Marquis Jumarlo Stevenson v. State of Mississippi, 283 So.3d 697

On Dec. 13, 2014, Marvion Leflore was shot and later died; eyewitness Scorpio Hammond saw a small silver SUV stop, turn around, and the driver shoot Leflore.
Hammond identified Marquis "Marlo" Stevenson in two photo lineups (July 2015 and Nov. 2016) but did not make an in‑court identification at trial.
Leflore allegedly made a dying declaration to his mother that “Marlo shot me”; Leflore’s mother identified Stevenson as Marlo.
The silver SUV described by witnesses was found at Stevenson’s grandparents’ home; gunshot residue (GSR) was detected on swabs from the vehicle.
Stevenson was indicted and convicted of first‑degree murder and felon in possession of a firearm; trial counsel did not request a stipulation of the prior felony, did not object to testimony about a prior fight, and did not request limiting instructions.
On appeal Stevenson argued (1) the verdicts were contrary to the weight of the evidence and (2) counsel was ineffective for failing to limit or exclude prior‑bad‑act/prior‑conviction evidence.

Issue	Plaintiff's Argument (Stevenson)	Defendant's Argument (State)	Held
Whether the verdicts are contrary to the weight of the evidence	Hammond’s failure to identify Stevenson at trial undermines the only living eyewitness and makes convictions unsupported	Photo‑lineup IDs, dying declarations, vehicle at Stevenson’s residence, and GSR connect Stevenson; credibility and weight are for the jury	Affirmed — verdicts not so contrary to the overwhelming weight of evidence as to be unjust
Whether counsel rendered ineffective assistance by not seeking a stipulation or limiting/excluding prior‑bad‑act evidence	Counsel should have sought a stipulation to avoid prejudicial prior conviction evidence, objected to prior fight testimony, and requested limiting instructions	Record lacks information on counsel’s reasoning; the trial record is insufficient to assess prejudice or strategy on direct appeal	Dismissed without prejudice — insufficient record to decide on direct appeal; claim preserved for PCR

Little v. State, 233 So. 3d 288 (Miss. 2017) (standard of review for denial of new trial — weigh evidence in light most favorable to verdict)
Renfro v. State, 118 So. 3d 560 (Miss. 2013) (jury decides witness credibility and may draw reasonable inferences)
Hawkins v. State, 255 So. 3d 1264 (Miss. 2018) (ineffective‑assistance standard; PCR generally proper vehicle when record is inadequate)
Read v. State, 430 So. 2d 832 (Miss. 1983) (court may address ineffectiveness on direct appeal only when record is adequate or parties so stipulate)
Old Chief v. United States, 519 U.S. 172 (1997) (trial court should accept stipulation to prior conviction when full record’s prejudicial effect outweighs probative value)
Sawyer v. State, 2 So. 3d 655 (Miss. Ct. App. 2008) (applying Old Chief to hold admission of prior conviction—when used only to prove an element—can be unfairly prejudicial)