Moore v. State
310 Ga. App. 106
| Ga. Ct. App. | 2011Background
- Barrow County deputies investigated a suspicious person; Moore's car signaled left without indicator and a white object was thrown from the window.
- A bag near the car contained cocaine; a smaller bag with cocaine was found inside the car inventory.
- Moore confessed that the cocaine belonged to him, not the passengers.
- A known drug user reported Moore had just sold him drugs; deputy testified this aided arrest for distribution.
- Moore escaped from a patrol car and hid at multiple locations before being found and retried; conviction followed on all counts.
- Moore was convicted on possession with intent to distribute, possession, failure to signal, escape, and two obstruction counts; sentenced to 19 years (10 to serve).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether admission of character evidence required mistrial | Moore argues improper character evidence; mistrial requested. | State contends evidence was admissible or harmless. | No reversible error; mistrial not required. |
| Whether deputy's hearsay about the drug user was admissible | Deputy’s hearsay violated hearsay rules. | Court allowed it; but drug user testimony limited. | Harmless error; convictions affirmed. |
Key Cases Cited
- Walker v. State, 296 Ga.App. 531, 675 S.E.2d 270 (2009) (Ga. Ct. App. 2009) (limited prejudice from passing references to prior jail time)
- McCain v. State, 292 Ga.App. 886, 665 S.E.2d 912 (2008) (Ga. Ct. App. 2008) (mistrial denial reviewed for abuse of discretion)
- Rucker v. State, 304 Ga.App. 184, 695 S.E.2d 711 (2010) (Ga. Ct. App. 2010) (character not impermissibly at issue when officer familiarity with defendant)
- Jones v. State, 279 Ga.App. 139, 630 S.E.2d 643 (2006) (Ga. Ct. App. 2006) (prior convictions not necessarily implied by officer testimony)
- London v. State, 274 Ga. 91, 549 S.E.2d 394 (2001) (Ga. 2001) (confrontation clause hearsay considerations when declarant testifies)