State of Louisiana v. Marcus Donte Reed
200 So. 3d 291
La.2016Background
- On Aug. 16, 2010 Marcus Donte Reed was charged by Caddo Parish grand jury with three counts of first-degree murder for the ambush-style killings of Jeremiah (20), Jarquis (18) and Gene (13) Adams; a semi-automatic rifle was recovered hidden under the porch.
- Eyewitnesses Daniel Jackson and Shannon Garland testified Reed emerged from the woods wearing latex gloves, fired a rifle into a parked car, circled the vehicle shooting the unarmed occupants and ordered bystanders to help move bodies; other witnesses and forensic evidence (ballistics, autopsies, DNA on clothing) corroborated this account.
- Reed’s defense was justified homicide (self-defense / that victims were burglars who posed danger) and, more briefly, manslaughter/sudden passion; trial evidence included burglary earlier that day and testimony about Reed’s role in local marijuana sales.
- A jury convicted Reed of three counts of first-degree murder and unanimously returned a death sentence, finding the statutory aggravator that Reed knowingly created a risk of death/great bodily harm to more than one person.
- Reed appealed raising 50 assignments of error; the Louisiana Supreme Court affirmed conviction and death sentence after reviewing sufficiency of evidence, jury instructions and ineffective-assistance claims, prosecutorial conduct, hearsay rulings, admissibility of other-crimes evidence, penalty-phase evidence, the judge’s emotional display, and proportionality.
Issues
| Issue | State's Argument | Reed's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence / self-defense | Evidence (eyewitnesses, ballistics, autopsy, DNA, concealment/washing of clothes) disproves self-defense; specific intent and premeditation shown. | Reed argues killings were justified or at most manslaughter because victims had burglarized his home earlier and he reasonably feared imminent harm. | Affirmed: viewed in light most favorable to prosecution, evidence supports convictions for first-degree murder and rejection of self‑defense and manslaughter theories. |
| Jury instructions / ineffective assistance | Requested instructions on justifiable homicide (A(1)) and retreat were given; State argues no prejudice from not giving A(2)/(3)/(D) or from counsel’s choices. | Reed contends counsel was ineffective for failing to request "stand your ground" provisions and for requesting retreat instruction, prejudicing his defense. | Denied: counsel performance not shown to be prejudicial under Strickland given overwhelming contrary evidence. |
| Prosecutorial misconduct / rebuttal remarks | State says rebuttal responded to defense argument; remarks about counsel, religion, and character were within rebuttal scope and not prejudicial. | Reed claims comments were personal attacks, invoked religion improperly, misstated evidence, and threatened witnesses, requiring mistrial or reversal. | Denied: court found remarks were responsive or harmless; no reasonable likelihood of affecting verdict; mistrial not required. |
| Other-crimes and penalty-phase evidence; proportionality | State sought admission of drug-related evidence (motive/identity) and evidence of prior conviction/unadjudicated jail-conspiracy at sentencing to show character/propensities. | Reed argued unfair prejudice, Prieur/Jackson limits, and that some penalty evidence injected arbitrary factors. | Admissibility upheld: trial court did not abuse discretion; penalty evidence not shown to render sentence arbitrary; proportionality review affirmed death sentence. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of the evidence)
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance standard)
- Napue v. Illinois, 360 U.S. 264 (State must correct false testimony)
- Giglio v. United States, 405 U.S. 150 (impeachment and disclosure of incentives/false testimony)
- Tibbs v. Florida, 457 U.S. 31 (weight-of-evidence vs. sufficiency review)
- Pulley v. Harris, 465 U.S. 37 (federal Constitution does not require proportionality review)
- State v. Captville, 448 So.2d 676 (Louisiana adoption of Jackson sufficiency standard)