State v. Holmes, 119 So. 3d 181

Holmes was indicted for second degree murder of Marvin Newman and attempted second degree murder of Teri Creagh; a superseding indictment replaced the prior one.
Trial proceeded in November 2011; Holmes was convicted on both counts and sentenced to life imprisonment without parole for murder and 50 years for attempted murder, consecutive.
Ballistic evidence showed two calibers (.380 and .40) and two weapons; no guns were recovered at the scene or from the victims.
Candice Cobena identified Holmes as the shooter; Duckett, the co-defendant, gave conflicting statements about who fired and later claimed self-defense.
The crime scene produced two clusters of cartridge casings, supporting the theory of two shooters; expert testimony linked casings to two weapons, though a surviving victim’s bullet was not recovered.
Pretrial and trial motions to sever were denied; the cases were tried jointly, with defenses potentially antagonistic but the court found joinder appropriate.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Insufficiency of the evidence	Holmes argues one shooter and one gun caused all wounds; insufficient to prove two shooters or identity.	State failed to prove Newman was shot by Holmes or by a second shooter; conflicts in testimony undermine proof.	Sufficiency upheld; two shooters and Holmes as a principal could be inferred; convictions affirmed.
Denial of severance	Severance was necessary due to antagonistic defenses and potential Bruton/Crawford issues.	Joint trial prejudiced him; Duckett’s confession and co-defendant’s testimony would have tainted separate trials.	Denial of severance affirmed; court did not abuse discretion given two shooters and evidentiary basis.
Excessive sentence	Maximum consecutive sentence reasonable given harm, multiple shooters, and risk to bystanders.	50-year term excessive for attempted second degree murder; consecutive nature unduly harsh and wasn't properly justified.	Not excessive; sentences upheld and no abuse of sentencing discretion found.

State v. Harrell, 811 So.2d 1015 (La.App. 5 Cir. 2002) (sufficiency standard; Jackson v. Virginia framework)
State v. Scott, 97 So.3d 1046 (La.App. 5 Cir. 2012) (evaluation of circumstantial evidence; rational trier of fact)
State v. Gant, 942 So.2d 1099 (La.App. 5 Cir. 2006) (flight and consciousness of guilt as circumstantial evidence)
State v. Bannister, 88 So.3d 628 (La.App. 5 Cir. 2012) (specific intent inferred from acts and injuries)
State v. Severin, 885 So.2d 609 (La.App. 5 Cir. 2004) (identification and intent; shooting into a crowd )
State v. Lavigne, 412 So.2d 993 (La.1982) (severance review standards for pre-trial motions)
State v. Bradford, 367 So.2d 745 (La.1978) (joinder vs severance policy considerations)
State v. Prudholm, 446 So.2d 729 (La.1984) (mutually antagonistic defenses; severance if needed)
State v. Coe, 40 So.3d 293 (La.App. 5 Cir. 2010) (abuse of discretion standard for severance; prejudice)
State v. Williams, 416 So.2d 914 (La.1982) (policy favoring joint trials; balancing interests)