Toomer v. State
292 Ga. 49
Ga.2012Background
- Appellant Kasaem Toomer was convicted in 2009 of malice murder and related offenses for the death of Justin Cox.
- Cox died after an incident in Albany, Georgia, with a fatal head injury and drowning; a heavy ring (like brass knuckles) was recovered.
- Cox’s phone records showed numerous calls between Cox and Toomer in the days before the death, leading to multiple police interviews.
- Toomer waived Miranda rights and gave several statements during interviews on Oct. 11, 12, 15, and 17, 2007, including a later four-page statement.
- Defense conceded Toomer punched Cox and that Cox died as a result; defense urged voluntary manslaughter, while the State argued malice murder and felony murder based on the assault and resulting death.
- Post-trial, the court rejected Batson challenges alleging racially discriminatory peremptory strikes; Toomer also challenged trial counsel’s effectiveness and the admissibility impact of certain interview evidence; the court affirmed the convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Batson challenge was properly resolved | Toomer argues the State failed to offer valid race-neutral explanations | State contends explanations were facially race-neutral (demeanor, body language) | Batson claim denied; explanations facially race-neutral; trial court’s step-three assessment respected |
| Whether trial counsel was ineffective | Toomer asserts deficient performance affected outcome | State argues no prejudice shown | No ineffective-assistance reversal; no reasonable probability of different result |
| Whether admission of certain police interview segments and bad-character references affected the verdict | Toomer claims prejudicial admission of probation/arrest evidence | State contends evidence was weakly connected and properly limited | Claim forfeited by failure to object; no reversible error shown |
| Whether evidence was sufficient to support malice murder and related convictions | Toomer contends trial lacked sufficient proof of malice | State asserts sufficient corroborated evidence and credibility determinations for jury to convict | Sufficient evidence to sustain guilty verdicts under Jackson v. Virginia |
Key Cases Cited
- Batson v. Kentucky, 472 U.S. 79 (1986) (peremptory strikes must not be racially motivated; three-step Batson test)
- Purkett v. Elem, 514 U.S. 765 (1995) (step-two race-neutral explanations need not be persuasive; facial validity governs)
- Snyder v. Louisiana, 552 U.S. 472 (2008) (demeanor-based explanations may be race-neutral at Batson step two)
- Rose v. State, 287 Ga. 238 (2010) (Georgia allows race-neutral explanations to satisfy Batson step two regardless of case-relatedness)
- Arrington v. State, 286 Ga. 335 (2009) (recognizes facially race-neutral explanations (like demeanor) as valid at Batson step two)
- Walton v. State, 267 Ga. 713 (1997) (cautions against relying on trial court-generated explanations at Batson step two; preserved for discussion by dissent)