McLean v. State
297 Ga. 81
| Ga. | 2015Background
- McLean was convicted by a DeKalb County jury of murder, aggravated assault, and unlawful possession of a firearm during a felony for events on April 29, 2012.
- The incident occurred at Willie Geddis Jr.’s home, where McLean confronted Geddis Jr., Jones, and others, flashed a gun, and fired into the crowd, fatally wounding Jones.
- Geddis Jr. and his brothers wrestled McLean to the ground and held him until police arrived.
- McLean argues the trial court improperly commented on the evidence and that his counsel was ineffective for failing to object to a jury charge.
- The Georgia Supreme Court independently reviewed the record for legal sufficiency and affirmed the convictions.
- The court addressed issues about jury instructions on affirmative defenses and the effectiveness of trial counsel, ultimately concluding no reversible error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legal sufficiency of the evidence. | McLean concedes sufficiency. | Not applicable. | Evidence sufficient to sustain convictions. |
| Whether the jury instruction on affirmative defenses improperly admitted the acts. | Instruction implied admitted acts when defenses raised. | Court properly charged defenses and reflected applicable law. | No error under OCGA 17-8-57. |
| Ineffective assistance for failure to object to omission of defense-of-others charge. | Counsel's failure was ineffective prejudice. | Strategy to pursue self-defense was reasonable; prejudice not shown. | No ineffective assistance; prejudice not established. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency standard for reviewing evidence)
- Lightning v. State, 297 Ga. App. 54 (2009) (affirmative-defense charging requirements)
- Williams v. State, 180 Ga. App. 854 (1986) (defendant may be charged with defenses he asserts)
- Johnson v. State, 30 Ga. 426 (1860) (admission of the act for purposes of defenses may be discussed in charge)
- Allen v. State, 293 Ga. 626 (2013) (trial strategy supported by evidence may justify chosen defense)
- Bishop v. State, 271 Ga. 291 (1999) (trial court may charge multiple defenses)
- Waldrip v. Head, 279 Ga. 826 (2005) (prejudice inquiry in ineffective-assistance claims)
- Prince v. State, 295 Ga. 788 (2014) (weaker defense-of-others evidence affects prejudice assessment)
- Kimmelman v. Morrison, 477 U.S. 365 (1986) (standard for evaluating ineffectiveness claims)