303 So.3d 1133
Miss. Ct. App.2020Background
- Decedent Davis Goon was shot and killed during an apparent robbery at his Clarksdale grocery store on December 26, 2013.
- Justin Booker was 15 at the time; co-defendants Cedric Collins (22) and DeSean Shields (17) were also charged. The trial on capital murder followed a prior partial mistrial.
- Eyewitnesses heard gunshots, saw three people exit the store and run east; two were seen running to Booker’s residence. A stolen cash register was later found by the railroad tracks.
- Investigators recovered a Mountain Dew hat near the abandoned register; DNA testing produced a dominant profile consistent with Booker. A gunshot-residue particle was found on the back of Booker’s left (dominant) hand.
- Booker initially denied being at the store; defense counsel later conceded Booker lied in interview and (in a subsequent statement) admitted being outside as a lookout. Booker offered an abandonment defense at trial.
- The jury convicted Booker of capital murder (robbery-predicate). On appeal he challenged sufficiency and weight of the evidence; the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency to support capital-murder conviction (robbery) | State: hat DNA + GSR + eyewitness flight + lies permit inference of participation | Booker: no eyewitness ID of him, co-defendants not called, no surveillance, forensic link tenuous | Affirmed — evidence sufficient for jury to find guilt beyond reasonable doubt |
| Whether circumstantial evidence excluded every reasonable hypothesis of innocence | State: combined physical and testimonial evidence rebuts innocent hypotheses (flight, hat, GSR) | Booker: reasonable hypothesis = he was present but abandoned or hat could belong to someone else | Held for State — circumstantial proof met standard to exclude reasonable hypotheses |
| Weight of the evidence / motion for new trial | State: jury reasonably credited forensic and witness evidence | Booker: verdict against overwhelming weight; forensic evidence minimal, no direct ID | Denied — appellate court defers to jury; verdict not unconscionable |
| Liability as aider/abettor (and abandonment defense) | State: presence plus concerted action and attendant facts support aider/abettor liability | Booker: mere presence doesn’t prove aiding; he may have abandoned criminal intent | Held: jury properly instructed; sufficient evidence to find Booker a principal or accomplice; abandonment not proven |
Key Cases Cited
- Lenoir v. State, 222 So. 3d 273 (Miss. 2017) (standard for reviewing sufficiency of evidence)
- McRee v. State, 732 So. 2d 246 (Miss. 1999) (circumstantial-evidence rule: must exclude every reasonable hypothesis consistent with innocence)
- Layne v. State, 542 So. 2d 237 (Miss. 1989) (§97-3-19(2)(e) capital-murder subsection does not require proving elements of murder separate from felony commission)
- Sneed v. State, 31 So. 3d 33 (Miss. Ct. App. 2010) (aider-and-abetter principles; presence plus aid or encouragement equals culpability)
- Jones v. State, 710 So. 2d 870 (Miss. 1998) (aiding and abetting precedent cited for accomplice liability)
- Miller v. Alabama, 567 U.S. 460 (U.S. 2012) (juvenile-sentencing considerations noted; Miller hearing referenced)
- Flynt v. State, 183 So. 3d 1 (Miss. 2015) (motion for new trial may challenge weight of evidence)
- Little v. State, 233 So. 3d 288 (Miss. 2017) (standard for disturbing a verdict as against the overwhelming weight of the evidence)