McNair v. State
296 Ga. 181
| Ga. | 2014Background
- Michael McNair returned to his marital home in Jan. 2009 after two years away and suspected his wife Peggy of an affair with Leroy Edwards.
- On Feb. 15, 2009 McNair approached Peggy from behind and struck her repeatedly in the head with a claw hammer; she was taken to the hospital and died of blunt force head trauma.
- McNair called 911 en route to his mother’s house and confessed to the attack; he also told police where the hammer was hidden.
- McNair was indicted for malice murder, tried by a jury, convicted on Feb. 25, 2010 and sentenced to life; his motion for new trial was denied.
- On appeal McNair argued (1) the evidence only supported voluntary manslaughter, not malice murder, and (2) trial counsel was ineffective in multiple respects (juror exposure to media, failure to object to certain hearsay, and failure to object to a jury instruction on provocation).
Issues
| Issue | Plaintiff's Argument (McNair) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Sufficiency: malice murder vs voluntary manslaughter | Evidence shows provocation (affair) only supports voluntary manslaughter | Jury could find provocation insufficient and malice can be formed instantly | Affirmed: evidence sufficient for malice murder |
| IAC — juror exposure to media | Counsel should have sought mistrial or excusal after jurors admitted exposure | Court questioned jurors; those exposed said they could be impartial; counsel made strategic choice | No deficient performance or prejudice; counsel’s choice reasonable |
| IAC — hearsay about victim being drug-tested at work | Admission implied victim did not use drugs, harming defense theory about victim’s drug use | Counsel strategically declined to object to support alternative theory (paraphernalia belonged to Edwards) | No ineffective assistance; objection not patently unreasonable nor prejudicial |
| IAC — jury instruction on adultery as provocation | Charge misleadingly limited provocation to adultery scenarios | Instruction matched defense theory and was read in context with standard charges on voluntary manslaughter and burden of proof | No deficient performance; charge not misleading in context |
Key Cases Cited
- Jones v. State, 282 Ga. 47 (standard that provocation sufficiency is for jury)
- Lewandowski v. State, 267 Ga. 831 (reasonable-person provocation standard)
- Wynn v. State, 272 Ga. 861 (malice can be formed instantly)
- Jackson v. Virginia, 443 U.S. 307 (sufficiency review standard)
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance standard)
- Smith v. Francis, 253 Ga. 782 (application of Strickland in Georgia)
- Brown v. State, 288 Ga. 902 (deference to tactical decisions unless patently unreasonable)
- Washington v. State, 279 Ga. 722 (trial court discretion re: juror exposure)
- Guess v. State, 264 Ga. 335 (media exposure does not automatically disqualify jurors)
- Langston v. State, 162 Ga. App. 795 (similar measures for juror exposure held adequate)
- Gray v. State, 291 Ga. App. 573 (trial strategy generally not grounds for IAC)
- Heard v. State, 274 Ga. 196 (improper hearsay reversible only if harmful)
- Shields v. State, 285 Ga. 372 (jury instructions viewed in context)
- Ricketts v. State, 276 Ga. 466 (same)
- Loadholt v. State, 286 Ga. 402 (instruction on provocation not misleading in context)