McCulley v. State

Defendant was not prejudiced by her counsel's decision to pursue a justification and battered person defense, rather than trying to show that her accomplice fired the fatal shot since the jury would have been authorized to find defendant guilty as a party to the crime in any event.

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Shirley Ann McCulley was convicted of the malice murder of her former boyfriend, Clifford Jarreau, the aggravated assault of Jarreau’s brother, Brian Glasper, and possession of a firearm during the commission of a crime. She appealed her convictions, and finding no error, this Court affirmed. McCulley v. State, 273 Ga. 40 537 SE2d 340 2000. However, this Court remanded the case to the trial court for a determination on McCulley’s claim of ineffective assistance of trial counsel. Id. at 44 4. After a hearing, the trial court found that the allegations of ineffectiveness were without merit and denied McCulley’s motion for new trial on that ground. McCulley appeals, and for the reasons that follow, we affirm the judgment of the trial court.1

The facts of McCulley’s crimes are set forth in detail in McCulley v. State, supra at 40-41. In summary, after ending their stormy relationship, McCulley and Jarreau arranged to meet so that Jarreau could transfer title to a vehicle to McCulley in exchange for cash. McCulley attempted to give Jarreau a check instead of cash, which he refused to accept, and Jarreau returned home. Minutes later, McCulley and her then boyfriend, Leonard “Sonny” Newell, drove to Jarreau’s residence. McCulley exited the car with pistol in hand and shot Jarreau in the leg after he came out of his house; the shot incapacitated Jarreau. Glasper came outside and saw the wounded Jarreau and McCulley holding a pistol. Jarreau stated, “Shirley has shot me, call 911.” As Glasper approached, McCulley pointed the pistol at him and ordered him to get back in the house. Glasper retreated to call 911, and two more shots were fired: one was a close range, defensive wound to Jarreau’s wrist, and the final and fatal bullet entered the top of Jarreau’s head.

McCulley v. State

Defendant was not prejudiced by her counsel's decision to pursue a justification and battered person defense, rather than trying to show that her accomplice fired the fatal shot since the jury would have been authorized to find defendant guilty as a party to the crime in any event.

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