Georgia Attorney General Sam Olens filed an appeal with the state Supreme Court today to halt the release of a Cobb County homeowner convicted of killing another man on his property.

A Cobb County jury convicted John McNeil in 2006 of fatally shooting Brian Epp and sentenced him to life in prison. McNeil appealed, arguing that jurors wrongly rejected his self-defense claim, but the state Supreme Court upheld the jury’s decision.

Last month, Baldwin County Superior Court Judge Hulane George granted McNeil’s habeas petition, ruling that mistakes were made by McNeil’s trial counsel that kept the jury from receiving instruction on McNeil’s right to defend his home.

“Mr. McNeil’s veteran defense attorney vigorously pursued a finding of self defense at trial, and the jury was fully instructed on that defense. The jury rejected that defense,” the Law Department stated in a news release today. “Mr. McNeil’s habeas counsel now argues that his trial counsel should also have requested an instruction to the jury on defense of one’s habitation. However, the victim was shot in Mr. McNeil’s yard and there was no evidence that the victim was attempting to get into Mr. McNeil’s house.”

The Law Department further stated that it intends to argue on appeal that the a jury would be unlikely to clear McNeil as defending his home since a jury rejected his initial claim of self-defense.

AG to appeal habeas ruling for man who claimed self-defense

Georgia Attorney General Sam Olens filed an appeal with the state Supreme Court today to halt the release of a Cobb County homeowner convicted of killing another man on his property.

A Cobb County jury convicted John McNeil in 2006 of fatally shooting Brian Epp and sentenced him to life in prison. McNeil appealed, arguing that jurors wrongly rejected his self-defense claim, but the state Supreme Court upheld the jury’s decision.

Last month, Baldwin County Superior Court Judge Hulane George granted McNeil’s habeas petition, ruling that mistakes were made by McNeil’s trial counsel that kept the jury from receiving instruction on McNeil’s right to defend his home.

“Mr. McNeil’s veteran defense attorney vigorously pursued a finding of self defense at trial, and the jury was fully instructed on that defense. The jury rejected that defense,” the Law Department stated in a news release today. “Mr. McNeil’s habeas counsel now argues that his trial counsel should also have requested an instruction to the jury on defense of one’s habitation. However, the victim was shot in Mr. McNeil’s yard and there was no evidence that the victim was attempting to get into Mr. McNeil’s house.”

The Law Department further stated that it intends to argue on appeal that the a jury would be unlikely to clear McNeil as defending his home since a jury rejected his initial claim of self-defense.

Kathleen Baydala Joyner and The Associated Press

Contributor: Kathleen Baydala Joyner in Attorney General | subscribe to rss |   share