Veasey v. State
311 Ga. App. 762
Ga. Ct. App.2011Background
- Veasey was convicted by jury of robbery, two counts of fleeing and attempting to elude, and various traffic offenses.
- The victim, a 67-year-old woman, was followed in a grocery store and robbed in the parking lot after a struggle over her purse.
- A high-speed pursuit occurred, Veasey fled into Florida and was ejected from his car after crashing.
- Evidence included items stolen from the victim found on Veasey and the victim’s purse recovered from his car.
- The State dismissed some counts; Veasey was convicted on the remaining charged offenses.
- On appeal, Veasey challenged the sufficiency of the evidence, a Batson challenge, and alleged ineffective assistance of counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to convict | Veasey argues identification and discovery were insufficient | State contends evidence tied Veasey to the robbery | Evidence sufficient to support convictions |
| Batson challenge on jury strikes | Veasey asserts racial discrimination in strikes | State offered neutral, race-balanced explanations | Batson challenge overruled; reasons deemed race-neutral and record adequate |
| Ineffective assistance of counsel claims | Counsel failed to object to hearsay, challenged in-court ID, and object to foundation | Counsel acted within strategic norms and objections would be futile or meritless | No ineffective assistance; claims without merit on the record because objections would have been futile or meritless |
Key Cases Cited
- Purkett v. Elem, 514 U.S. 765 (U.S. 1995) (peremptory challenge race-neutral explanations need not be persuasive)
- Cooper v. State, 220 Ga.App. 531 (Ga. Ct. App. 1996) (requirements for Batson race-neutral explanations and deference to trial court)
- Powell v. State, 310 Ga.App. 144 (Ga. Ct. App. 2011) (evidence sufficiency review after conviction; defer to jury verdict)
- Chapman v. State, 273 Ga. 348 (Ga. 2001) (ineffective assistance standard; prejudice inquiry)
- Moore v. State, 278 Ga. 397 (Ga. 2004) (harmless error under overwhelming evidence)
