Newton v. State
313 Ga. App. 889
| Ga. Ct. App. | 2012Background
- Newton, convicted of criminal attempt to manufacture methamphetamine under OCGA §§ 16-13-30(b), 16-4-1, after a jury trial.
- Officers executed an arrest warrant at a residence; co-defendant and Newton were present and allowed search.
- An ether odor was detected; investigator with prior meth knowledge prepared a search warrant.
- Laboratory for methamphetamine was found in an outbuilding; residence contained drug-paraphernalia and precursor items.
- State introduced Newton's prior drug conviction as similar-transaction evidence to show bent of mind and course of conduct.
- Trial court admitted the similar-transaction evidence over Newton’s objections; court denied motion to suppress found evidence; conviction affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of prior conviction as similar-transaction evidence | Newton: admission improper for bent-of-mind purpose | State: proper bent-of-mind and course-of-conduct evidence with three-part test | Admissible under prior precedent |
| Probative value vs. prejudicial effect of similar-transaction evidence | Newton: probative value outweighed by prejudice | State: court instructed jury to limit consideration to proper purposes | Probative value outweighed prejudice; no reversible error |
| Necessity of similar-transaction evidence for State’s case | Newton: evidence not needed to prove case | State: evidence needed to show bent of mind given disavowal of involvement | State needed and used evidence; admission not error |
| Probable cause for search warrant; suppression of evidence | Newton: insufficient probable cause; odor alone not enough | State: totality of circumstances supported probable cause | Totality of circumstances supported probable cause; suppression denied |
Key Cases Cited
- Porter v. State, 264 Ga.App. 526 (2003) (three-part test for similar transaction evidence; admissibility reviewed for abuse of discretion)
- Williams v. State, 261 Ga. 640 (1991) (three affirmative showings required for similar transaction evidence)
- Henderson v. State, 303 Ga. App. 527 (2010) (bent of mind as permissible purpose for similar transaction evidence)
- Wade v. State, 295 Ga.App. 45 (2008) (continuing relevance of bent-of-mind evidence)
- Robertson v. State, 306 Ga.App. 721 (2010) (course of conduct and similarity in methamphetamine cases)
- O'Keefe v. State, 189 Ga.App. 519 (1988) (totality of circumstances in probable-cause analysis)