Commonwealth v. McGorman
2016 Ky. LEXIS 102
Ky.2016Background
- In Jan 2000, 14‑year‑old Christopher McGorman lured and fatally shot Larry Raney; body and weapon were discovered at McGorman's residence and nearby field. McGorman made inculpatory admissions and a taped confession to police six days later.
- McGorman was indicted for murder, first‑degree burglary, and defacing a firearm; he raised insanity/mental‑illness defenses, was found competent pretrial, tried by jury, convicted, and sentenced to life (concurrent lesser terms).
- McGorman filed post‑conviction claims (RCr 11.42 and CR 60.02), alleging ineffective assistance of counsel (pretrial and trial), prosecutorial misconduct, evidentiary errors, and failure to convey a 20‑year plea offer.
- The circuit court denied most claims after record review and held an evidentiary hearing on two issues (pretrial counsel permitting interview/confession and a competency/mistrial issue from his viewing the trial via closed‑circuit TV); it denied relief after that hearing.
- The Court of Appeals reversed in part, ordering a new trial for ineffective assistance re: the pretrial confession and remanding for an evidentiary hearing about the alleged 20‑year plea offer.
- The Kentucky Supreme Court (this opinion) affirms in part, reverses in part, and remands to the circuit court for an evidentiary hearing limited to whether a 20‑year plea offer was made and conveyed; it rejects reversal based on other ineffective‑assistance and trial/fair‑trial claims.
Issues
| Issue | Plaintiff's Argument (McGorman) | Defendant's Argument (Commonwealth / Counsel) | Held |
|---|---|---|---|
| Whether counsel erred by not renewing competency hearing when McGorman rocked and viewed trial from law library | McGorman: behavior showed incompetency; counsel/trial court should have sought new competency evaluation or mistrial | Defense: pretrial competency found; observed behavior consistent with medication/anxiety and experts found no new competency issue | Held: No error — evidence supported no new competency determination required; counsel's choice reasonable |
| Whether counsel was ineffective in waiving McGorman’s presence (removal to view via closed‑circuit TV) | McGorman: right to be present is personal and cannot be waived by counsel; absence prejudiced his defense | Defense: counsel requested removal for strategy (avoid juror inference of malingering); McGorman could view proceedings and confer with counsel during breaks | Held: Waiver by counsel was reasonable trial strategy; even if error, no prejudice shown |
| Whether trial counsel erred by not challenging Commonwealth mental‑health expert (Daubert/SIRS), admission of unrelated guns, or prosecutor's closing remarks | McGorman: failed to exclude expert's methods, should have objected to irrelevant weapons, and failed to object to improper closing argument | Defense: counsel effectively cross‑examined expert; guns were minor in light of extensive inculpatory evidence; challenged prosecutor's remarks were fair response to defense closing | Held: No relief — record conclusively disproved prejudice; counsel’s performance reasonable |
| Whether pretrial counsel was ineffective for allowing/encouraging McGorman to give a taped confession without psychiatric evaluation or consulting prosecutor | McGorman: counsel should have investigated mental status first and consulted prosecutor; permitting confession was unreasonable and prejudiced insanity defense | Defense: overwhelming inculpatory evidence; strategy to implicate older accomplice (Cameron) was reasonable under circumstances; counsel consulted team and family before interview | Held: Majority — counsel’s strategy was reasonable; Court of Appeals’ reversal on this ground reversed. (Concurring justice dissents on this point.) |
| Whether an evidentiary hearing was required on alleged 20‑year plea offer and failure to convey it | McGorman: counsel received but did not convey 20‑year offer; needs hearing to resolve fact and potential Strickland prejudice | Defense: record unclear; trial court denied without full hearing | Held: Remand for an evidentiary hearing limited to whether a 20‑year plea offer was made and conveyed; if proven, appropriate relief required |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two‑part ineffective assistance standard: deficient performance and prejudice)
- Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (U.S. 1993) (trial judge’s gatekeeping role for scientific expert admissibility)
- Gall v. Commonwealth, 702 S.W.2d 37 (Ky. 1985) (Kentucky adoption of Strickland standard)
- Major v. Commonwealth, 177 S.W.3d 700 (Ky. 2005) (uncharged/weapons evidence lacking nexus to crime may be inadmissible)
- Fugate v. Commonwealth, 62 S.W.3d 15 (Ky. 2001) (counsel may waive defendant’s presence in certain proceedings)