Gunn v. the State
342 Ga. App. 615
| Ga. Ct. App. | 2017Background
- Gwinnett County officers executed a no-knock warrant at a mobile home occupied by Kenneth Gunn and a co-defendant; search yielded 35.01 grams of cocaine (high purity), distribution paraphernalia (scales, many baggies), and a loaded handgun in a bedroom. Gunn’s name appeared on mail and receipts found at the residence.
- Gunn was photographed and gave a videotaped custodial statement at the scene in which he said he did not live at the house and told officers to “just take him in.” A white powdery substance was observed in his nostrils on the photo but was not chemically tested.
- The State introduced Rule 404(b) “other acts” evidence of Gunn’s 2001 conviction for possession with intent to distribute (involving drugs found concealed on his person and many small baggies), after pretrial notice and proffer; the trial court gave limiting instructions to the jury.
- Gunn moved to suppress his custodial statement arguing impairment from recent cocaine use; Jackson v. Denno hearing testimony from the interviewing officer described Gunn as coherent, Mirandized, and voluntarily speaking; the court denied suppression.
- Gunn also raised (but largely abandoned on appeal) claims that the State’s witnesses violated sequestration and that trial counsel was ineffective by mentioning he was on probation; the Court of Appeals deemed those arguments abandoned for lack of developed briefing.
- Trial resulted in convictions for trafficking cocaine, possession with intent to distribute (merged for sentencing), and possession of a firearm as a convicted felon; the Court of Appeals affirmed.
Issues
| Issue | Gunn's Argument | State's Argument | Held |
|---|---|---|---|
| Admission of 404(b) "other acts" evidence (2001 conviction) | Too dissimilar and too temporally remote to be probative; prejudicial | Prior act shows intent/knowledge; probative value outweighs prejudice; court followed Rule 404(b)/403 analysis | Affirmed: admission not abuse of discretion; relevant to intent; temporal gap not dispositive |
| Suppression of custodial statement (alleged cocaine use) | Statement involuntary or unintelligent because Gunn used cocaine before interview | Officer testimony and video showed Gunn coherent, Mirandized, uncoerced; waiver knowing and voluntary | Affirmed: totality of circumstances supports voluntariness and valid Miranda waiver |
| Mistrial for violation of sequestration rule | (Argued briefly) State witnesses violated sequestration, requiring mistrial | Trial court discretion; Gunn failed to develop authority/argument | Abandoned on appeal for lack of developed briefing; court did not reach merits |
| New trial for ineffective assistance (counsel stated he was on probation) | Counsel put his character at issue and prejudiced Gunn | Gunn failed to support claim with authority or developed argument | Abandoned on appeal for lack of developed briefing; court did not reach merits |
Key Cases Cited
- Smart v. State, 299 Ga. 414 (Ga. 2016) (sets out Rule 404(b) inclusionary approach and 3-part test for other-acts evidence)
- Bell v. State, 284 Ga. 790 (Ga. 2009) (standard for voluntariness of custodial statements under totality of circumstances)
- Parks v. State, 300 Ga. 303 (Ga. 2017) (limits on other-acts evidence when it only shows propensity)
- United States v. LeCroy, 441 F.3d 914 (11th Cir. 2006) (temporal remoteness of other-acts evidence not per se fatal)
- United States v. Lampley, 68 F.3d 1296 (11th Cir. 1995) (upholding admission of decades-old drug-related other-acts evidence)
- Miranda v. Arizona, 384 U.S. 436 (U.S. 1966) (Miranda warning and waiver principles)