Lightsey v. State
316 Ga. App. 573
Ga. Ct. App.2012Background
- Primóse Lightsey was convicted after a jury trial of cocaine trafficking and marijuana possession (< ounce).
- Lightsey contends the trial court erred in denying his motion to suppress drugs found in his vehicle.
- Police stopped Lightsey for a warning citation regarding defective equipment before obtaining consent to search.
- Lightsey initially consented to a search but then revoked consent; minutes later a drug-sniffing dog alerted to the driver’s door.
- The officer searched Lightsey’s vehicle and recovered cocaine and marijuana.
- Lightsey had moved to suppress the evidence pretrial, and the motion was denied; at trial, defense counsel stated there was no objection to admitting the cocaine and marijuana.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Lightsey preserve the suppression challenge on appeal? | Lightsey | Lightsey | Waived due to trial counsel's no-objection admission |
Key Cases Cited
- Kilgore v. State, 247 Ga. 70 (1981) ((waiver issues in suppression context))
- Nowlin v. State, 260 Ga. App. 903 (2003) ((objection and waiver considerations))
- Mew v. State, 267 Ga. App. 454 (2004) ((analysis of waiver and trial objections))
- Givens v. State, 281 Ga. App. 370 (2006) ((waiver and admission of evidence))
- Banks v. State, 269 Ga. App. 653 (2004) ((waiver/objection related to evidence))
- Dyer v. State, 233 Ga. App. 770 (1998) ((waiver and objections in trial))
- Abrams v. State, 144 Ga. App. 874 (1978) ((objection and admissibility context))
- Carter v. State, 137 Ga. App. 823 (1976) ((objections and suppression context))
- Felker v. State, 172 Ga. App. 492 (1984) ((appellant’s non-objection to evidence and suppression))