Van Alstine v. State

James Earl Van Alstine's conviction for felony murder was affirmed, Van Alstine v. State, 261 Ga. 819 (413 S.E.2d 735) (1992), but we remanded the case for a hearing on his claim of ineffective assistance of counsel. Id. at 820 (2). The trial court conducted the hearing and denied his claim. Van Alstine appeals. The evidence at trial established that an exchange of insults occurred after the car in which appellant was a passenger made minor contact with the victim's vehicle on a city street. Both vehicles then proceeded slowly through rush hour traffic and merged onto an interstate highway. The State introduced evidence that appellant's car hunted down the victim's vehicle and that appellant fired his handgun at the victim, who returned fire with his own weapon before succumbing to his wounds. Appellant's defense was that the victim initiated the gunfight by firing into appellant's car and wounding one of appellant's sons, and that appellant fired back in order to protect himself and his sons.