269 So. 3d 1123
La. Ct. App.2019Background
- Defendant Chamid J. Davis (juvenile at offense) was indicted for second-degree murder for the October 19, 2015 shooting death of 15‑year‑old Kevin Thomas, Jr.; jury convicted and trial court sentenced Davis to life at hard labor with parole eligibility.
- Key evidence: (1) victim’s phone showed a text from number later linked to Davis minutes before the shooting; (2) witnesses (including girlfriend Johnneika) told police Davis admitted he lured Kevin outside and that he and co‑defendant Hughes shot him; (3) cell‑site records placed Davis’s phone near the murder around the time of the killing; (4) ballistics showed two guns were fired at the scene, one of which matched a .9 mm Ruger reported stolen two days earlier.
- The State introduced La. C.E. art. 404(B)/res gestae evidence showing Davis was at the house where Mr. Petit’s .9 mm Ruger was later reported stolen (to show access/opportunity to a weapon used in the crime).
- Defense contested sufficiency/identity, admissibility of the 404(B) evidence, and the use of cell‑site location records obtained via an SCA 2703 order (arguing Carpenter v. United States required a warrant).
- Trial court admitted the 404(B) evidence and cell records (via subpoena duces tecum under 18 U.S.C. § 2703); on appeal the court affirmed conviction and sentence but remanded to correct commitment paperwork to reflect statutorily ineligible benefits.
Issues
| Issue | State's Argument | Davis's Argument | Held |
|---|---|---|---|
| Sufficiency / Identity of perpetrator | Evidence (confession to girlfriend, corroborating texts, cell‑site data, presence in gray truck with Hughes, motive) suffices to prove Davis committed murder beyond reasonable doubt | Alternate suspect (cousin Daniel Bryant) could have had access to guns/phone; eyewitnesses inconsistent; cell‑site and witness credibility insufficient | Affirmed — when viewed in light most favorable to prosecution, evidence supported conviction and jury credibility findings stood |
| Admission of evidence re: stolen Ruger (404(B)/res gestae) | Testimony that Davis was present at house when Ruger was taken is integral to the crime narrative and shows opportunity/access for Hughes (co‑actor) to possess weapon used shortly before murder | Evidence prejudicial; Davis did not steal the Ruger and showing his presence unfairly implicated him | Affirmed — trial court properly admitted the evidence as integral act/res gestae because it completed the story and showed close connexity in time/place |
| Cell‑site location records obtained under SCA §2703 (Carpenter issue) | Records were properly obtained under SCA order and, at time, law supported obtaining them; suppression not warranted under Leon/Davis good‑faith doctrine | Carpenter requires warrant/probable cause for cell‑site records; records should have been suppressed as violation of Fourth Amendment | Affirmed — appellate court found defendant failed to preserve error; applied Carpenter retroactively but concluded suppression not warranted because officers relied on SCA and prevailing precedent (good‑faith/SCA reliance) |
| Sentencing notation error (errors patent) | N/A — court sought correction to paperwork | N/A | Remanded to correct Uniform Commitment Order and minute entry to reflect statutory restriction on probation/suspension for life sentence |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for review of sufficiency of evidence)
- Griffith v. Kentucky, 479 U.S. 314 (new constitutional rules apply retroactively on direct review)
- Carpenter v. United States, 138 S. Ct. 2206 (warrant required generally for historical cell‑site location records)
- United States v. Leon, 468 U.S. 897 (good‑faith exception to exclusionary rule)
- Davis v. United States, 564 U.S. 229 (attenuation of exclusion when reliance is on binding precedent)
- Old Chief v. United States, 519 U.S. 172 (probative value vs. prejudicial effect / narrative momentum concept)
- Miller v. Alabama, 567 U.S. 460 (sentencing juvenile homicide offenders; relevant to defendant’s sentence)