McBride v. State
314 Ga. App. 725
Ga. Ct. App.2012Background
- McBride was convicted by a jury of aggravated assault, aggravated battery, simple battery, obstruction of an emergency telephone call, and three counts of obstruction of an officer; he received a 35-year sentence, with 20 years in confinement.
- McBride history includes multiple admissions to Central State Hospital for psychiatric care.
- A 2008 incident: McBride assaulted his mother, restrained her, and pulled the phone cord to prevent her calling for help; he then stabbed a police officer when the door was opened.
- Police response involved trying to engage McBride, with him initially refusing to come out and later striking officers with a fan and resisting capture.
- A competency/insanity defense was raised; McBride refused to cooperate with court-appointed evaluators, affecting the insanity defense and trial strategy.
- The trial court denied McBride’s request for a mistrial based on his non-cooperation, and the court denied submitting an insanity defense charge due to lack of evidence of insanity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Insanity defense instruction required? | McBride asserts entitlement to jury instruction on not guilty by insanity. | State contends no insanity issue was raised by evidence; McBride did not present insanity evidence. | No error; insufficient evidence of insanity; instruction properly declined. |
| Mistrial due to non-cooperation warranted? | McBride argues non-cooperation justified mistrial. | State asserts court did not abuse discretion; cooperation issues insufficient to sanction mistrial. | No abuse of discretion; mistrial not warranted. |
Key Cases Cited
- Motes v. State, 256 Ga. 831, 353 S.E.2d 348 (Ga. 1987) (insanity defense not requiring expert testimony; if raised, jury instruction may be required)
- Smith v. State, 180 Ga. App. 278, 349 S.E.2d 26 (Ga. App. 1986) (insanity issue not raised by evidence; refusal to submit no error)
- Morgan v. State, 224 Ga. 604, 163 S.E.2d 690 (Ga. 1968) (insanity at time of crime; need for evidence to require jury instruction)
- Perkinson v. State, 279 Ga. 232, 610 S.E.2d 533 (Ga. 2005) (abuse of discretion standard for mistrial due to defense cooperation)
- Potts v. State, 241 Ga. 67, 243 S.E.2d 510 (Ga. 1978) (appellant cannot obtain reversal for errors he induced)