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Rose v. State

Defense counsel was not deficient for failing to make a futile motion to suppress evidence seized from a car in which the defendant no longer had any expectation of privacy.

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Edgar Michael Rose, defendant, appeals his conviction for trafficking in marijuana and for attempted trafficking of marijuana on two grounds: 1 ineffective assistance of counsel; and 2 insufficiency of the evidence. Finding no error, we affirm. On December 3, 2002, a DeKalb Superior Court jury convicted Rose of one count of trafficking and one count of attempted trafficking in marijuana. The Defendant was sentenced to fifteen, to serve ten years in confinement. On February 23, 2003, Defendant moved for new trial, which was amended, based upon ineffective assistance of counsel; on April 15, 2003, the motion was denied.

Viewing the evidence most favorably to support the verdict,1 the evidence showed that on October 26, 2002, Rose flew to Houston, Texas, and purchased a 1985 BMW. Then, he contracted with LT Transport to ship the vehicle from Houston to Atlanta. On October 28, 2002, LTT’s transporter, driven by Charles Willoughby, was carrying the BMW and was stopped near LaGrange, Georgia on I-85 for a tag violation, because it was improperly displayed. Georgia Highway Patrol Officer James R. Traylor determined that the tag and Willoughby’s license was valid and then inspected the bill of lading for the cars. The bill of lading listed the car tag numbers, the signature of the shipper releasing the vehicle to LLT for shipment, and the names of the person to whom the vehicle was being shipped.

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