Reeves v. State
288 Ga. 545
| Ga. | 2011Background
- After 6:30 p.m. on July 26, 2006, Reeves fired several shots into a vehicle where Cuthbert was killed and Polite injured.
- Reeves was about four feet from the vehicle, unmasked, and looked directly at Polite, who recognized him by the street name 'Pig.'
- Polite fled in a different vehicle driven by Adams and later identified Reeves in a photographic lineup after a composite sketch matched Reeves to the suspect.
- Reeves was known as 'Pig' and had multiple prior felony convictions, tying him to the crimes in the witnesses’ accounts.
- Polite’s identification and the forensic/composite evidence, viewed together, supported a rational finding of guilt beyond a reasonable doubt; the defense challenged credibility, but the jury weighed eyewitness testimony as the factfinder.
- The record also reflects Reeves’ appeal focused on eyewitness credibility, sufficiency of evidence, alibi witness, and hearsay-related objections, all addressed by the court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the evidence legally sufficient to convict beyond a reasonable doubt? | Reeves argues eyewitness ID was sole link; credibility unresolved. | Prosecution cited strong identification and corroborating facts. | Yes; evidence was sufficient to support the verdicts beyond a reasonable doubt. |
| Was trial counsel ineffective for not moving for a continuance to call an alibi witness? | Counsel failed to pursue available alibi despite subpoena. | Alibi witness reluctant; decision was strategic after consultation with Reeves. | No ineffective assistance; tactical decision to proceed without the alibi witness was reasonable. |
| Did the court err in admitting detective testimony about Hawkins and Heyward not coming to court? | Defense challenged hearsay and relevance of absence of cooperation. | Statements admissible to explain officer conduct under OCGA 24-3-2; harmless even if hearsay. | Admissible to explain police conduct; also cumulative, but not reversible error. |
Key Cases Cited
- Frazier v. State, 305 Ga.App. 274 (2010) (eyewitness credibility for jury to resolve)
- Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency of evidence standard)
- Wornum v. State, 285 Ga. 168 (2009) (sufficiency review applies under Jackson v. Virginia)
- Orr v. State, 281 Ga. 112 (2006) (general sufficiency/standard guidance)
- Suggs v. State, 272 Ga. 85 (2000) (independent appellate review of facts and law)
- Woods v. State, 275 Ga. 844 (2002) (ineffectiveness review; strategic decisions honored)
- Nelson v. State, 242 Ga.App. 63 (2000) (tactical decisions regarding witnesses)
- Holmes v. State, 266 Ga. 530 (1996) (admission to explain investigative conduct)
- Graham v. State, 269 Ga.App. 590 (2004) (cumulative evidence considerations)
- Bagwell v. State, 270 Ga. 175 (1998) (cumulative evidence; harmless error)
- Teague v. State, 252 Ga. 534 (1984) (exceptional occasions for explaining police conduct)
- Momon v. State, 249 Ga. 865 (1982) (foundational hearsay principles)