McCoy v. State
292 Ga. 296
| Ga. | 2013Background
- Appellant Nicholas McCoy was convicted of malice murder and firearm offense for the death of Christopher Duhart.
- A security guard identified McCoy at the scene, pursuing him after gunshots were heard.
- Witnesses placed McCoy and victim arguing before the shooting; later, the guard reported the shooting.
- Police conducted a videotaped custodial interview; McCoy was told he could leave after answering.
- The defense argued for suppression of the videotaped statement and a mistrial for drug-sale testimony, both denied on appeal.
- The trial court ruled the videotaped statement voluntary under Miranda and Jackson-Denno; a curative instruction was given regarding drug-selling testimony, and no mistrial was granted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Suppression of videotaped statement | McCoy: statement should be suppressed | State: voluntary after Miranda warnings | No suppression error; voluntary under Miranda/Jackson-Denno |
| Mistrial for drug-sale testimony | McCoy: mistrial required | State: curative instruction adequate; no preserved error | No reversible error; curative instruction upheld |
| Preservation of mistrial issue | McCoy preserved error | State: not preserved per Pearson | Not preserved; alternatively, no abuse of discretion |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency of evidence review)
- Jackson v. Denno, 378 U.S. 368 (U.S. 1964) (facial validity of voluntariness determination)
- Vergara v. State, 283 Ga. 175 (Ga. 2008) (accept trial findings on disputed facts but apply law independently)
- Brinson v. State, 289 Ga. 551 (Ga. 2011) (discretion in ruling on mistrial; not disturbed absent error)
- Rafi v. State, 289 Ga. 716 (Ga. 2011) (curative instruction after drug testimony not error)