Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Smith v. State

Defense counsel reasonably chose to avoid the repetition of testimony reflecting that the defendant had actual, physical possession of the drugs officers found in the vehicle in which he was sitting as a passenger.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Allen Dewayne Smith was convicted of possession of cocaine, possession of marijuana, and obstruction. The trial court denied his motion for a new trial. On appeal, Smith contends that his trial counsel provided ineffective assistance by failing to impeach the arresting officer with his inconsistent testimony regarding the type of drug that he first observed in Smith’s possession. We discern no error and affirm. Viewed in the light most favorable to the verdict,1 the evidence adduced at trial shows that on the afternoon of December 13, 2005, a Warner Robins police officer, wearing plain clothes and driving an unmarked vehicle, was engaged in an unrelated investigation at a pawn shop when he observed Smith walking through the pawn shop’s parking lot. The officer knew Smith personally since they were cousins. As the officer continued to observe Smith, a small red vehicle, occupied by a female driver and a male passenger, entered the parking lot. After the male passenger exited the vehicle and went into the pawn shop, Smith approached the female driver. Smith spoke with the driver briefly, and then entered the passenger side of the vehicle.

The officer moved to an empty parking space directly next to the red vehicle, so that he could observe Smith’s activities more closely. When the officer looked into the window of the vehicle, he observed Smith attempting to sell the driver several small baggies of suspected marijuana. The officer then approached the vehicle to arrest Smith. Smith noticed the officer and attempted to dispose of the drugs. At that time, the officer saw that Smith was also holding rocks of suspected crack cocaine, which he was crumbling into tiny pieces.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

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

LEARN MORE

More From ALM

Premium Subscription
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
Team Accounts
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
Bundle Subscriptions
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
Go to CLE Center
Southeastern Legal Awards 2024
June 20, 2024
Atlanta, GA

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


Learn More
Consulting Top Consultants 2024
June 27, 2024
New York

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More
Elite Trial Lawyers 2024
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
Go to Events Go to Webcasts
Vice President of Legal Affairs and General Counsel

Vice President of Legal Affairs and General Counsel Department: Office of the General Counsel Reports To: University President Posi...


Apply Now ›
Litigation Associate

Cole Schotz P.C.Litigation Associate New Jersey OfficeProminent mid-Atlantic law firm with multiple regional office locations seeks an assoc...


Apply Now ›
Aviation Associate (Alternate Track) - New York, NY

Description: Fox Rothschild has an opening in the New York, NY office for a non-partnership track litigation associate. The ideal candidate ...


Apply Now ›
Go to Lawjobs
Clifford Law Offices, PC
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Go to Professional Announcements