State v. Davis
175 A.3d 71
| Conn. App. Ct. | 2017Background
- Defendant Paul Davis, a gang member, drove a car during a retaliatory drive-by shooting; two passengers fired at a group of children, killing Kerry Foster Jr. and wounding another.
- Defendant did not fire the weapon but drove the vehicle and aided in planning and post-shooting cover-up; he later provided statements to police and a written confession years later.
- Prosecuted and convicted of accessory to murder, conspiracy to commit murder, and attempt to commit murder; convictions for conspiracy and attempt were previously affirmed.
- On appeal, defendant raised an unpreserved claim that the trial court erred by instructing the jury it did not need to prove specific intent to kill the victim for accessory to murder; the claim was reviewed under the plain error doctrine after remand from the Connecticut Supreme Court.
- Trial court instructed that the state must prove specific intent to kill, but did not have to prove the defendant intended to kill that particular victim (transferred intent theory); evidence showed no particular victim was targeted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether jury instruction relieved prosecution of proving specific intent to kill for accessory to murder | State: Instruction correctly explained law — specific intent required but need not be targeted at particular victim (transferred intent) | Davis: Instruction misstated law and allowed conviction without proving specific intent to kill | Court held instruction was correct: prosecution had to prove intent to kill someone, not necessarily that defendant intended to kill that specific victim; no plain error |
Key Cases Cited
- State v. McClain, 324 Conn. 802 (2017) (plain error standard and two-pronged test)
- State v. Courchesne, 296 Conn. 622 (2010) (murder statute permits transferred intent)
- State v. Carrion, 313 Conn. 823 (2014) (jury instructions evaluated as a whole for probable effect)
- State v. Kitchens, 299 Conn. 447 (2011) (waiver of unpreserved claims)
- State v. Davis, 163 Conn. App. 458 (2016) (trial facts and earlier appellate disposition)