Mohamed v. State
314 Ga. App. 181
Ga. Ct. App.2012Background
- Mohamed was convicted of possession of cathinone, a Schedule I substance, under the Georgia Controlled Substances Act.
- Two packages delivered to a DHL facility in Clayton County from Kenya were inspected; contents were identified as khat by law enforcement.
- Mohamed arrived claiming one package for another person; police found a black bag with plant material in his vehicle.
- In September 2009, the state crime lab tested the material and found detectable amounts of cathinone and cathine; the chemist explained cathinone degrades into cathine.
- Mohamed testified khat is legal in Somalia and that cathinone effects decline after a few days; shipment took several days to reach Georgia.
- The trial court convicted, but the appellate court reversed, holding the evidence insufficient to prove the required intent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether State provedMohamed knowingly possessed cathinone | State argues Mohamed knew the khat contained cathinone and possessed it knowingly. | Mohamed contends degradation of cathinone and timing negate knowledge of the chemical identity. | Insufficient evidence of knowledge; conviction reversed. |
| Whether trial court erred by relying on undisclosed expert data | State asserts discovery compliance; exclusion not warranted. | Mohamed argues willful discovery violations warrant exclusion of the report/testimony. | Not reached; court reverses on sufficiency, leaving discovery issue unresolved. |
Key Cases Cited
- Duvall v. State, 289 Ga. 540 (Ga. 2011) (requires knowledge of the chemical identity for intent to possess a controlled substance)
- Serna v. State, 308 Ga.App. 518 (Ga. App. 2011) (knowledge of dangerousness may support intent to possess)
- Mohamud, 15 A.3d 80 (Pa. Super. Ct. 2010) (cathinone degrades to cathine; knowledge of chemical identity required)
- Arroyo v. State, 309 Ga. App. 494 (Ga. App. 2011) (discussion of sufficiency of evidence and related standards)
