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Huff v. State

A defendant does not have an unequivocal right to be present at his charge conference.

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A jury convicted Jasper Huff of felony murder with the underlying felony of aggravated assault, aggravated assault, and possession of a firearm during the commission of a felony in connection with the shooting death of Shurica M. Davis.1 On appeal from the denial of his motion for new trial, Huff asserts that his constitutional right to be present at all stages of the trial was violated by his absence from certain trial conferences, and he claims that he was denied effective assistance of trial counsel. Finding no error, we affirm.

Huff and his friend, Lawrence Crowell, visited the apartment where Shurica Davis was living with her aunt. Crowell had in his possession a .380 semi-automatic pistol, which he displayed to the others. At Huff’s request, Crowell handed him the pistol. As the three were conversing, Davis referred to Huff as a “boy,” whereupon Huff cocked the gun and pointed it at her. Crowell warned Huff that the gun was loaded and told him not to point it. Davis raised her arm defensively, reiterated that the gun was loaded, and cautioned Huff not to point it at her. The gun discharged, firing a fatal bullet into her chest. Huff dropped the pistol and fled from the scene. Crowell retrieved the weapon and hid it. Later in the evening Crowell told the investigating officers of the shooting and led police to the gun.

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