STEPP-McCOMMONS v. State
309 Ga. 400
Ga.2020Background
- Defendant Contevious Stepp-McCommons and co-defendant Malik Rice arranged a Craigslist meeting to steal cash from a buyer; Rice hid and Stepp-McCommons met the buyers.
- When the buyers arrived, Stepp-McCommons pulled a gun and fired; Clarence Gardenhire was shot ten times and later died; bullets matched a 9mm handgun found nearby.
- Stepp-McCommons gave a post-arrest statement admitting he shot back after asserting Gardenhire reached for a gun; at trial he claimed self-defense and also suggested an accidental discharge at one point.
- A jury acquitted Stepp-McCommons of malice murder but convicted him of felony murder (predicated on aggravated assault), aggravated assault, criminal attempt to commit armed robbery, and firearms possession; he was sentenced to life without parole plus additional terms.
- On appeal he argued the trial court should have charged accident and lesser offenses (involuntary manslaughter, reckless conduct), that the court mishandled a jury causation question, and that trial counsel provided ineffective assistance (three separate grounds).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Refusal to give accident instruction | Stepp-McCommons: slight evidence of accidental discharge (testimony about guns hitting ground; statements that shots were "unintentional") warranted accident charge | State: evidence showed intentional shooting and no proof of accidental discharge | No error; court properly refused accident charge |
| Refusal to give involuntary manslaughter instruction | Stepp-McCommons: lesser included involuntary manslaughter should be charged | State: evidence showed intentional shooting or complete defense, not a non-felonious unlawful act | No error; instruction not warranted |
| Refusal to give reckless conduct instruction | Stepp-McCommons: reckless conduct as a lesser included offense should have been charged | State: reckless conduct requires criminal negligence, inconsistent with intentional shooting | No error; instruction not warranted |
| Trial court response to jury question on causation (plain error) | Stepp-McCommons: court should have defined "causing" to include direct and indirect causes; response too terse | State: court properly referred jurors to correct pattern instructions already given | No plain error; referring jurors to prior charges was proper and harmless |
| Ineffective assistance for failing to object to jury response | Stepp-McCommons: counsel should have objected to court's answer | State: no error in court's response, so no deficient performance | Claim fails; no deficiency or prejudice shown |
| Ineffective assistance for failing to review discovery/use impeachment tape | Stepp-McCommons: counsel missed an interview undermining witness Perry credibility | State: tape contained cumulative material and offered no clear exculpatory impeachment | Claim fails; no reasonable probability of different outcome shown |
| Ineffective assistance for failing to seek Jackson‑Denno hearing on voluntariness/Miranda | Stepp-McCommons: he invoked rights so statements should have been suppressed | State: detectives read Miranda and recording shows waiver; hearing would not have suppressed statements | Claim fails; statements shown voluntary and waiver valid |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes sufficiency review standard)
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance two‑prong test)
- Jackson v. Denno, 378 U.S. 368 (hearing on voluntariness of confessions)
- Miranda v. Arizona, 384 U.S. 436 (Miranda warnings and waiver principles)
- Garner v. State, 303 Ga. 788 (affirmative defense of accident requires only slight evidence)
- Lupoe v. State, 284 Ga. 576 (no lesser instruction when evidence shows completed offense or no offense)
- Redding v. State, 296 Ga. 471 (trial court may decline to answer jury question and may direct jurors to prior instructions)
- State v. Jackson, 287 Ga. 646 (felony murder causation requires proximate cause)
- Hart v. State, 305 Ga. 681 (explaining accident affirmative defense)
- Shank v. State, 290 Ga. 844 (ineffective assistance claim failure where additional investigation would not yield exculpatory evidence)