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Veasey v. State
311 Ga. App. 762
Ga. Ct. App.
2011
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Background

  • 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)
Read the full case

Case Details

Case Name: Veasey v. State
Court Name: Court of Appeals of Georgia
Date Published: Sep 21, 2011
Citation: 311 Ga. App. 762
Docket Number: A11A1434
Court Abbreviation: Ga. Ct. App.