Judges Hear Appeal in Johnny McBee Case Over Bifurcation, Waiver and Sufficiency of Evidence

A three-judge panel heard oral argument in the appeal of Johnny McBee, who contends that errors at trial — including a refusal to bifurcate a felon-in-possession issue and disclosure of a prior felony — unfairly prejudiced the jury and warrant reversal.

Appellate counsel Chelsea Moore told the court that McBee, who she said was at his niece’s house when the shooting occurred, “took the only action that he thought he had to save his own life, while simultaneously accidentally discharging the weapon.” Moore asked the court to consider a sufficiency challenge to an unlawful-possession-of-a-firearm conviction and to find that the trial court erred by refusing to separate (bifurcate) the prior-conviction evidence from the jury’s consideration of…