Griffin v. State
294 Ga. 325
| Ga. | 2013Background
- In April 2010 Griffin and two companions went to an apartment later determined to be a "stash house" carrying $4,000; a shootout erupted, Griffin was wounded, and one occupant died.
- Police found scales, plastic wrap, baggies, money-marking pens, and a hidden package of cocaine totaling 248.56 grams under the furnace.
- Griffin told police he went with a man called "Tru" to buy marijuana, denied having a gun, and claimed he was set up; no marijuana was found.
- A grand jury indicted Griffin for two counts of felony murder, attempted armed robbery, conspiracy to traffic in cocaine (alleging conspirators included the stash-house occupants), and a firearms count.
- At trial the jury convicted Griffin of conspiracy to traffic in cocaine and felony murder predicated on that conspiracy; other counts were acquitted or directed verdicts of acquittal.
- The Georgia Supreme Court reversed both convictions, holding the State produced no evidence of an agreement between Griffin and the stash-house operators beyond a possible buyer–seller transaction, an insufficient basis for conspiracy under Georgia law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for conspiracy to traffic in cocaine | State: evidence (stash‑house, large cocaine quantity, paraphernalia, money) supports inference of conspiracy with stash‑house operators | Griffin: he went to buy marijuana with a companion; no proof of agreement with stash‑house operators | Reversed — no evidence of an agreement between Griffin and the stash‑house operators beyond a buy‑sell transaction, so conspiracy not proven |
| Whether a buyer–seller transaction suffices for conspiracy | State argued surrounding facts showed concerted criminal enterprise, not mere buy‑sell | Griffin argued only a purchase (and he denied knowledge of cocaine) | Held: Georgia law bars convicting for conspiracy based solely on a simple buy‑sell absent additional proof of a joint design |
| Felony‑murder predicated on underlying conspiracy | State: murder was committed in furtherance of conspiracy to traffic; underlying felony established | Griffin: if conspiracy fails, felony‑murder predicate fails | Reversed — felony murder vacated because it was predicated on the reversed conspiracy conviction |
| Jury instructions as to trafficking modes (sell/deliver/possess) | State: charging trafficking generally was permissible; jury instructed with indictment and burden of proof | Griffin: trial court should have limited trafficking instruction to the mode alleged (possession) | Not reached as dispositive; majority focused on insufficiency, dissent thought instruction was cured by indictment and charge context |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Kilgore v. State, 251 Ga. 291 (conspiracy requires agreement or tacit mutual understanding)
- Duffy v. State, 262 Ga. 249 (agreement need not be express; tacit understanding suffices)
- Darville v. State, 289 Ga. 698 (mere buyer–seller drug transactions do not establish conspiracy)
- Smith v. State, 202 Ga. App. 664 (State must prove material allegations of indictment; conviction reversed where proof did not match charged conspiracy)
- United States v. Abushi, 682 F.2d 1289 (narcotics conspiracies may be inferred where defendants know scope of enterprise and benefit depends on overall venture)