Raheem Mark Miller v. State
12-16-00296-CR
| Tex. App. | Dec 13, 2017Background
- Raheem Mark Miller was indicted for capital murder, tried by jury, convicted, and sentenced to life without parole; appeal challenged sufficiency of evidence.
- Jury was instructed it could convict Miller as primary actor, accomplice, or conspirator; conviction was returned as charged.
- Victim Cedric Collins was found shot beside his running car; physical evidence included two .380 shell casings, a pill bottle, a cap, blood and signs of a struggle inside the vehicle.
- Phone records/texts showed Collins exchanged messages with “Heemi” (Miller’s nickname) arranging a drug meet about an hour before the shooting.
- Miller gave multiple statements: initially denied presence; later admitted riding in Collins’s rear passenger seat, pointed a gun at Collins, knew another (identified as Michael Duke or Johnny Castenada) had a gun, and described a struggle during which a shot was fired; Miller also admitted possessing a gun and later giving a gun to a third party.
- Investigators found footprints on front and rear seats, shell casings in rear areas, and other indicia of a struggle; no gun or conclusive DNA/fingerprint matches were recovered.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Miller) | Held |
|---|---|---|---|
| Sufficiency to convict as primary actor | Evidence supports that Miller participated in the robbery, was in rear seat, pointed a gun, and struggle/shots came from rear — he shot Collins | No eyewitness, no physical proof Miller fired the fatal shot; he denied shooting | Affirmed — rational juror could find Miller committed capital murder as primary actor |
| Sufficiency to convict as accomplice | Miller aided/encouraged robbery, pointed gun, and acted to facilitate escape; intent to kill can form during struggle | Insufficient proof Miller intended to promote/assist capital murder | Affirmed — evidence sufficient that Miller aided/attempted to aid the killing during robbery |
| Sufficiency to convict as conspirator | Miller agreed to rob Collins, brought a firearm, and should have anticipated deadly risk; co-conspirator committed murder in furtherance | No proof of agreement to rob or conspiracy | Affirmed — evidence supports conspiracy and foreseeability of lethal violence |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (legal-sufficiency standard: whether any rational trier of fact could find guilt beyond a reasonable doubt)
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (Jackson is the sole standard for legal sufficiency reviews)
- Flanagan v. State, 675 S.W.2d 734 (Tex. Crim. App. 1984) (specific intent to kill may be inferred from use of a deadly weapon)
- Hooper v. State, 214 S.W.3d 9 (Tex. Crim. App. 2007) (circumstantial evidence may establish guilt when cumulative force supports conviction)
- Malik v. State, 953 S.W.2d 234 (Tex. Crim. App. 1997) (sufficiency measured against a hypothetically correct jury charge)
- Tibbs v. Florida, 457 U.S. 31 (1982) (successful sufficiency challenge results in acquittal by reviewing court)