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Georgia Attorney General Appeals Order for Convicted Man to State’s High Court

October 18th, 2012

Georgia Attorney General Sam Olens is appealing an order to the Georgia Supreme Court which could have resulted in a new trial for an African-American businessman convicted of murder.

Olens is appealing a September 25 order issued by Georgia Superior Court Judge Hulane George granting a writ of habeas corpus. George concluded that Cobb County businessman John McNeil received ineffective assistance of counsel during his trial. But in a statement, Attorney General Olens says his office believes the appeal is both “warranted” and “appropriate.” Olens says he’s appealing at the request of the Cobb County District Attorney and after careful review of the order and the trial transcript. McNeil’s attorney Mark Yurachek says he’s disappointed with the attorney general’s decision but he believes McNeil will prevail.

“We have a lot of confidence in the Supreme Court in joining judge George in saying John deserves to have his convictions vacated.”

McNeil’s supporters argue he was justified in shooting building company owner Brian Epp in 2005 after McNeil’s son claimed Epp was refusing to leave their yard and pulled a knife on him. The two men had previously argued over work done by Epp. Meanwhile, prosecutors claimed Epp had a knife in his pocket but was not holding it when shot. McNeil was later charged and convicted in Cobb County and his conviction was upheld by the Georgia Supreme Court in 2008.

Olens says the only issue before the court is whether the jury’s verdict would likely have been different if his previous attorney had adequately represented him.