Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Kohler v. State

Evidence of the marijuana seized during the search of the residence and incident to the defendant's arrest, was properly admissible as part of the res gestae.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

A Paulding County jury convicted Saul Kohler of trafficking in cocaine in violation of OCGA § 16-13-31 a 1.1 Kohler filed a motion for new trial, which the trial court denied. On appeal, Kohler contends that the trial court erred 1 in denying his motion in limine to exclude evidence of marijuana recovered along with the cocaine at the time of his arrest; 2 in admitting evidence of statements made by co-conspirators during commission of the crime when audiotape recordings of the statements had not been produced to him during discovery; 3 in denying his motion for mistrial after a state’s witness impermissibly interjected his character into evidence; and 4 in making improper comments while ruling on the motion for mistrial. For the reasons that follow, we discern no error and affirm. Viewed in the light most favorable to the verdict,2 the evidence at trial showed that on August 2, 2004, a confidential informant contacted the U.S. Drug Enforcement Administration “DEA” to report that he had been solicited to transport 100 kilos of cocaine from Texas to Georgia. The DEA launched an undercover investigation and coordinated the transport of the cocaine between the informant and conspirators in the transaction. Conspirators delivered the cocaine, which was packaged in six boxes, to a Texas warehouse, where they unloaded the boxes onto the informant’s tractor trailer. After the conspirators departed, the undercover DEA agents opened the boxes and saw that they contained a white powdery substance.

The agents instructed the informant to drive to another location, where the boxes were removed from the trailer, placed into the custody of the agents, and taken to a DEA district office for storage and testing. The agents learned that the boxes contained approximately 100 kilos of cocaine with a purity of 87 percent. The wholesale street value of the cocaine was approximately $2 million.

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
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Client Services/Hospitality Representative - Florida Office

CLIENT SERVICES/Hospitality REPRESENTATIVE-FLORIDA OFFICE Prominent mid-Atlantic law firm with multiple regional office locations seeks a f...


Apply Now ›
Legal Practice Assistant - Florida Office

Prominent mid-Atlantic law firm with multiple regional office locations seeks a legal practice assistant (LPA) for our Boca Raton, FL. Offic...


Apply Now ›
Litigation Associate - Philadelphia, PA

Description: Fox Rothschild has an opening in the Philadelphia, PA office for a litigation associate. The ideal candidate will have two to t...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements