McLean v. State
291 Ga. 873
| Ga. | 2012Background
- McLean appeals his conviction for felony murder in Phillips’s shooting death in Clayton County, GA.
- McLean, Herbert, and two others planned to rob Phillips after initially meeting to buy marijuana; McLean fatally shot Phillips.
- Thomas and McMillian testified; Slim did not appear at trial.
- The jury found McLean guilty of felony murder and other counts; Herbert’s conviction affirmed.
- McLean raised claims on sufficiency of the evidence, severance, Bruton confrontation, jury instructions, and ineffective assistance of counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to support felony murder | McLean argues the evidence is unreliable and insufficient | State contends the evidence supports guilt beyond a reasonable doubt | Evidence sufficient to sustain verdicts under Jackson v. Virginia |
| Denial of severance as to McLean and Herbert | Severance was needed due to antagonistic defenses | Joint trial permissible where defenses not prejudicially prejudicial | No abuse of discretion; no showing of prejudice from joint trial |
| Bruton confrontation issue regarding co-defendant’s statements | Co-defendant’s statements violated Bruton when implicating McLean | Statements did not directly implicate McLean; not Bruton error | No Bruton violation; admission fell outside Bruton’s scope |
| Ineffective assistance of counsel regarding jury instructions | Counsel failed to request pattern instructions (equal access, identification) and not to request a not-guilty-for-one-defendant instruction | No deficient performance; instructions read as a whole correctly conveyed law | No deficient performance; no reasonable probability of different outcome |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard: no reweighing of evidence by appellate court)
- Bruton v. United States, 391 U.S. 123 (U.S. 1968) (co-defendant's confession against defendant in joint trial violates confrontation right)
- Butler v. State, 290 Ga. 412 (Ga. 2012) (severance proper discretion factors; antagonistic defenses alone not enough)
- Herbert v. State, 288 Ga. 843 (Ga. 2011) (related co-defendant’s conviction; admissibility considerations)
- Burns v. State, 280 Ga. 24 (Ga. 2005) (Bruton scope and severability issues clarified)
- Weems v. State, 268 Ga. 515 (Ga. 1997) (no requirement of warning jury about mistaken identification in every case)
- Springs v. Seese, 274 Ga. 659 (Ga. 2002) (general principles of misidentification defense in jury instructions)
- Nicholson v. State, 265 Ga. 711 (Ga. 1995) (better practice vs. harmless error in pattern instructions)
- Duvall v. State, 290 Ga. 475 (Ga. 2012) (standard for evaluating counsel performance and prejudice)