Bester v. State
294 Ga. 195
| Ga. | 2013Background
- Bester, convicted of malice murder and sodomy, challenges trial counsel performance and a Batson claim.
- Evidence showed dismembered timing around Oct 25–26, 2008; Sims helped locate device; body found next day; Bester’s cell phone, glasses, and car evidence linked to crime scene.
- DNA from semen in victim matched Bester; tire tracks and shoes tied to his car and footwear.
- Jury found Bester guilty on all counts; malice murder and aggravated assault predicated on strangulation; felony murder verdict vacated by operation of law.
- Trial court sentenced Bester to life without parole for malice murder and 20 years concurrent for aggravated assault and sodomy; aggravated assault vacated due to merger with malice murder.
- Appeals court affirmed malice murder and sodomy convictions but vacated aggravated assault due to merger.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance re juror challenges | Bester—counsel failed to strike jurors for cause. | State failed to show abuse of discretion; no fixed opinions.” | No reversible error; trial court could reasonably deny strikes. |
| Ineffective assistance re two jurors with ties to adoptions | Counsel should have struck jurors with potential bias. | Responses showed no fixed opinion; discretion to deny strikes valid. | No deficient performance; court acted within discretion. |
| Ineffective assistance re motion in limine on similar-transaction evidence | Counsel failed to file affecting admission of prior rape incident. | Counsel raised the issue at hearing; filing a redundant limine motion was unnecessary. | No deficient performance; evidence admissibility within court’s discretion. |
| Ineffective assistance re failure to request jury charges | Counsel should have requested additional or different charges. | Record shows no deficiency; charges covered by court’s instruction. | No reversible error; failure to request not ineffective assistance. |
| Batson claim of race-based peremptory strike | Prosecutor struck African-Americans with race-based intent. | Prosecutor provided race-neutral explanations; court found no discriminatory intent. | No clear error; Batson claim failed. |
Key Cases Cited
- Batson v. Kentucky, 474 U.S. 79 (U.S. 1986) (three-step Batson framework for racial discrimination in peremptory challenges)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency of evidence standard for federal due process)
- Coe v. State, 293 Ga. 233 (Ga. 2013) (juror knowledge as disqualification requires fixed opinion or bias)
- Billings v. State, 293 Ga. 99 (Ga. 2013) (trial counsel not deficient for failing to raise unpersuasive objections)
- Hernandez v. New York, 500 U.S. 352 (U.S. 1991) (disproportionate exclusion evidence as pretext for discrimination)
- Miller-El v. Dretke, 545 U.S. 231 (U.S. 2005) (pretext and disparity in treatment relevant to Batson step three)
- Toomer v. State, 292 Ga. 49 (Ga. 2012) (defensive Batson considerations and intent assessment)
- Bryant v. State, 288 Ga. 876 (Ga. 2011) (prior inconsistent statements admissible as substantive evidence)
- Alvelo v. State, 290 Ga. 609 (Ga. 2012) (merger principles affecting related convictions)
- Sifuentes v. State, 293 Ga. 441 (Ga. 2013) (Strickland prejudice prong viability when one prong fails)
- Young v. State, 292 Ga. 443 (Ga. 2013) (weighs necessity of showing deficient performance for ineffective assistance)