Van Morgan v. State

Trial counsel's decision not to introduce an audiotape of a conversation that arguably implicated the defendant's nephew as an additional conspirator was strategically based on his decision that it was more important to keep the right to open and close.

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On the second day of his trial, Charles Van Morgan pleaded guilty to three counts of violation of the Georgia Controlled Substances Act, consisting of conspiracy to sell and distribute methamphetamine, criminal attempt to sell and distribute methamphetamine, and possession of methamphetamine. The jury found Van Morgan guilty of the remaining count of conspiracy to traffic in methamphetamine. On appeal, Van Morgan claims he received ineffective assistance of counsel, and the evidence was insufficient to support his conviction for conspiracy to traffic in methamphetamine. We disagree and affirm for the reasons set forth below. Construed in favor of the verdict, evidence shows that an undercover officer for the Multi-Agency Narcotics Squad operating in Cherokee County arranged to buy one-eighth of an ounce of methamphetamine from Amy Byers. The officer and a confidential informant met Byers at the Shadowood Mobile Home Park. After the officer gave her $210, Byers left to get the drugs. A member of the narcotics squad followed Byers to Van Morgan’s residence. Byers left the house after five or ten minutes and returned to the mobile home park with a baggie containing methamphetamine. The undercover officer told Byers he would contact her later to arrange another purchase.

Three days later, Byers again met the confidential informant and the undercover officer at the mobile home park, and they gave her $570 to purchase a half-an-ounce of methamphetamine. Officers again followed Byers to Van Morgan’s house. They had a search warrant for the address and executed the warrant as soon as she came back out the door. Byers ran into the house, and officers located and arrested her and Van Morgan, who were in a bathroom with an open window facing the back of the residence.

Van Morgan v. State

Trial counsel's decision not to introduce an audiotape of a conversation that arguably implicated the defendant's nephew as an additional conspirator was strategically based on his decision that it was more important to keep the right to open and close.

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