Terry v. State
308 Ga. App. 424
Ga. Ct. App.2011Background
- Terry was convicted of cocaine possession after a jury trial in Georgia.
- Police observed Terry flee and drop 0.59 grams of cocaine as they approached the residence.
- Officers found $955 in Terry's possession at arrest.
- The sole defense witness testified about a drug-market area and their flight due to perceived danger.
- Terry moved for a new trial arguing that the prosecutor's admonishment undermined the witness's testimony and his due process rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the prosecutor's admonishment deprive due process? | Terry argues Webb required reversal due to intimidation of the defense witness. | The warning did not force the witness off the stand and did not render the trial unfair. | No due process violation; warning did not compel non-testimony. |
| Should Webb-type coercion require reversal in this case? | Webb mandates reversal where intimidation drives defense testimony away. | Webb is distinguishable; witness testified and the case lacked coercive impact. | Webb distinguished; no reversal. |
| Is due process analysis to be conducted case-by-case? | D1 argues per Webb due process requires reversal in similar circumstances. | Due process requires a fact-specific analysis per Webb. | Yes, case-by-case analysis governs. |
| Did Murray v. State support affirmance? | Murray would require reversal for prosecutorial threats to a witness. | Murray is distinguishable; warnings here did not compel testimony refusal. | Murray supportive but not controlling; no reversal. |
| Was there any effect on Terry's right to present a defense? | The witness's potential confession was suppressed by the warning. | Witness testified in Terry's favor; not a per se right violation. | No denial of the right to present a defense. |
Key Cases Cited
- Webb v. Texas, 409 U.S. 95 (1972) (Webb: due process requires permitting defendant to present witnesses; coercive warning can violate rights)
- Murray v. State, 157 Ga.App. 596 (1981) (Witness declined to testify after threats; not reversible error)
- United States v. Williams, 205 F.3d 23 (2d Cir. 2000) (prosecutor intimidation/the impact on testimony considered in due process)
- United States v. Serrano, 406 F.3d 1208 (10th Cir. 2005) (relevance to defense-right and witness intimidation)
- Edmond v. State, 283 Ga. 507 (2008) (prior inconsistent statements admitted under criteria)