Hargis v. State, 319 Ga. App. 432

Hargis charged in 2006 with attempt and conspiracy to manufacture methamphetamine, possession of ephedrine and pseudoephedrine, and related offenses.
Police seized meth manufacture equipment, ephedrine products, false IDs, and related items during a 2006 search of Hargis’s residence and outbuilding; a tape recording and Taylor’s statements were obtained.
In 2009, Hargis failed to appear at a trial previously scheduled for February 2009; a bench warrant issued and July 2009 arrest followed.
During the July 2009 arrest, police seized Hargis’s wallet and bags from his truck, containing two false IDs and drugmaking supplies; a house search followed warrant obtained from those items.
At a 2009 pretrial hearing, the court admitted July 2009 arrest evidence as a similar transaction; Hargis moved to suppress that evidence but was denied.
The trial court later admitted a tape of conversations and limited conspiracy evidence; Hargis was convicted and sentenced as a recidivist; appellate counsel then challenged recusal and suppression issues.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial judge should have recused after an ex parte communication	Hargis argues ex parte contact tainted proceedings	State contends no waiver of disqualification; possible to proceed	New trial required; judge must recuse; error is not harmless
Whether evidence seized during the July 2009 arrest was admissible	Evidence obtained from truck/house valid under search incident to arrest	No valid basis to search after obstruction arrest; tainted	Suppression required; evidence fruit of poisonous tree; remand for further proceedings

Arnau v. Arnau, 207 Ga. App. 696, 696-697 (429 SE2d 116) (1993) (ex parte communications require addressing presumed harm)
In the Interest of D. D., 310 Ga. App. 329, 332 (713 SE2d 440) (2011) (ex parte communications presumed erroneous; harm if not corrected)
Pope v. State, 257 Ga. 32, 34 (354 SE2d 429) (1987) (Canon 3 disqualification standards; cannot waive inappropriately)
Mayor and Aldermen of the City of Savannah v. Batson-Cook Co., 291 Ga. 114, 119 (728 SE2d 189) (2012) (appellate de novo review of recusal rulings)
Johnson v. State, 278 Ga. 344, 346-348 (602 SE2d 623) (2004) (ex parte conduct can require reversal)
City of Pendergrass v. Skelton, 278 Ga. App. 37, 39 (628 SE2d 136) (2006) (ex parte communications are presumed to be in error)
United States v. Gant, 556 U.S. 332 (2009) (vehicle search incident to arrest limits; reasonable basis to reach vehicle)