Lee v. State
316 Ga. App. 227
| Ga. Ct. App. | 2012Background
- Lee was convicted of aggravated assault, armed robbery, and concealing the death of another person in 2005 for the Stinson shooting; accomplice Blue testified against him.
- On direct appeal, Lee contends trial counsel failed to investigate evidence contradicting Blue, failed to object to admissible or inadmissible hearsay, and failed to introduce evidence of age difference between Lee and Blue.
- This is Lee I’s remand for an evidentiary hearing on ineffective assistance; the trial court denied relief, and appellate court reviews de novo with Strickland’s deficient performance and prejudice framework.
- Lee’s defense theory was Blue acted alone and Lee was not present; the State’s evidence included Blue’s testimony and physical/forensic gaps as to Lee’s involvement.
- The appellate court affirmed, holding no deficient performance or prejudice shown under Strickland; several challenged strategies were reasonable trial tactics and lack of prejudice forecloses relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffectiveness for not presenting layout evidence | Lee argues layout evidence refutes Blue | Lee's counsel reasonably relied on Blue's account | No ineffective assistance; no prejudice shown |
| Ineffectiveness for not impeaching with detective note | Note would rebut Blue’s credibility | Note irrelevant to defense strategy | No ineffective assistance; no prejudice shown |
| Ineffectiveness for not introducing age disparity specifics | Age disparity would influence jurors | Non-specific evidence insufficient to show prejudice | No ineffective assistance; no prejudice shown |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (establishes two-prong standard for ineffective assistance of counsel)
- Johnson v. State, 287 Ga. 767 (2010) (Georgia standard; non-determinative on one prong may skip other)
- Lee I, 308 Ga. App. 711 (2011) (recounts factual background and prior findings)
- Ware v. State, 273 Ga. 16 (2000) (harmless error for admissible/cumulative evidence)
- Page v. State, 304 Ga. App. 59 (2010) (speculative harm not enough to show prejudice)
- Scott v. State, 290 Ga. 883 (2012) (reasonable trial strategy not ineffective assistance)
- Watts v. State, 304 Ga. App. 632 (2010) (cross-examination, credibility decisions fall within trial tactics)