Thompson v. Brown
288 Ga. 855
| Ga. | 2011Background
- Brown was convicted in Toombs County in 2004 of two cocaine sales to an informant on Nov. 14, 2002 and Dec. 5, 2002.
- Appellate counsel on direct appeal led to affirmed convictions by the Court of Appeals (Brown v. State, 274 Ga.App. 302, 617 S.E.2d 227 (2005)).
- In 2009 Brown filed a habeas petition alleging ineffective assistance of appellate counsel.
- The habeas court granted relief on three grounds; the warden appeals on one ground.
- Georgia Supreme Court holds appellate counsel was ineffective for failing to raise a meritorious venue claim, because the State failed to prove venue beyond a reasonable doubt.
- The Court finds venue evidence insufficient since the trial record shows the drug sales occurred in Vidalia (spanning Toombs and Montgomery counties) and not conclusively in Toombs County.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was appellate counsel ineffective for not raising venue | Brown argues counsel failed to raise venue issue on appeal. | Th warden contends venue was proven beyond a reasonable doubt. | Yes; appellate counsel was ineffective; venue not proven beyond a reasonable doubt. |
| Does OCGA § 17-2-2(e) apply to establish venue here | Brown contends subsection (e) could establish venue in any county along the travel path. | Warden argues (e) applies to cases where venue cannot readily be determined. | Inapplicable; (e) does not apply because venue could be readily determined from the route. |
Key Cases Cited
- State v. Dixon, 286 Ga. 706 (2010) (venue is a jurisdictional element the State must prove beyond a reasonable doubt)
- Jones v. State, 272 Ga. 900 (2000) (reverses for failure to prove venue beyond a reasonable doubt)
- Rogers v. State, 298 Ga.App. 895 (2009) (OCGA § 17-2-2(e) inapplicable where venue could be readily determined)
- Chapman v. State, 275 Ga. 314 (2002) (limits on agency testimony for venue determination; explains role of jurisdictional authority)
- Collins v. State, 172 Ga.App. 100 (1984) (judicial notice of local divisions, including cities spanning counties)
- Graham v. State, 275 Ga. 290 (2002) (explains judicial notice of local divisions of the state)
- Lynn v. State, 275 Ga. 288 (2002) (urges trial courts to charge venue properly to inform juries)