McBride v. State
291 Ga. 593
| Ga. | 2012Background
- McBride was convicted after a jury trial of malice murder and related offenses for the shooting death of Jessie Strickland.
- Strickland attempted to enter his car when McBride approached from behind and shot him in the head, then fired additional shots and fled.
- Several eyewitnesses identified McBride as the shooter.
- McBride challenged the trial court’s denial of his suppression motion and the exclusion of certain contested evidence.
- The court affirmed the judgment; McBride's sentence included life imprisonment for murder and additional terms for other counts.
- Indictment followed in 2006; trial occurred in 2007; appeal was filed in 2010 and decided in 2012.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Identification suppression denial | McBride argues police-suggestive lineup tainted ID. | State contends no impermissive suggestiveness or lingering impact. | No reversible error; identification reliable under totality of circumstances. |
| Lineup suggestiveness analysis | Newspaper photo influenced lineup identification. | No state action to publish McBride's photo; evidence still reliable. | No error; factors support reliability; no substantial likelihood of misidentification. |
| Admission of victim-drug evidence | Evidence of victim’s marijuana use/distribution is relevant to theory. | Evidence is speculative and improper character evidence. | Court did not abuse discretion in excluding the evidence. |
Key Cases Cited
- Semple v. State, 271 Ga. 416 (1999) (identification procedure state action requirement)
- Neil v. Biggers, 409 U.S. 188 (1972) (factors for reliability of identification)
- Gravitt v. State, 239 Ga. 709 (1977) (very substantial likelihood of irreparable misidentification test)
- Thomason v. State, 268 Ga. 298 (1997) (totality of circumstances in identification analysis)
- Messer v. State, 247 Ga. 316 (1981) (reliability governs identification outcome)
- Roseberry v. State, 274 Ga. 301 (2001) (victim’s character evidence requires factual nexus to issue)
- Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency of evidence standard for guilt)