Kegler v. State
317 Ga. App. 427
| Ga. Ct. App. | 2012Background
- Kegler was convicted of trafficking in cocaine and possession of marijuana with intent to distribute after a police search of Emmanuel Kegler's residence.
- The search found two bags of marijuana, a bag of cocaine, digital scales, and bags near the kitchen microwave; cocaine residue was on scales.
- Kegler fled the residence during the entry, was apprehended with a large sum of cash, and later attempted to pass cash to another arrestee.
- Emmanuel testified that Kegler brought marijuana and scales to the residence and assisted in preparing the marijuana for distribution; the cocaine bag was allegedly brought by another cousin.
- The State introduced testimony from multiple witnesses, including the lead investigator, deputies, and a co-defendant who pled guilty, with Emmanuel testifying against Kegler.
- The defense challenged sufficiency of evidence, sequestration of the lead investigator, leniency pattern charges, and corroboration requirements for accomplice testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for trafficking cocaine | Kegler possessed or was constructively in possession; he aided in the crime and had control over cocaine. | Cocaine was brought by another cousin; Kegler did not touch or discuss it and was not in possession. | Evidence sufficient to convict Kegler of trafficking cocaine. |
| Sequestration and presence of lead investigator | Investigator needed for orderly presentation of many exhibits; permissible to remain. | Sequestration was violated by keeping the investigator in courtroom and allowing testimony. | Court did not abuse discretion; permissible for orderly presentation. |
| Leniency pattern jury instruction | Pattern charge on leniency should include pending prosecutions, negotiated pleas, and immunity. | Omission harmless because the instruction, read as a whole, covered credibility factors. | No plain error; the charge read as a whole cured any deficiency. |
| Need for corroboration of accomplice testimony | Corroboration required when relying on accomplice Emmanuel's testimony. | Corroboration unnecessary because other evidence supported guilt. | No error in omitting corroboration instruction because other evidence corroborated. |
Key Cases Cited
- Jones v. State, 283 Ga. App. 631 (2007) (standard of review—evidence viewed in light most favorable to verdict)
- White v. State, 253 Ga. 106 (1984) (possession and joined liability concepts; trial court discretion)
- Mitchell v. State, 290 Ga. 490 (2012) (trial court discretion to allow witness to remain for orderly presentation)
- Dockery v. State, 287 Ga. 275 (2010) (continuation of courtroom presence for exhibits and witnesses)
- Thorpe v. State, 285 Ga. 604 (2009) (lead detective allowed to remain given number of exhibits)
- Allen v. State, 290 Ga. 743 (2012) (omitted charges not plain error when charges read as a whole)
- Williamson v. State, 308 Ga. App. 473 (2011) (corroboration of accomplice testimony; flight as corroboration)
- Guillen v. State, 275 Ga. App. 316 (2005) (leniency considerations covered in general credibility instructions)
- Guajardo v. State, 290 Ga. 172 (2011) (consideration of charges when evaluating trial errors as a whole)