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Hubbard v. State

The trial court did not abuse its discretion in denying the defendant's motion to remove a prospective juror, who knew the victim's family from seeing them at local churches and who went to the funeral home to view the victim's body while the family was not there, since the prospective juror stated that he could put aside these connections and make a fair and impartial decision.

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Following a jury trial, Terry Lamar Hubbard appeals his conviction for murder and possession of a firearm during the commission of a felony, contending, among other things, that the evidence was insufficient to support the verdict and that his trial counsel rendered ineffective assistance.1 For the reasons set forth below, we affirm. Viewed in the light most favorable to the verdict, the record shows that, on the evening of October 4, 2005 in a courtyard outside the apartments where they lived, Niyokia Moreland, Hubbard’s sister, began arguing with Shantaviase Anderson, Dazman Anderson’s sister. After the argument escalated, Hubbard began arguing with Dazman. After a brief break in the confrontation, Hubbard retrieved a gun, fired it in the air, and began to chase Dazman. Dazman attempted to run away, but Hubbard shot him in the back, killing him. Numerous witnesses testified that they saw Hubbard pointing his gun at Dazman and firing it. By the time that the shooting occurred, a very large crowd had formed at the scene. Hubbard alleged that he discarded his gun in bushes after the shooting, and the weapon was never found.

1. This evidence was sufficient to enable the jury to find that Hubbard was guilty of the crimes for which he was convicted beyond a reasonable doubt. Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979.

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