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McKibbins v. State

Although the prosecutor stated that the case was the worst she had ever seen, the statement did not demand a mistrial as she was merely preparing the jury for the gruesome nature of the evidence that was forthcoming and the issue disputed at trial concerned whether the defendant was guilty of the crimes, rather than the gruesome nature of those crimes.

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Chaunson McKibbins was tried by a Fulton County jury and convicted of murder, kidnapping with bodily injury, and concealing the death of another. He appeals, contending that the evidence is insufficient to sustain his convictions, that the indictment failed to properly charge kidnapping with bodily injury, that the prosecuting attorney made improper and prejudicial statements in the presence of the jury, and that the trial court erred with respect to certain evidentiary rulings and jury instructions. We find no merit in these claims of error, and we affirm.1

1. Viewed in the light most favorable to the verdict, the evidence shows that McKibbins—with the help of several associates, including Rico Green—stole two kilograms of cocaine from a drug dealer. Later, the cocaine went missing, and McKibbins suspected that Demetrius Robbins had something to do with its disappearance. In early November 2008, McKibbins met with Robbins’s brother, explaining that someone had stolen a substantial quantity of cocaine from him, that he believed Robbins was involved, and that “something needed to be done with Robbins.”

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