X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

A Walker County jury found Michael Pasuer guilty of possession and sale of cocaine, OCGA § 16-13-30 a, b. Following the denial of his motion for new trial, Pasuer appeals, contending the trial court erred in admitting certain evidence and in refusing to give a requested jury instruction. Finding no error, we affirm. Viewed in favor of the jury’s verdict,1 the evidence showed the following relevant facts. On July 11, 2000, a Lookout Mountain Drug Task Force officer received information from two informants, a male and a female, that Pasuer and his wife were involved in illegal drug sales. The officer, along with other Task Force officers, Georgia Bureau of Investigation special agents, and a federal drug agent collectively, “the officers”, met with the two informants later that day to conduct a “controlled buy” of an ounce of cocaine from the Pasuers. Immediately prior to the transaction, the officers gave the informants specific instructions about where they were to go and how they should conduct themselves during the controlled buy. The informants understood that they were not to use cocaine during the transaction or purchase additional cocaine for their own use. The officers thoroughly searched the informants and their car, and gave the informants $1,100 in government funds to purchase an ounce of cocaine. They also attached an electronic surveillance device to the male informant’s belt so that the officers could listen to and record the drug purchase. The informant testified at trial that he did not touch the device after the officers attached it to his belt. The officers followed the informants to the Pasuers’ residence, then patrolled nearby so they could watch the house and listen to the transmission of the purchase.

The informants entered the home and went to a back room with Pasuer’s wife. Pasuer was asleep on the couch in a separate room. After Pasuer’s wife weighed an ounce of cocaine, the female informant “cut” the cocaine by removing seven grams and replacing it with a different powder.2 She put the seven grams in a separate baggie. After the transaction, the informants went directly to a pre-arranged location and met with the officers. The informants gave the officers two plastic baggies containing a combined total of 32.2 grams of cocaine.3 The officers also retrieved the transmission device and secured the audiotape of the transaction in an evidence bag.

 
Reprints & Licensing
Mentioned in a Law.com story?

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

More From ALM

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
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
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
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

Our client, a boutique litigation firm established by former BigLaw partners, is seeking to hire a junior-mid level associate their rapidly ...


Apply Now ›

Shipman & Goodwin LLP is seeking an associate to join our corporate and transactional practice. Candidates must have four to eight years...


Apply Now ›

SENIOR ASSOCIATE ATTORNEY, BOUTIQUE LAW FIRM, CORPORATE LAW We provide strategic advisory and legal services to the world's leading archite...


Apply Now ›