Bun v. State
296 Ga. 549
Ga.2015Background
- On July 20, 2011, then-17-year-old Veasa Bun shot and killed Sheriff’s Deputy Richard Daly after officers stopped a vehicle in which Bun was a passenger; Bun fled and fired at other officers.
- A Clayton County jury convicted Bun of malice murder and multiple related offenses; felony murder was vacated and one aggravated-assault count merged into malice murder.
- Trial court sentenced Bun to life without parole for malice murder plus a consecutive 70 years for other convictions; Bun’s new‑trial motion was denied and he appealed.
- Bun argued (1) life without parole for a juvenile homicide offender is cruel and unusual under the U.S. and Georgia Constitutions (invoking Roper, Graham, Miller), and (2) ineffective assistance of counsel for failing to object to sentencing‑phase testimony by a former juvenile judge, Tracy Graham‑Lawson.
- The trial court considered Bun’s juvenile record and youth at sentencing; defense counsel testified he chose not to object to Lawson’s testimony because he believed it admissible and did not want to appear to be concealing evidence.
Issues
| Issue | Plaintiff's Argument (Bun) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether imposing life without parole on a juvenile homicide offender violates the Eighth Amendment or Georgia Constitution | Roper/Graham/Miller show juveniles’ diminished culpability; Miller requires sentencing discretion and precludes LWOP for juveniles as cruel and unusual | Supreme Court decisions permit discretionary LWOP in homicide cases; Georgia statute gives sentencing discretion and the trial court considered youth and mitigating factors | Court affirmed: federal precedent does not categorically bar LWOP for juvenile homicide offenders; Georgia law permits discretionary LWOP after consideration of youth (appeal on this ground denied) |
| Whether trial counsel rendered ineffective assistance by not objecting to testimony of a former juvenile judge (Lawson) at sentencing | Counsel should have objected to Lawson’s testimony (ethical impropriety / appearance of impropriety); her opinion testimony about Bun’s incurability was prejudicial | The Code of Judicial Conduct does not apply because Lawson was not acting as a judge when she testified; objection would have been meritless, so no deficient performance | Court affirmed: no ineffective assistance because failing to make a meritless objection is not deficient; juvenile records were admissible at sentencing and counsel made a tactical choice |
| Sufficiency of the evidence supporting convictions | (implicit) jury verdict reasonable given facts | State: evidence supports convictions | Court held evidence sufficient under Jackson v. Virginia and affirmed convictions |
Key Cases Cited
- Roper v. Simmons, 543 U.S. 551 (2005) (death penalty unconstitutional for juvenile offenders due to diminished culpability)
- Graham v. Florida, 560 U.S. 48 (2010) (LWOP unconstitutional for juvenile non‑homicide offenders)
- Miller v. Alabama, 567 U.S. 460 (2012) (mandatory LWOP for juveniles unconstitutional; sentencer must consider youth)
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency of the evidence review)
- Strickland v. Washington, 466 U.S. 668 (1984) (two‑prong test for ineffective assistance of counsel)
- Foster v. State, 294 Ga. 383 (2014) (Georgia decision holding Roper/Graham/Miller do not categorically bar LWOP for juvenile homicide offenders)