Warren v. State
314 Ga. App. 477
| Ga. Ct. App. | 2012Background
- Warren was convicted of trafficking in cocaine after a traffic stop yielded a 497.1 gram cocaine-containing package in a car he owned and drove with two passengers.
- The jury examined whether Warren knowingly possessed the cocaine found in the car, applying a presumption of possession due to ownership and operation of the vehicle.
- The state charged all three occupants with possession, permitting use of a presumption against Warren rather than relying solely on equal-access rebuttal.
- The trial court admitted evidence and arguments about marijuana related to a co-defendant and Warren’s conduct, with curative instructions given to limit prejudice.
- Warren moved for mistrial on several grounds and challenged suppression of the cocaine, which the trial court denied; the appellate court reviews rulings for sufficiency, abuse of discretion, and suppression de novo or for clearly erroneous factual findings.
- The court affirmed, holding the evidence supported possession, no abuse of discretion occurred in denying mistrials, and the cocaine was admissible after a valid traffic stop and search.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for possession | Warren lacked knowledge of cocaine in car | Ownership and control presumed possession; equal access undermines presumption | Sufficient evidence to convict |
| Denied mistrial due to alleged prosecutorial misconduct | State's improper comments tainted Warren's character | No abuse of discretion; curative instructions and record inadequate for mistrial | No mistrial required |
| Motion to suppress cocaine arising from traffic stop | Stop lacked articulable suspicion | Officer observed traffic violations; stop permissible; dog search valid | Suppression denied; stop and search validated |
| Equal-access rule applicability | Equal access to vehicle negates ownership presumption | Equal-access rule inapplicable where joint possession is charged; presumption usable | Presumption upheld; jury may infer Warren's possession |
Key Cases Cited
- Johnson v. State, 268 Ga.App. 808, 602 S.E.2d 840 (2004) (possession presumptions for owner-driver in contraband in vehicle)
- Respress v. State, 267 Ga.App. 654, 600 S.E.2d 727 (2004) (equal-access rule considerations in joint possession cases)
- Davenport v. State, 308 Ga.App. 140, 706 S.E.2d 757 (2011) (equal access not applicable when joint construct possession)
- Ramirez v. State, 290 Ga.App. 3, 658 S.E.2d 790 (2008) (presumption of possession upheld in vehicle contraband cases)
- Turner v. State, 277 Ga.App. 205, 626 S.E.2d 176 (2006) (jury may resolve credibility of possession in close factual questions)
- Cannon v. State, 211 Ga.App. 835, 440 S.E.2d 723 (1994) (equal-access and possession in car context)
- Tate v. State, 264 Ga. 53, 440 S.E.2d 646 (1994) (standards for reviewing suppression and factual findings)
- Miller v. State, 236 Ga.App. 161, 511 S.E.2d 552 (1999) (closing argument references and limiting prejudice)
- Parke v. State, 304 Ga.App. 124, 695 S.E.2d 413 (2010) (credibility and credibility-based findings for stop-based searches)
- Gissendaner v. State, 272 Ga. 704, 532 S.E.2d 677 (2000) (propriety of remarks and prosecutorial conduct)