McCLARIN v. State
289 Ga. 180
| Ga. | 2011Background
- McClarin was convicted by jury of malice murder and related offenses for the shooting death of Mac Mayer.
- Lillard, Mayer’s mother, was robbed and shot; Mayer died from a gunshot wound to the heart and lungs.
- Wells, who witnessed the incident, identified McClarin in a lineup; Lillard also identified him.
- Defense evidence potential: two medical evaluations suggesting congenital hip defect affecting running; evidence not admitted.
- Defense theory relied on impeaching witnesses with the medical reports; the defense did not call witnesses at a motion for new trial.
- Trial court denied new trial; the Supreme Court of Georgia affirmed the conviction on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to support guilt | McClarin | State | Evidence sufficient to sustain guilt beyond a reasonable doubt |
| Ineffective assistance of trial counsel—failure to introduce medical records | McClarin | State | No prejudice shown; absence of witness testimony at motion for new trial made prejudice speculative |
| Prosecutor's comments on defendant's right to remain silent during trial | McClarin | State | First comment not reversible error; second closing argument waived due to no objection |
| Whether trial error in statements about right to counsel/remaining silent warrants reversal | McClarin | State | No error; Rowe control supports no reversal |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (sufficiency of evidence standard under Jackson)
- Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court 1984) (ineffective assistance standard)
- Jones v. State, 288 Ga. 431 (2011) (partial waiver of ineffectiveness inquiry when prejudice shown lacking)
- Dickens v. State, 280 Ga. 320 (2006) (prejudice must be shown; lack of testimony undermines showing)
- Boatwright v. State, 281 Ga.App. 560 (2006) (prejudice proof requires more than failure to call witness; impeachment impact)
- Rowe v. State, 276 Ga. 800 (2003) (custodial interrogation comments regarding right to counsel do not always require reversal)
- Mullins v. State, 270 Ga. 450 (1999) (contemporaneous objection required to preserve soundness of argument)