McCullough v. Georgia
Annotate this CaseAppellant Brawny McCullough was found guilty of malice murder and other crimes in connection with the shooting deaths of his father, Donald Eugene McCullough (“Gene”), and his great-aunt, Peggy Molden. The State sought the death penalty, but the jury decided that Appellant should instead be sentenced to life in prison without parole. Appellant argued on appeal to the Georgia Supreme Court that the evidence presented at his trial was insufficient to support his convictions and that the trial court abused its discretion and violated his Sixth Amendment right to counsel by denying his request to continue the trial to accommodate a scheduling conflict that one of his lawyers had, even though Appellant had already been granted one lengthy continuance and was represented at trial by three other competent capital defenders. The Supreme Court rejected these contentions and affirmed the convictions, but vacated the trial court’s judgment in part to correct a sentencing error.
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