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Stevenson v. State

Supreme Court of Mississippi

October 17, 2019

MARQUIS JUMARLO STEVENSON a/k/a MARQUIS STEVENSON a/k/a MARLO
v.
STATE OF MISSISSIPPI

          DATE OF JUDGMENT: 05/17/2018

          COAHOMA COUNTY CIRCUIT COURT, HON. LINDA F. COLEMAN JUDGE.

          TRIAL COURT ATTORNEYS: HELEN BAGWELL KELLY ROSHARWIN LEMOYNE WILLIAMS KENNETH RYAN WALKER.

          ATTORNEY FOR APPELLANT OFFICE OF STATE PUBLIC DEFENDER BY: GEORGE T. HOLMES.

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: KAYLYN HAVRILLA McCLINTON.

          DISTRICT ATTORNEY: BRENDA FAY MITCHELL.

          BEFORE KING, P.J., COLEMAN AND BEAM, JJ.

          KING, PRESIDING JUSTICE.

         ¶1. Marquis Stevenson was convicted of first-degree murder and possession of a firearm by a convicted felon for shooting Marvion Leflore in the chest. On appeal, Stevenson argues that his convictions are contrary to the weight of the evidence and that his trial counsel rendered ineffective assistance of counsel. Because Stevenson's convictions are not contrary to the weight of the evidence, this Court affirms his convictions. Further, because the record is insufficient to determine whether ineffective assistance of counsel was rendered, this Court dismisses his ineffective-assistance-of-counsel claim without prejudice.

         FACTS AND PROCEDURAL HISTORY

         ¶2. On December 13, 2014, Leflore was raking leaves outside his grandparents' house, where he lived. That evening, he was shot. He perished from his wounds shortly afterwards.

         ¶3. Scorpio Hammond was visiting with Leflore while he raked and witnessed a small silver SUV drive down the street. It drove past Leflore's house and then turned around. The driver called Leflore to come close to the automobile, and Leflore complied. The driver then shot Leflore. Leflore told Hammond that "Marlo" shot him.[1] Hammond testified that he saw Marlo driving, and witnessed him reach over and shoot Leflore. Hammond twice identified Stevenson in photograph lineups as the shooter, in July 2015 and November 2016. At trial, however, Hammond testified that he did not see Marlo in the courtroom. Hammond further testified that he did not personally know Marlo.

         ¶4. Larry Jenkins, Leflore's grandfather, testified that he ran outside after his daughter heard something and that he saw Leflore lying in the street. He did not go near Leflore, but he witnessed his daughter Tammy Leflore (Leflore's mother) with Leflore. He saw the two of them talking, but he did not hear what was said.

         ¶5. Tammy Leflore testified that Leflore was outside raking leaves on December 13, 2014, and that Hammond was outside with Leflore. Tammy was inside the house. She heard a gunshot and ran outside. She saw Leflore lying in the street and she ran to him. She testified that Leflore told her, "Bitch ass Marlo shot me." Tammy testified that Marlo and Leflore had previous problems with one another. Tammy stated that, several months before the shooting, her daughter called her and told her that Marlo had Tammy's niece in his car and refused to let her out. When Marlo and her niece pulled up to her house, Tammy went to the car and demanded that Marlo let her niece out of it, and Marlo refused. When Tammy attempted to reach inside the car to turn the car off, Marlo grabbed her by her hand. Leflore witnessed ...


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