Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Scott v. State

The evidence was sufficient to establish beyond a reasonable doubt that the defendant knew that the cocaine in his possession weighed 28 grams or more.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In Scott v. State, 295 Ga. 39 757 SE2d 106 2014, our Supreme Court overruled a long line of cases on the knowledge required to prove trafficking in cocaine under the former version of OCGA § 16-13-31 a 1.1 Accordingly, the Supreme Court reversed the part of our holding in Scott v. State, 320 Ga. App. XXVI decided March 11, 2013 unpublished, in which we relied on that precedent to affirm Scott’s conviction, and directed us upon remand “to determine whether the evidence at trial was sufficient to prove beyond a reasonable doubt that Scott knew that the cocaine he possessed weighed 28 grams or more.” Scott, 295 Ga. at 42 3, n.5. We have reviewed the evidence in light of this directive and once again conclude that the evidence was sufficient to convict Scott of trafficking in cocaine under former OCGA § 16-13-31 a 1.2 Further, we also have considered and reject Scott’s contention that in light of the “change” in the law, he will be denied due process and his right to a trial by jury if we merely affirm his conviction instead of allowing him to be retried.3 Accordingly, we now affirm Scott’s conviction as more fully set forth below.

1. We start with the applicable version of OCGA § 16-13-31 a 1, which provides in relevant part as follows:

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Credit Union Times Luminaries Awards 2024
November 07, 2024
Orlando, FL

This event shines a spotlight on the individuals, teams, projects and organizations that are changing the financial industry.


Learn More
Bank & Capital Markets Tax Institute (BTI) 2024
November 06, 2024 - November 07, 2024
Orlando, FL

BTI provides leading tax professionals from financial institutions with unmatched tools and resources.


Learn More
The American Lawyer Industry Awards 2024
November 13, 2024
New York, NY

Honoring outstanding legal achievements focused at the national level, largely around Big Law and in-house departments.


Learn More
Go to Events Go to Webcasts
ENTREPRENEURIAL TAX ASSOCIATE (Charleston, SC; no billable hour requirement; non-remote)

Our client, a small but highly sophisticated and entrepreneurial tax boutique in Charleston, SC, has asked for our firm s assistance in iden...


Apply Now ›
Corporate Counsel

CORE RESPONSIBILITIES AND TASKS:(1) Tasks and responsibilities include:Reviewing and negotiating commercial agreements for internal business...


Apply Now ›
Associate Attorney(s)

Boutique midtown Manhattan law firm specializing in sophisticated real estate litigation & representation of commercial and residential ...


Apply Now ›
Go to Lawjobs