138 So. 3d 700
La. Ct. App.2014Background
- On May 21, 2009, Umar Ervin was shot in his yard and died on a neighbor’s porch; weapons and related items were found in his backyard. No casings/projectiles tied to a shooter were recovered.
- Michael Gordon, a neighborhood acquaintance with prior convictions and a history of drug addiction, testified he heard shots, saw defendant Jarrod “Hustle” Henry running from the area with a semiautomatic, and later overheard Henry claim responsibility. Gordon identified Henry from a photo.
- Physical and forensic evidence: an AK‑type rifle and a sawed‑off shotgun and magazines were recovered near blood evidence; a knit cap matched the victim’s DNA; victim tested presumptively negative for firing a weapon.
- Henry testified and offered alibi witnesses (family, girlfriend) placing him at his mother’s home the night of the shooting; cellphone tower evidence showed some calls hitting towers away from Gary Court around the time of the shooting.
- Henry was indicted for second‑degree murder, tried in November 2012, convicted by jury of the responsive verdict manslaughter, sentenced to 40 years, later adjudicated a second felony offender; he appealed, arguing insufficiency of evidence and trial court error denying a new trial based on allegedly newly discovered eyewitness Sherida Jackson.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Henry) | Held |
|---|---|---|---|
| Sufficiency of the evidence to support conviction | Evidence (including Gordon’s ID and circumstantial scene evidence) is sufficient under Jackson to prove guilt; jury weighed credibility | Gordon was unreliable (convict, drug addict, potential informant); other suspects existed; alibi witnesses negate presence | Conviction affirmed — viewing evidence in light most favorable to prosecution, a rational juror could find guilt beyond reasonable doubt; credibility and weight for jury |
| Identification reliability | Single witness ID can suffice; State negated reasonable probability of misidentification | Identification stemmed from an untrustworthy witness; misidentification plausible | Held for State — jury credited Gordon; one witness ID sufficient |
| Motion for new trial based on newly discovered witness (Sherida Jackson) | Jackson either was not an eyewitness or, if she were, her testimony was available and not newly discovered; trial court discretion | Jackson would have identified another shooter (Shelvin/Shelton Ivory); police failed to develop/produce her; her evidence is new/material and would probably change verdict | Denial of new trial affirmed — Jackson denied being eyewitness; requirements for newly discovered evidence not met; trial court did not abuse discretion |
| Errors patent / sentencing record corrections | N/A (appellate court reviews) | Challenges to certain clerical and advisal errors in commitments and transcripts | Affirmed conviction and remanded for correction of habitual bill and commitment forms; advised defendant re: post‑conviction prescriptive period |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for testing sufficiency of the evidence)
- State v. Ortiz, 701 So.2d 922 (La. 1997) (applying Jackson standard in Louisiana)
- State v. Bailey, 875 So.2d 949 (La. App. 5th Cir. 2004) (sufficiency review and credibility weight not for appellate court)
- State v. Mitchell, 772 So.2d 78 (La. 2000) (treatment of circumstantial evidence and alternative hypotheses)
- State v. Kempton, 806 So.2d 718 (La. App. 5th Cir. 2001) (definition and rule on circumstantial evidence)