The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Stepp-Mccommonsv.The State

CourtSupreme Court of Georgia
Docket No.S20A0254
DecidedJune 29, 2020
Reporter309 Ga. 400
JudgesSupreme Court of Georgia
Tags
CriminalCriminal LawCriminal ProcedureMurder & MayhemTales From the CryptJury InstructionsIneffective Assistance of CounselSixth AmendmentRight to Counsel
Case Summary

Contevious Stepp-McCommons was convicted of felony murder and related offenses in the shooting death of Clarence Gardenhire. He challenged the jury instructions, trial counsel’s performance, and the admission and voluntariness of his statements to police. The Georgia Supreme Court affirmed. The court held that the instructions, considered as a whole, adequately covered the issues raised and that Stepp-McCommons failed to show deficient performance or prejudice from the alleged omissions by counsel. The record also supported the trial court’s conclusion that he knowingly and voluntarily waived his Miranda rights. He had been told that he did not have to speak and could not be questioned about the case until he signed a waiver, and his preliminary question about the form did not invoke the right to silence. The court rejected the remaining claims and left the convictions and sentences undisturbed.

Opinion

Loading published copy…

The Far Side