OF JUDGMENT: 05/17/2018
COAHOMA COUNTY CIRCUIT COURT, HON. LINDA F. COLEMAN JUDGE.
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.
KING, P.J., COLEMAN AND BEAM, JJ.
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.
AND PROCEDURAL HISTORY
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.
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. 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.
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.
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 ...