Lowe v. State
310 Ga. App. 242
Ga. Ct. App.2011Background
- Lowe was convicted by a jury of trafficking in cocaine and appeals after denial of a motion for new trial.
- Carroll County officers executed a search warrant at 2197 Shady Grove Road; Lowe opened the door and was subjected to a patdown, revealing $1,500 on his person.
- A large quantity of cocaine packaged for distribution and other items (scanner, handgun, Lowe‑named documents) were found at the residence.
- Lowe and anle other suspect were jailed; Lowe made jailhouse telephone calls which were recorded and later admitted at trial.
- Lowe challenged the admissibility of the recorded calls and argued ineffective assistance of trial counsel for failing to object and for not moving to suppress the money.
- The appellate court upheld the convictions, ruling the recordings properly admitted and finding no reversible ineffective assistance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| admissibility of jail recordings foundation | Lowe | Lowe | Foundation adequate; recordings properly admitted |
| effectiveness of trial counsel—objecting to Gibson testimony | Lowe | Lowe | No deficient performance; testimony permissible |
| effectiveness of trial counsel—admission of character evidence | Lowe | Lowe | No prejudice; trial outcome unchanged |
| effectiveness of trial counsel—motion to suppress $1,500 | Lowe | Lowe | No prejudice; overwhelming other evidence |
Key Cases Cited
- Davis v. State, 279 Ga. 786 (Ga. 2005) (foundation for admissibility of recorded conversations)
- Page v. State, 249 Ga. 648 (Ga. 1982) (requirements for authenticating recordings)
- Durham v. State, 309 Ga.App. 444 (Ga. App. 2011) (interpretation of street slang by a narcotics officer)
- Williamson v. State, 300 Ga.App. 538 (Ga. App. 2009) (interpretation of slang terms in narcotics cases)
- Collins v. State, 297 Ga.App. 364 (Ga. App. 2009) (drug terminology explained for jurors)
- Ballard v. State, 268 Ga.App. 55 (Ga. App. 2004) (interpretation of terms in narcotics context)
- Patterson v. State, 285 Ga. 597 (Ga. 2009) (reasonable probability standard for ineffective assistance)
- Swanson v. State, 282 Ga. 39 (Ga. 2007) (ineffective assistance standard and prejudice inquiry)
- Coleman v. State, 271 Ga. 800 (Ga. 1999) (prosecutor's evidentiary issues and prejudice)