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Copeland v. State

Defendant's oral motion to suppress evidence on the first day of trial did not satisfy the requirements of O.C.G.A. § 17-5-30 b or Uniform Superior Court Rule 31.1.

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Michael Copeland was convicted of the malice murder of Dequlius Douglas and aggravated assaults on Annie Nesmith and Taurus Banks.1 He was sentenced to life imprisonment for the murder conviction and two consecutive 20-year terms for the aggravated assault convictions. On appeal he argues that the trial court erred in denying his oral motion to suppress firearms seized in a search of his home. Because Copeland’s oral motion to suppress was made on the first day of trial, it failed to satisfy the requirements of OCGA § 17-5-30 b and Uniform Superior Court Rule 31.1. We therefore hold that the trial court did not err in denying the motion and affirm Copeland’s convictions.

1. On October 27, 1993 Copeland and five other people drove around searching for Dequlius Douglas and Travis Nesmith to avenge an attempted armed robbery. Spotting several people congregated at an ice cream truck, Copeland leapt out of his vehicle, pressed his pistol against Taurus Banks’s face, and asked, “who is DQ” Numerous eyewitnesses testified that once Dequlius Douglas identified himself as “DQ,” Copeland began firing his weapon. Douglas was shot in the back and died as a result of this wound. Annie Nesmith was struck in the hand by a bullet fragment. The state’s firearms examiner testified that five 9-millimeter cartridge cases found at the crime scene were fired from an Intratec 9-millimeter pistol. Eyewitnesses testified that Copeland’s weapon was a 9-millimeter pistol.

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