Harrison v. State
309 Ga. App. 454
| Ga. Ct. App. | 2011Background
- Harrison and a co-defendant were tried in Hall County and convicted of trafficking in cocaine under OCGA § 16-13-31(a)(1).
- Evidence showed the cocaine mixture weighed 106.84 grams (>28 grams) with ~32% purity, found under Harrison’s seat.
- Harrison and co-defendant objected to a prospective juror who questioned why an innocent person might not testify; trial court refused to excuse.
- Harrison testified and admitted past cocaine dealings; jury heard related prior transaction evidence.
- The court charged the jury that knowledge of the crime must be proven beyond a reasonable doubt but did not instruct on knowledge of weight; defense requested a specific instruction.
- Ruling: judgment affirmed on both juror-for-cause and requested-instruction issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Juror-for-cause dismissal whether improper | Harrison; juror unable to be impartial | State; juror could follow the charge | No reversible error; juror not excused |
| Knowledge of weight instruction required | Harrison; statute requires knowledge of weight | State; weight knowledge not required under Barr/Cleveland | Not reversible error; instruction adequate; if error, harmless |
Key Cases Cited
- Daniel v. State, 296 Ga.App. 513 (2009) (juror impartiality; trial court's discretion to excuse for cause)
- Blankenship v. State, 301 Ga.App. 602 (2009) (trial court discretion in voir dire)
- Coleman v. Fortner, 260 Ga.App. 373 (2003) (charge omission harmless if overall charge adequate)
- Barr v. State, 302 Ga.App. 60 (2010) (knowledge of weight not required; elements knowledge proof)
- Cleveland v. State, 218 Ga.App. 661 (1995) (knowledge element scope in trafficking statute)
- United States v. Harriss, 347 U.S. 612 (1954) (due process; fair notice; plain meaning of elements)
- State v. Luster, 204 Ga.App. 156 (1992) (statutory language should be given ordinary meaning)