Veasley v. State
312 Ga. App. 728
| Ga. Ct. App. | 2011Background
- Veasley was convicted by Cobb County jury of burglary, felony obstruction, misdemeanor obstruction, giving a false name, and first-degree forgery.
- Victims, at about 11:20 p.m. on March 15, 2009, saw a black male with stocking cap ring their doorbell and later observed a white pickup truck.
- The same male returned with gloves; a crowbar was used to force the door; a plasma TV and other items were stolen.
- Responding officers saw Veasley driving a matching truck; he fled, discarded the crowbar, truck key, driver’s license, and money as he ran.
- Veasley was captured; he gave a false name, “Travis Williams,” which he repeated at the jail and on intake documents.
- The truck contained the stolen TV, other electronics, gloves, caps, a wallet, and a notebook with Cobb County addresses and item valuations.
- The trial court denied a directed verdict; on appeal, Veasley challenged sufficiency of the evidence and claimed ineffective assistance of counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the evidence sufficient to convict Veasley of burglary? | Veasley’s guilt not positively placed at the scene. | Lack of positive placement defeats guilt; officers were lawfully discharging duties only if Veasley wasn’t the burglar. | Evidence, viewed most favorably, sufficed to support guilt. |
| Did Veasley receive ineffective assistance of counsel based on misidentification defense and directed-verdict strategy? | Counsel failed to present misidentification defenses and a targeted directed-verdict motion. | No prejudice shown; sufficient evidence; no reasonable probability of different outcome. | No prejudicial deficiency; trial court’s denial of new trial affirmed. |
Key Cases Cited
- Robinson v. State, 277 Ga. 75 (2003) (prejudice element in ineffective assistance analysis)
- Grant v. State, 307 Ga. App. 681 (2011) (circumstantial evidence standards; reasonable hypotheses for jury to resolve)
- Chambers v. State, 288 Ga. App. 550 (2007) (evidence of recent possession may support burglary inference)
