X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Jasper Stephens was indicted for malice murder, felony murder with possession of a firearm by a convicted felon as the underlying offense, and possession of a firearm during the commission of a felony, all in connection with the shooting death of Otis Stallion.1 The trial court granted Stephens’s motion to bifurcate the malice murder count from the remainder of the counts predicated upon the status offenses of possession of a firearm by a convicted felon. The jury found Stephens not guilty of malice murder, but in the succeeding phase of the trial, determined he was guilty of felony murder and the possession charges. He appeals from the denial of his amended motion for new trial. Finding no error, we affirm. The jury was authorized to find that Stephens was at his grandmother’s residence on May Avenue in Macon when a vehicle pulled up to the house. Philip Evans, the victim’s cousin, sat in the driver’s seat, Jarryl Clark in the front seat and the victim, in the back seat. Several eyewitnesses testified that Stephens opened the back door of the car, slapped the victim in the face several times, and demanded the fifteen dollars the victim owed him. Evans gave Stephens a twenty dollar bill and Stephens gave him change. After the exchange of money, Stephens slapped the victim again and told the victim that he was “going to die tonight anyway.” Stephens then leaned in and shot the victim. The victim died from a single gunshot wound to the upper abdomen. There was conflicting testimony as to whether the victim had a gun or appeared to reach for something under the car seat. Stephens testified that during the altercation he shot and killed the victim after the victim reached for a weapon.

1. We conclude there was sufficient evidence from which a rational trier of fact could have found Stephens guilty beyond a reasonable doubt of felony murder and the multiple possession of a firearm charges. Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979. Accordingly, the trial court did not err by denying Stephens’s motion for new trial.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More

RECRUITMENT BONUS Newly hired employees from this recruitment may be eligible to receive bonus payments up to $3,000!* FLEXIBLE SCHEDULE: ...


Apply Now ›

Morristown, NJ; New York, NY Description: Fox Rothschild has an opening in multiple offices for a Counsel in our Litigation Department. The ...


Apply Now ›

The Forest Preserves of Cook CountyIs seeking applicants forDeputy Chief Attorney The Forest Preserves of Cook County is seeking a detail-o...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›