable juror standard)
- State v. Palmer, 285 Ga. 75 (Ga. 2009) (probable cause in warrant applications after excluding illegally obtained material)
- Carter v. State, 283 Ga. 76 (Ga. 2008) (reexamine affidavit for probable cause post-exclusion)
- Rothfuss v. State, 160 Ga. App. 863 (Ga. App. 1982) (application of suppression standards)
- Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (probable cause standard in totality-of-the-circumstances)
- Huff v. State, 258 Ga. 108 (Ga. 1988) (harmless error in suppression context)
- Sultan v. State, 289 Ga. App. 405 (Ga. App. 2008) (harmless error/record review in suppression)
- Watson v. State, 278 Ga. 763 (Ga. 2004) (necessity and trustworthiness in hearsay exception)
- Young v. State, 282 Ga. 735 (Ga. 2007) (motion to suppress must state facts; sufficient notice)