McNeal v. State
289 Ga. 711
| Ga. | 2011Background
- McNeal killed Michael Taranovich and shot Joseph Taranovich during a robbery in Sept. 2005; Michael died and Joseph survived after multiple gunshots.
- Evidence shows McNeal previously bought marijuana from Debo’s residence; he then directed a car ride and produced a handgun to seize proceeds.
- McNeal and the victims entered a truck; after a stop, McNeal attempted to rob them of watermelon money, resulting in gunfire and the ensuing murders.
- McNeal was convicted of malice murder, felony murder, armed robbery, and related offenses; substantial jury verdict supported by disputed but favorable evidence.
- During trial, defense impeachment, and the State’s use of McNeal’s prior criminal history, were contested on hearsay and relevancy grounds.
- Post-trial issues included challenges to jury instructions, ineffective assistance of counsel, and evidentiary rulings on impeachment
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | State | McNeal | Evidence supports conviction beyond reasonable doubt |
| Impeachment by prior bad acts | State | McNeal | Trial court properly admitted broader impeachment evidence under OCGA 24-9-82/84.1 |
| Ineffective assistance due to impeachment strategy | State | McNeal | No prejudice; Strickland not satisfied |
| Self-defense and justification jury instructions | State | McNeal | Trial court did not err in denying additional self-defense/justification instructions |
| Failure to instruct voluntary manslaughter | State | McNeal | No error; no evidence of provocation or intentional homicide with malice |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (sufficiency of the evidence standard)
- Williams v. Booker, 310 Ga. App. 209 (Ga. Ct. App. 2011) (trial court’s discretionary power in admitting evidence of disputed relevancy)
- Coleman v. State, 286 Ga. 291 (Ga. 2009) ( standards for evaluating prejudice in ineffective assistance claims)
- Davis v. State, 269 Ga. 276 (Ga. 1998) (slight evidence standard for jury instructions)
- Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court 1984) (test for ineffective assistance of counsel)
- Woody v. State, 262 Ga. 327 (Ga. 1992) (relevance of slight evidence for voluntary manslaughter instruction)