Bates v. State
322 Ga. App. 319
Ga. Ct. App.2013Background
- Bates escaped Hancock County jail around June 27, 2006 and shortly after burglarized a first victim's pickup truck, taking a hunting knife.
- Three days after the escape, the second victim found Bates in his Baldwin County lake house; Bates was identified by the second victim from a photographic lineup and at trial.
- The second victim observed Bates at close range in good light for several seconds, providing a description and later identification.
- Bates allegedly assaulted the third victim, an elderly woman, breaking her optic nerve and leaving in her 1999 Chevrolet Lumina, which later carried latent fingerprint material.
- Police later processed the Lumina; Philadelphia officers testified about a latent fingerprint lift and a matching print to Bates.
- Following trial, Bates was convicted of entering an automobile, two counts of burglary, aggravated battery, and theft by taking; he appeals asserting multiple trial errors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Bates argues verdicts are against the evidence. | Bates contends evidence fails to support guilt beyond a reasonable doubt. | Evidence sufficient under Jackson v. Virginia. |
| Change of venue | Bates claims pretrial publicity tainted the trial setting. | Venue denial was within the trial court’s discretion. | Abuse of discretion not shown; venue denial affirmed. |
| Denial of motions to strike jurors for cause | Bates asserts seven jurors should have been struck for cause due to knowledge/bias. | Jurors could be fair and impartial despite exposure to case details. | No abuse of discretion; jurors could lay aside impressions and decide case on evidence. |
| Identification procedures—pretrial and in-court | Bates challenges pretrial identification as tainted by detective's suggestion. | Totality of circumstances supports reliability; no irreparable misidentification. | Pretrial identification adequate; no due process violation. |
| Ineffective assistance of trial counsel | Counsel failed to strike certain jurors and needed mitigation evidence. | Counsel acted within reasonable professional standards; no prejudice shown. | No ineffective assistance; cumulative claims do not establish prejudice. |
Key Cases Cited
- Reese v. State, 270 Ga. App. 522 (Ga. App. 2004) (standard of review for sufficiency of evidence; view in light favorable to verdict)
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (sufficiency of evidence standard to sustain verdict)
- Neal v. Biggers, 409 U.S. 188 (U.S. Supreme Court 1972) (reliability factors for identification; avoid irreparable misid.)
- Chancey v. State, 256 Ga. 415 (Ga. 1986) (pretrial publicity and venue discretion in Georgia)
- Garland v. State, 263 Ga. 495 (Ga. 1993) (juror bias; not every exposure to case requires dismissal for cause)
- McWhorter v. State, 271 Ga. 461 (Ga. 1999) (virtually all venire familiar with case; limited number excused for cause)
- Davis v. State, 229 Ga. App. 787 (Ga. App. 1997) (acquaintance with victim does not require per se disqualification)
- Graham v. State, 273 Ga. App. 187 (Ga. App. 2005) (identification reliability under totality of circumstances)
- Johnson v. State, 234 Ga. App. 21 (Ga. App. 1998) (in-court ID despite improper pretrial procedure)
- Tubbs v. State, 283 Ga. App. 578 (Ga. App. 2007) (hearsay distinction for fingerprint card)