Glenn v. State
302 Ga. 276
| Ga. | 2017Background
- On Feb. 3, 2015, John Tanner was shot and killed at an Affordable Inn after an altercation and robbery; a .25-caliber casing was recovered but no gun.
- Surveillance video showed four men ransacking Tanner’s car; witnesses and an accomplice identified Deiron Glenn (aka “Uzi”) as one of the men and as the shooter; Calvin Glenn was also implicated.
- Police arrested Glenn at his sister’s apartment, executed a search warrant there, and seized an LG MS395 phone matching the empty box found in Tanner’s car.
- Trial evidence included lay witness identifications of Glenn from the poor-quality surveillance video, Kitchens’s statement implicating Glenn, and the phone; Glenn was convicted of malice murder and related offenses and sentenced to life plus consecutive term.
- On appeal Glenn raised four claims: (1) exclusion of lay identification testimony was required; (2) the search warrant lacked probable cause / nexus; (3) seizure and battery removal from the cell phone required a warrant; and (4) ineffective assistance for failing to redact gang-affiliation statements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of lay witness ID from video/photos | Witnesses were familiar with Glenn and thus their opinion ID was admissible under OCGA § 24-7-701 (and federal Rule 701 analogues). | Such lay identification based on surveillance photos/video is no better than jurors and should be excluded. | Admission proper: witnesses’ familiarity made them better than jurors to ID poor-quality video; no abuse of discretion. |
| Validity of search warrant (probable cause) | Affidavit showed IDs from video, accomplice statement implicating Glenn, and an arrest warrant — fair probability evidence would be found at sister’s apartment. | Affidavit failed to show probable cause that Glenn was the murderer; insufficient nexus between listed items and the apartment. | Warrant upheld: magistrate had a substantial basis for probable cause and sufficient nexus because Glenn resided at the searched location. |
| Seizure and inspection (battery removal) of LG phone | Phone was in plain view during a lawful search; officer had probable cause it was stolen and could seize and inspect (including battery removal) to check serial number. | Removing the battery to read the serial number was an independent warrantless search (Arizona v. Hicks). | Seizure and battery removal lawful: plain-view plus probable cause to believe phone was stolen made inspection reasonable. |
| Ineffective assistance for failure to redact gang references | N/A at trial (State did not raise); appellate record shows counsel did not redact Kitchens’s statements about Glenn’s gang name. | Claim was not preserved (not raised in amended motion for new trial); thus waived; even on merits insufficient for relief. | Claim not preserved and therefore not reviewed; conviction affirmed. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of evidence)
- United States v. Pierce, 136 F.3d 770 (11th Cir.) (lay witness ID of surveillance photos admissible when witness familiarity supports accuracy)
- Horton v. California, 496 U.S. 128 (plain-view seizure doctrine)
- Arizona v. Hicks, 480 U.S. 321 (warrant requirement when officer lacks probable cause that item is evidence)
- Olds v. State, 299 Ga. 65 (construing Georgia Evidence Code with reference to federal rules)
- Sullivan v. State, 284 Ga. 358 (probable cause/fair-probability standard for warrants)
- State v. Tye, 276 Ga. 559 (inspection/seizure of items in plain view and related analysis)
- Ruiz v. State, 286 Ga. 146 (preservation of ineffective-assistance claims on appeal)