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Tate v. State

The defendant was not entitled to a new trial after a juror expressed his dissatisfaction merely with the process of the deliberations.

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A jury found Glenn Tate, III, guilty of possessing cocaine with intent to distribute and obstructing a law enforcement officer. He appeals, contending that he should be granted a new trial because 1 a juror was coerced into finding him guilty; 2 the State did not reveal the existence of a leniency deal between the government and a witness; and 3 the evidence did not prove beyond a reasonable doubt that the substance he possessed was cocaine. The trial court denied Tate’s motion for a new trial. For reasons discussed below, we affirm. Viewed in a light most favorable to the verdict,1 the evidence shows that the Georgia Bureau of Investigation “GBI” used a confidential informant, Medru Marcus, to set up a cocaine purchase. Marcus telephoned Eddie King and arranged to purchase half a kilo of cocaine for $13,000. Marcus and King were to get the cocaine from King’s supplier the next day.

On September 25, 2002, GBI agents met with Marcus and his girlfriend, searched them for money and narcotics, and gave them audio surveillance devices that the agents could monitor. Marcus and his girlfriend then met with King, and the three drove to a gas station in Oconee County, Georgia. King’s supplier was to bring the cocaine to them there.

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