Ware v. State

In the absence of a transcript of the suppression hearing, the evidence presumably supported the denial of the defendant's motion to suppress evidence obtained during a warrant search of his home.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Appellant Jarvis Ware appeals his convictions for malice murder and concealing the death of another,1 claiming the trial court erred by denying his motion to suppress evidence obtained after a search of his home conducted pursuant to a warrant. Our review of the record reveals that it contains neither a written order denying appellant’s motion to suppress nor a transcript of the suppression hearing. Therefore, pursuant to our precedent, we must conclude that appellant has failed to show any error in the trial court’s ruling. Finding the evidence sufficient to support appellant’s convictions, we affirm. The evidence of record shows that appellant and the victim, Sinney McMichael, were seen leaving a Dalton, Georgia, pool hall together on the night of September 12, 2002. After stopping to purchase crack cocaine, the couple went to appellant’s home. Later that night, appellant’s roommates discovered appellant cleaning the living room floor with bleach. The roommates also noticed that an area rug and slip cover had been removed from the living room. Appellant’s nephew, Willis, testified that shortly after 2:30 a.m. on September 13, 2002, appellant appeared at his door, asking for help with “a body.” Willis accompanied appellant to the latter’s home, where he noticed blood stains and evidence of a struggle in the living room, as well as a strong smell of bleach. Willis then went to appellant’s bedroom, where the victim’s body lay on a bed. Willis helped appellant roll the body in a rug and move it to appellant’s truck, and then rode with appellant to a nearby dumpster, where they deposited the body. Authorities later determined that the victim had sustained blunt force trauma to the head and had died of ligature strangulation.

1. The evidence of record, construed most favorably to the verdict, was sufficient for rational triers of fact to find appellant guilty of malice murder and concealing the death of another.2

Ware v. State

In the absence of a transcript of the suppression hearing, the evidence presumably supported the denial of the defendant's motion to suppress evidence obtained during a warrant search of his home.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report