McCray v. State
301 Ga. 241
Ga.2017Background
- McCray shot and killed Darius Grover after a confrontation arising from jealousy over Grover’s relationship with McCray’s former girlfriend; Grover died of multiple gunshot wounds, some to his back.
- Witnesses and McCray’s videotaped custodial statement placed McCray following the men, hiding under stairs, emerging, taunting Grover, and firing multiple shots while Grover’s back was turned; Grover fired once.
- McCray’s sole defense at trial was self-defense/justification. The jury convicted him of malice murder (aggravated assault merged), possession of a firearm during a felony, and he received life with parole plus a consecutive five-year term.
- McCray moved to suppress his custodial statement and raised multiple trial-evidence and closing-argument objections; the trial court denied suppression and admitted the statement and various evidence (some objections waived).
- The Supreme Court of Georgia affirmed the conviction, rejecting McCray’s challenges to sufficiency, suppression/voluntariness/Brady, several evidentiary rulings, and concluding prosecutorial closing error was unpreserved.
Issues
| Issue | McCray's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence / self-defense | Evidence insufficient; State failed to disprove self-defense beyond a reasonable doubt | Jury could credit witnesses showing McCray ambushed and fired on Grover; evidence supports intentional killing | Affirmed — evidence sufficient; jury could reject self-defense and find McCray guilty beyond a reasonable doubt (Jackson standard) |
| Suppression / Miranda, voluntariness, Brady | Statement should be suppressed because he was interviewed before warnings, was induced to turn himself in, and missing initial waiver is Brady material | Officer testified Miranda warnings were given before incriminating statements; calls urging surrender not promises of benefit; initial waiver not favorable evidence | Affirmed — trial court credited officer testimony; no Seibert or voluntariness/Brady violation shown |
| Use of term "victim" and related in limine rulings | State’s repeated references to Grover as "victim" improperly comment on evidence and preempt jury’s self-defense determination | The record made defendant’s admissions and self-defense claim clear; courts may use discretion on labels | Affirmed — denial of motion in limine not reversible abuse of discretion; issue not preserved as harmful error |
| Prosecutor’s closing acting as victim (victim-impact style) | Closing was improper, prejudicial, and should excuse failure to object | Defense failed to object at trial; closing argument objections waived; no plain-error review for such remarks | Affirmed — strongly disapproved but not preserved; no new trial granted |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes standard for sufficiency of evidence to sustain a conviction)
- Miranda v. Arizona, 384 U.S. 436 (requires custodial warnings before interrogation)
- Missouri v. Seibert, 542 U.S. 600 (addresses two-stage interrogation and post-warning confessions)
- Brady v. Maryland, 373 U.S. 83 (prosecution’s duty to disclose favorable evidence)
- Bradford v. State, 299 Ga. 880 (jury may reject self-defense evidence when conflicts exist)
- Anthony v. State, 298 Ga. 827 (same principle regarding jury determination of self-defense)
- Stubbs v. State, 265 Ga. 883 (distinguishes direct vs. circumstantial evidence)