McNair v. State
293 Ga. 282
| Ga. | 2013Background
- Todd McNair was convicted by a jury of identity fraud for stealing and using a victim’s credit card.
- Before sentencing, McNair argued the rule of lenity required sentencing under the lesser offense of financial transaction card theft instead of identity fraud.
- The trial court rejected that argument and sentenced McNair as a recidivist to ten years (five years to serve).
- The Court of Appeals affirmed, relying on decisions (notably Rollf and Shabazz) holding the rule of lenity inapplicable where both statutes at issue are felonies.
- The Georgia Supreme Court granted certiorari to decide whether the Court of Appeals erred in treating the rule of lenity as inapplicable whenever both offenses are felonies.
- The Supreme Court reversed the Court of Appeals and remanded for consideration of whether an ambiguity existed such that the rule of lenity should apply.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the rule of lenity is inapplicable merely because both statutes at issue are felonies | McNair: lenity should apply so he receives lesser penalty for financial transaction card theft | State: lenity is inapplicable because both offenses are felony-level, so no choice of lesser penalty | Court: Rejected bright-line rule; lenity depends on statutory ambiguity, not merely felony/misdemeanor classification |
| Whether the Court of Appeals erred by not reaching the merits after concluding lenity did not apply | McNair: appellate court should consider whether statutes are ambiguous and require lenity | State: reliance on Court of Appeals precedent that felonies preclude lenity | Court: Court of Appeals reversed and remanded to decide the merits (whether ambiguity exists that triggers lenity) |
Key Cases Cited
- United States v. Lanier, 520 U.S. 259 (rule of lenity as fair-warning principle)
- McClellan v. State, 274 Ga. 819 (lenity applies when statute provides different punishments for same offense)
- Banta v. State, 281 Ga. 615 (lenity applied only after traditional construction leaves ambiguity)
- Dixon v. State, 278 Ga. 4 (lenity particularly applicable where punishment gradations differ misdemeanor/felony)
- Shabazz v. State, 273 Ga. App. 389 (Court of Appeals held lenity inapplicable where both offenses are felonies — disapproved)
- Rollf v. State, 314 Ga. App. 596 (Court of Appeals decision relied on below; holding lenity inapplicable between felonies — limited by this opinion)