Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Ray v. State

The trial court did not abuse its discretion in admitting evidence of crack cocaine officer found on the defendant incident to his arrest, despite lack of testimony regarding who transported the sealed evidence bag from the police locker in Macon to the GBI laboratory in Columbus, since no evidence showed tampering.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Following a bench trial, the trial court found Cecil Ray guilty of: 1 possessing cocaine with intent to distribute; 2 possessing a firearm during the commission of a crime; 3 giving a false name; 4 obstruction; 5 making a false statement or writing; 6 fleeing or attempting to elude; 7 driving without insurance; 8 operating a vehicle without a current registration decal; 9 improper use of a turn lane; and 10 failure to maintain lane.1 Ray appeals, challenging the sufficiency of the evidence. He also contends that the trial court erred by interjecting itself in plea negotiations, permitting a law enforcement officer to testify as an expert, and admitting evidence over a chain of custody objection. Finally, he contends that he received ineffective assistance of counsel. As we find that Ray’s claims of error lack merit, we affirm. 1. On appeal from his criminal convictions, Ray no longer enjoys a presumption of innocence.2 Rather, we view the evidence in a light favorable to support the verdict, and we neither weigh the evidence nor determine witness credibility.3 We will uphold the verdict so long as any rational trier of fact could have found the essential elements of the crimes charged beyond a reasonable doubt.4

Viewed in this light, the evidence shows that in the early morning hours of July 10, 2004, Officer Gregory Martin of the Warner Robins Police Department was traveling eastbound on Watson Boulevard when he saw an SUV exit a parking lot and cross two lanes of traffic, swerving momentarily into a turn lane, before returning to the inside lane. Martin pulled behind the vehicle to see if the erratic driving continued, and the SUV again moved into the center turn lane, traveling eastbound. When the vehicle turned northbound, Martin turned on his lights and siren to stop the SUV, but the driver failed to stop. The vehicle turned again before suddenly stopping, and the driver exited the vehicle and fled on foot.

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
Elite Trial Lawyers 2024
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
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
General Counsel Summit (GCS) 2024
August 12, 2024 - August 13, 2024
Sydney, New South Wales

General Counsel Summit is the premier event for in-house counsel, hosting esteemed legal minds from all sectors of the economy.


Learn More
Go to Events Go to Webcasts
TRUSTS & ESTATES ADMINISTRATIVE ASSISTANT

COLE SCHOTZ P.C. TRUSTS & ESTATES ADMINISTRATIVE ASSISTANT: NEW JERSEY OR NEW YORK OFFICES: Prominent mid-Atlantic la...


Apply Now ›
Associate Position - Casualty Litigation Department - 2 - 4 years' Litigation Experience

Post & Schell's Casualty Litigation Department is currently seeking an attorney with 2- 4 years of litigation experience, preferably in ...


Apply Now ›
Personal Injury Attorney

A client focused Atlanta Personal Injury Law Firm is seeking an experienced, highly motivated, and enthusiastic personal injury attorney who...


Apply Now ›
Go to Lawjobs
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