Green v. State
544 S.W.3d 574
| Ark. Ct. App. | 2018Background
- On July 5, 2015, Cameron Johnson was found dead from a gunshot wound in the parking lot of Hillsboro Manor in El Dorado, Arkansas; a nine-millimeter shell casing was recovered nearby.
- Jeremiah Green was charged with first-degree murder, enhancements for committing the murder in the presence of a child and by use of a firearm, and possession of a firearm by certain persons; he was later charged as a habitual offender.
- Key eyewitnesses: 10-year-old K'Naya Buggs testified she saw Jeremiah sneak up behind and shoot Cameron with a black gun; Keet Miller (Jeremiah’s cousin) also testified Jeremiah shot Cameron and ran off with a gun.
- Defense presented alibi and contradictory witness statements (grandmother testified Jeremiah was dropped off at her house between 1:00–1:30 p.m.; other neighbors denied seeing Jeremiah at the scene).
- The jury convicted Jeremiah of all counts; he received consecutive sentences totaling eighty years and appealed, challenging the sufficiency of the evidence for first-degree murder and unlawful-possession convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for first‑degree murder | State: Eyewitnesses (K'Naya and Keet), shell casing for a 9mm, medical examiner’s homicide finding, and testimony that Jeremiah’s father displayed a similar gun constitute substantial evidence of purposeful killing | Green: Witnesses are unreliable or inconsistent (child witness, conflicting wound description, Keet changed statements and sought charge reduction, other witnesses deny seeing Green) | Affirmed — evidence (eyewitness ID, physical evidence, and corroboration) was substantial; inconsistencies go to weight, not sufficiency |
| Sufficiency of evidence for possession of a firearm by a prohibited person | State: Eyewitness testimony placed a black/9mm gun on Jeremiah during the shooting, satisfying actual possession | Green: No murder weapon produced; witness credibility issues | Affirmed — eyewitnesses provided sufficient evidence of actual possession; credibility issues are for the jury |
Key Cases Cited
- Crews v. State, 536 S.W.3d 182 (Ark. 2017) (standard for inferring intent and reviewing sufficiency of evidence)
- Gill v. State, 376 S.W.3d 529 (Ark. App. 2010) (inconsistent testimony affects weight, not legal sufficiency)