Lopez-Jimenez v. State
317 Ga. App. 868
Ga. Ct. App.2012Background
- Lopez was convicted by jury of trafficking in methamphetamine after a house investigation and search.
- Police surveilled a Duluth, GA house linked to a suspected stash house; Lopez interacted with an officer at the scene, indicating the home was for sale.
- Three days later, a knock-and-announce warrant was executed; officers found large quantities of methamphetamine and packaging materials in the home.
- Evidence included drugs, packaging, gloves, a scale, and multiple bags; Lopez was present in the master bedroom and near drugs when police entered.
- Money transfers from Mexico to Lopez appeared on the kitchen counter; defense claimed Lopez moved in shortly before arrest and that he did not touch or sell drugs.
- Appellate counsel argued misstatement at closing and ineffective assistance for not moving to suppress; the court denied relief and affirmed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of circumstantial evidence to convict | Lopez: only proximity shown | Lopez: no substantial connection to drugs | Evidence excluded other hypotheses; sufficient for conviction |
| Ineffective assistance for closing argument | Lopez: counsel failed to object to misstatement | Lopez: trial strategy acceptable | Counsel's non-objection and subsequent remark not deficient}} |
| , | |||
| Ineffective assistance for not filing suppression motion | Lopez: warrant affidavit insufficient | Lopez: affidavits were detailed and reliable | Affidavit not insufficient; no futile motion; suppression not warranted |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (Supreme Court 1979) (standard for reviewing circumstantial evidence sufficiency)
- Simmons v. State, 299 Ga. App. 21 (Ga. App. 2009) (circumstantial evidence must exclude reasonable hypotheses)
- Brown v. State, 314 Ga. App. 212 (Ga. App. 2012) (constructive possession requires more than proximity)
- Taylor v. State, 285 Ga. App. 697 (Ga. App. 2007) (circumstantial evidence sufficiency guidance)
- Lott v. State, 303 Ga. App. 775 (Ga. App. 2010) (trial strategy and prejudice analysis for ineffective assistance)
- Damerow v. State, 310 Ga. App. 530 (Ga. App. 2011) (trial strategy in closing and prejudice evaluation)
- Patterson v. State, 259 Ga. App. 630 (Ga. App. 2003) (motion to suppress as a matter of professional judgment)
- King v. State, 287 Ga. App. 375 (Ga. App. 2007) (not filing futile or meritless motions to suppress)
- Brantley v. State, 271 Ga. App. 733 (Ga. App. 2005) (trial tactics generally not ineffective assistance)