Smith v. State
309 Ga. App. 889
| Ga. Ct. App. | 2011Background
- Smith convicted by jury of possession with intent to distribute cocaine and marijuana with intent to distribute; appeal from denial of motion for new trial in case A11A0398.
- Jackson convicted of the same offenses; appeal from denial of motion for new trial in case A11A0476.
- Cases were consolidated on appeal.
- Evidence from a 2007 Newton County search of 110 Valley Street, Newborn, including large quantities of cocaine and marijuana, packaging materials, scales, a gun, and a scanner, was presented.
- Smith claimed the evidence did not prove possession with intent to distribute beyond a reasonable doubt; Jackson claimed ineffective assistance for failure to object to joining the cases.
- A prior 1993 possession with intent to distribute conviction of Smith was introduced as a similar transaction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Smith contends evidence insufficient | State argues evidence supports conviction | Evidence sufficient to support guilt beyond a reasonable doubt |
| Ineffective assistance—joinder | Jackson argues joining without objection harmed defense | Counsel deemed joinder strategic; no Bruton issue | No deficient performance; joinder and strategy were permissible |
Key Cases Cited
- Sexton v. State, 268 Ga.App. 736 (2004) (sufficiency review; defer to jury on credibility)
- Millirons v. State, 268 Ga. App. 644 (2004) (directed verdict standards; evidentiary conflicts resolved for jury)
- Parnell v. State, 260 Ga.App. 213 (2003) (sufficiency of evidence; rational trier of fact standard)
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for reviewing sufficiency of evidence in criminal cases)
- Bruton v. United States, 391 U.S. 123 (1968) (exclusion of non-testifying co-defendant statements)
- Strickland v. Washington, 466 U.S. 668 (1984) (ineffective assistance standard; performance and prejudice)
- Grier v. State, 273 Ga. 363 (2001) (trial tactics not per se deficient performance)
- Williams v. State, 277 Ga. 853 (2004) (reasonable tactics and strategy not ineffective assistance)