Reed v. State
309 Ga. App. 183
| Ga. Ct. App. | 2011Background
- Reed was convicted by a jury of two counts each of aggravated stalking and criminal trespass and sentenced to seven years with two in confinement.
- Victim had a long-term relationship with Reed, which ended, and she obtained protective orders after several violent incidents.
- Reed engaged in a pattern of stalking and property-damage acts including cutting brake lines, slashing tires, and computer/phone access by covertly monitoring her.
- The State introduced videotapes from 2005 showing Reed near the victim’s tires and testified to prior protective orders and violations.
- In 2009 Reed was involved in a Wal-Mart encounter with the victim which the State later sought to admit as similar transaction evidence, prompting a pretrial ruling.
- Reed raises claims of insufficient evidence, misclassification of similar transaction evidence, and ineffective assistance of counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Reed | Reed | Sufficient evidence to convict |
| Admissibility of Wal-Mart encounter as similar transaction | Reed | Reed | Admissible with limiting instructions; not proper similar transaction but admissible as evidence of relationship and intent |
| Ineffective assistance—hotel receipt foundation | Reed claims deficiencies | State-ct trial strategy-supported | No deficient performance or prejudice shown |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency review standard)
- Freeman v. State, 269 Ga.App. 435 (2004) (subsequent difficulties admissible; not required to follow USCR 31.3)
- Bond v. State, 283 Ga. App. 620 (2007) (relationship evidence admissible to show motive/intent)
- Hill v. State, 243 Ga.App. 124 (2000) (notice/limits for similar transaction evidence discussed)
- Walker v. State, 268 Ga.App. 669 (2004) (impeachment of witness; credibility considerations)
- Williams v. State, 293 Ga.App. 193 (2008) (trial strategy and alibi evidence considerations)
- Springs v. Seese, 274 Ga. 659 (2002) (ineffective assistance standard)