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Ross v. State

Cell phone "tower dump" records were properly admitted as evidence in the defendant's murder trial, since the defendant stated at trial that she did not object to the admission and, regardless, she had no standing to challenge the admission since the cellphone company owned the records.

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Following a jury trial, Lynitra Ross was found guilty of malice murder based on her role in a murder-for-hire plot that resulted in the shooting death of Richard Schoeck.1 On appeal, Ross contends that the trial court erred by failing to suppress certain cell phone records evidence at trial and that her trial counsel was ineffective. For the reasons that follow, we affirm.

1. Viewed in the light most favorable to the jury’s verdict, the record reveals the following facts. Ross worked as a medical assistant and billing coder at Georgia Spine and Neurosurgery Center, and her friend, Stacey Schoeck, worked there as the office administrator. In January 2010, Ross and Schoeck had lunch together, and Schoeck told Ross that she wanted to have her husband, Richard Schoeck, killed because she thought that he was molesting her sons.2 Ross informed Schoeck that her boyfriend, Reginald Coleman, could kill Mr. Schoeck because Coleman did such work “on the side” for extra money. Ross told Schoeck that she would talk to Coleman about killing Mr. Schoeck.

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