McMullen v. State
300 Ga. 173
| Ga. | 2016Background
- Victim and appellant (McMullen) were in a volatile on‑again/off‑again relationship; victim obtained a protective order in December 2011.
- On February 10, 2012, after the victim left a barber shop on Washington Street in Covington (Newton County), McMullen followed her vehicle and fired a shot through her truck’s side window; the victim was struck in the head and died shortly thereafter.
- Glass from the truck was found along Washington Street up to about 1,000–1,500 feet away; the truck came to rest at a Washington Street service station in Newton County.
- McMullen admitted to family members and at trial that he shot the victim; at trial he claimed the gun discharged accidentally while he was removing the clip.
- McMullen was indicted by a Newton County grand jury and convicted by a jury of malice murder, aggravated stalking, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon; sentenced to life without parole plus consecutive terms. Appeal raised sufficiency (including venue), ineffective assistance, and related claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to prove McMullen killed the victim (confession corroboration) | Appellant: convictions rest on uncorroborated confessions to aunt and ex‑wife; OCGA § 24‑8‑823 requires corroboration. | State: statements were admissions; even if confessions, ample corroborating circumstantial evidence (protective order, threats, argument, following, timing/location of shooting). | Court: Evidence (admissions plus corroborating facts) sufficient; no need for specific type of corroboration. |
| Venue (whether cause of death was inflicted in Newton County) | Appellant: State did not prove the fatal shot was inflicted in Newton County. | State: presented direct and circumstantial evidence linking shooting to Washington Street in Newton County (encounter at barber shop, immediate pursuit, location of crash and glass, timing). | Court: Venue proved beyond a reasonable doubt; comparable precedent supports sufficiency. |
| Ineffective assistance for not challenging venue | Appellant: trial counsel ineffective for failing to challenge venue. | State: Failure to raise meritless objection is not ineffective assistance. | Court: Counsel not ineffective because venue challenge would be meritless—venue was adequately shown. |
| Sufficiency to support aggravated stalking conviction | Appellant: (implicit) disputes elements/ sufficiency. | State: evidence showed conduct after protective order—approach, angry words, following, pulling alongside, and shooting—supporting aggravated stalking. | Court: Evidence sufficient to prove aggravated stalking beyond a reasonable doubt. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of the evidence)
- Walsh v. State, 269 Ga. 427 (distinguishing admissions from confessions)
- Sands v. State, 262 Ga. 367 (no particular form of corroboration required for confession)
- Crawford v. State, 297 Ga. 680 (venue must be proven beyond a reasonable doubt; State may use direct and circumstantial evidence)
- Jones v. State, 299 Ga. 377 (venue proven by circumstantial evidence where timing and locations were linked)
- Hayes v. State, 262 Ga. 881 (failure to raise meritless objection cannot constitute ineffective assistance)
- Oliver v. State, 325 Ga. App. 649 (elements and proof of aggravated stalking)
- Malcolm v. State, 263 Ga. 369 (merger and vacatur of certain convictions by operation of law)