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Ivey v. State

The witness's failure to identify the defendant before trial did not invalidate his in-court identification of defendant as one of the robbers.

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John Alvin Ivey was found guilty by a jury of malice murder and various other offenses, in connection with the armed robbery of a Hardee’s restaurant, and the shooting death of its manager, Robert Ellis.1 Ivey appeals from the denial of his motion for new trial, raising a Batson 2 claim, and challenging several evidentiary rulings of the trial court. Finding no error, we affirm. Ivey, along with accomplices Ellis Dukes, Jr., Travis Quarterman, and Mark Dewayne Rozier, devised a plan to rob a Hardee’s restaurant where Quarterman was employed. Earlier on the evening of the robbery, Ivey told a friend that he was going to “hit” the Hardee’s, and he asked the friend to accompany him; Ivey had a silver .32 caliber handgun with him. The friend declined.

Later that night, Ivey, Dukes, and Rozier drove to the restaurant. Ivey, wearing a ski mask and wielding a gun, entered the restaurant and jumped over the counter, forcing Ellis to the back of the store where he fatally shot him in the head.3 There were two other employees in the store at the time as well as two customers; all were held at gunpoint. Ivey demanded that the other employees open the safe and cash register. Employee Kelly Ellison handed Ivey the contents of the cash registers, which amounted to $89. Ivey replied, “I actually killed a man on this right here,” whereupon the perpetrators fled from the scene.

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