Marlow v. State, 288 Ga. 769

707 S.E.2d 95 (2011) · Supreme Court of Georgia · March 7, 2011 · No. S11A0228

Summary

The Supreme Court of Georgia affirmed Shannon Alan Marlow’s convictions for malice murder, felony murder, aggravated assault, and theft by receiving stolen property. The court held that the search warrant for the victim’s home was supported by probable cause because police reasonably inferred that keys to a stolen vehicle parked at the home were inside, and additional circumstances connected Marlow and the residence to the suspected evidence.

Holdings

  1. The evidence was sufficient for the jury to find Marlow guilty beyond a reasonable doubt of the offenses for which he was convicted.
  2. The search warrant for Rabold's home was supported by probable cause because the circumstances provided a substantial basis for concluding that the stolen vehicle's keys would be found inside the residence.

Questions Presented

  1. Whether the evidence was sufficient to support Marlow's convictions.
  2. Whether the search warrant for Rabold's home was supported by probable cause and whether the trial court erred by denying Marlow's motion to suppress evidence obtained after execution of the warrant.

Disposition

affirmed

Cases Cited (6)

  • Jackson v. Virginia, 443 U.S. 307, 99 S. Ct. 2781, 61 L. Ed. 2d 560 (1979)(followed)
  • Williams v. State, 251 Ga. 749, 795, 312 S.E.2d 40 (1983)(followed)
  • Murphy v. State, 238 Ga. 725, 727-728, 234 S.E.2d 911 (1977)(followed)
  • McClain v. State, 267 Ga. 378, 388-389(11), 477 S.E.2d 814 (1996)(followed)
  • Illinois v. Gates, 462 U.S. 213, 236(III), 103 S. Ct. 2317, 76 L. Ed. 2d 527 (1983)(followed)
  • Malcolm v. State, 263 Ga. 369(4), 434 S.E.2d 479 (1993)(followed)

Cited In (0)

No citing cases on record yet.

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