McMahon v. State
308 Ga. App. 292
Ga. Ct. App.2011Background
- McMahon was convicted of making a false statement related to a matter within the jurisdiction of a government agency.
- The false statement concerned whether law enforcement had previously responded to her home for a domestic incident.
- Trial involved questioning about plea negotiations; McMahon argued the state impermissibly referred to plea negotiations.
- Evidence showed McMahon contacted the district attorney's office after a domestic incident and met with prosecutors and a victim advocate.
- The district attorney's investigator testified McMahon stated she did not recall a prior domestic incident, contrary to police records.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the plea negotiations reference required mistrial. | McMahon | State | No automatic mistrial; not a confession in plea context |
| Whether the record supports treating the DA's office as a government agency for §16-10-20. | McMahon | State | Record shows DA investigator; agency established |
| Whether appellate remand for ineffective assistance of trial counsel is appropriate. | McMahon | State | Remand for evidentiary hearing on ineffective assistance |
| Whether trial counsel was ineffective for not moving to disqualify a witness or for not moving for mistrial on plea references. | McMahon | State | No per se ineffectiveness; record discloses no reversible error |
Key Cases Cited
- Berry v. State, 274 Ga.App. 366 (2005) (evidence viewed favorably to jury; domestic incident context)
- Gray v. State, 240 Ga.App. 716 (1999) (plea negotiations and admissibility of confessions)
- Carter v. State, 90 Ga.App. 61 (1954) (definition of a confession)
- Wilson v. State, 304 Ga.App. 743 (2010) (reference to plea negotiations—fact-specific distinction)
- Fortson v. Hopper, 242 Ga. 81 (1978) (plea negotiation context; disqualification issues)
- Gutierrez v. State, 235 Ga.App. 878 (1998) (court instructions to cure improper impressions)
- Pinkston v. State, 277 Ga.App. 432 (2006) (remand for ineffective assistance claims)
- Gomillion v. State, 236 Ga.App. 14 (1999) (remand procedures for ineffective assistance)