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Wilson v. State

The trial court's improper comment regarding a witness's credibility clearly intimated the trial court's opinion that the witness's testimony was believable and therefore required a new trial.

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Arthur Lee Wilson was convicted of possession of cocaine with intent to distribute1 and possession of marijuana.2 He appeals the subsequent denial of his motion for new trial, arguing that the trial court erred by making improper comments regarding the credibility of a witness in violation of OCGA § 17-8-57, and by denying his motion to suppress his custodial statements. We reverse for the reasons that follow.

Viewed in favor of the verdict,3 the record shows that on August 6, 2009, a woman flagged down Atlanta Police Department Officer Nicholas Mercado and said that a person was sleeping in a car and “might have been selling drugs out of the back of the vehicle.” As Officer Mercado approached a Toyota Camry parked in the lot, he observed Wilson’s hand resting motionless against the window in the backseat. When Officer Mercado, who was accompanied by Officer Canup, shined his flashlight in the car to make sure the occupant did not need assistance, he saw Wilson sleeping in the backseat and “a small baggie of marijuana in plain view sitting on the . . . floorboard” of the back seat near Wilson’s head.

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