McKiernan v. State
288 Ga. 140
| Ga. | 2010Background
- McKiernan shot his wife in the back of the head after a domestic dispute and disposed of the body in the woods.
- Initially claimed suicide, then suggested a burglar, then admitted the shooting but claimed it was accidental during a fight.
- He was indicted on malice murder, felony murder, aggravated assault, concealing a death, and weapon during the crime; pled guilty to felony murder on Jan 31, 2007.
- McKiernan moved to withdraw the plea on Feb 27, 2007; the motion was denied on May 18, 2010.
- He argued ineffective assistance of counsel and that the plea was not knowing/voluntary; the trial court and appellate review proceeded accordingly.
- The Supreme Court of Georgia affirmed the denial of the motion to withdraw the plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance—was counsel deficient and prejudicial | McKiernan | McKiernan | Counsel acted reasonably; no deficient performance shown |
| Knowingly and voluntarily entered guilty plea under Alford | McKiernan | State | Plea valid; Alford not required; record shows knowing/voluntary entry |
Key Cases Cited
- Jackson v. State, 285 Ga. 840 (Ga. 2009) (ineffective assistance standard for guilty-plea withdrawals)
- Duque v. State, 271 Ga. App. 154 (Ga. App. 2004) (Alford-plea analysis in Georgia)
- North Carolina v. Alford, 400 U.S. 25 (U.S. 1970) (validates accepting guilty plea despite asserted innocence under certain conditions)
- Smith v. State, 283 Ga. 237 (Ga. 2008) (trial counsel's strategic decisions evaluated under reasonableness standard)
