White v. State
313 Ga. App. 605
Ga. Ct. App.2012Background
- White was convicted after a jury trial of possession of cocaine (OCGA § 16-13-30 (a)).
- Police investigated drug activity at a Newton County gas station and identified White.
- White walked to a dumpster, dropped an object, and a bag of cocaine was later found near the dumpster.
- Testimony supported that White either constructively or actually possessed the cocaine.
- The trial court denied a mistrial based on juror bias, then gave curative instructions and conducted further voir dire; jurors affirmed impartiality.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to prove possession | White argues no direct/constructive possession shown | State says circumstantial evidence supports possession | Sufficient evidence to support conviction |
| Mistrial denial based on juror bias | Bias shown by jurors due to note-taking; mistrial requested | Trial court properly cured potential prejudice | No abuse of discretion; curative instruction and voir dire adequate; mistrial denied |
Key Cases Cited
- Jackson v. State, 306 Ga. App. 33 (2010) (establishes standard for evaluating sufficiency of evidence in light of the evidence presented)
- Bush v. State, 305 Ga. App. 617 (2010) (supports inference of possession from nearby cocaine evidence)
- Benyard v. State, 311 Ga. App. 127 (2011) (conflicting testimony for jury credibility assessment)
- Clack-Rylee v. Auffarth, 273 Ga. App. 859 (2005) (curative instructions and voir dire to address juror impartiality)
- Baker v. State, 230 Ga. App. 813 (1998) (premises for prima facie competence of jurors in impartiality)
- Mitchell v. State, 284 Ga. App. 209 (2007) (discusses proper procedural approach to mistrial requests)