OF JUDGMENT: 05/02/2018
COUNTY CIRCUIT COURT TRIAL JUDGE: HON. JOHN KELLY LUTHER.
COURT ATTORNEYS: BENJAMIN F. CREEKMORE ROBERT M. CARTER PAUL
ATTORNEYS FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY:
JUSTIN T. COOK GEORGE T. HOLMES.
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
DISTRICT ATTORNEY: BENJAMIN F. CREEKMORE.
RANDOLPH, C.J., COLEMAN AND CHAMBERLIN, JJ.
A jury convicted Chevelle McAlister of the murder of Johnna
Norris and of possession of a firearm as a convicted felon.
McAlister now appeals his conviction, arguing that his
counsel provided ineffective assistance of counsel. The
record before us does not support a finding of ineffective
assistance of counsel. Also, there is no indication from the
record or the briefs that an evidentiary hearing would enable
McAlister to further develop any evidentiary proof of the
alleged errors. Thus, we affirm McAlister's conviction
and deny his claims of ineffective assistance of counsel.
AND PROCEDURAL HISTORY
On Sunday, March 26, 2017, Chevelle McAlister visited his
brother Ernest Morris at a trailer that belonged to Helen
Bowling. The two of them, along with Morris's girlfriend,
Johnna Norris, started using methamphetamine. After taking
Norris's son to school on Monday, the three returned to
Morris's trailer, where McAlister and Norris continued
During the day, McAlister had been acting strangely, accusing
Morris and Norris of trying to frame him. At one point,
McAlister put a gun in Morris's face and threatened to
Later that evening, around eleven o'clock, McAlister went
to the door of Norris's room and shot her with a single
shot from a .38 revolver. After he killed Norris, a stand-off
took place between Morris and McAlister. McAlister turned his
revolver on Morris who, in turn, pointed his .22 rifle at
McAlister. Eventually, Morris passed out or fell asleep.
Several hours later, two calls were placed to 911. During the
first call, the caller told the dispatcher, "I killed
somebody." On both calls, the caller ...