74 So. 3d 254
La. Ct. App.2011Background
- Lewis was convicted by jury of second degree murder and sentenced to life imprisonment without parole.
- The victim, Precious Story, was found dead in Arkansas near the Louisiana state line; cause of death was multiple gunshot wounds to head/neck.
- Lewis was linked to Petey through possession of her license plate, involvement in trading vehicles, and a statement of ownership over her property; multiple witnesses connected him to the scene and events surrounding her disappearance.
- Trial included extensive physical and testimonial evidence, including blood evidence, forensic testimony, and a voicemail recording later interpreted by a witness as involving Lewis.
- Lewis challenged sufficiency of evidence and argued he was not the shooter and that circumstantial evidence did not exclude reasonable hypotheses of innocence.
- Appellate review applied Jackson v. Virginia standard to assess whether any rational trier of fact could find essential elements beyond a reasonable doubt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence suffices to prove second degree murder. | Lewis argues circumstantial evidence cannot establish intent/killing. | Lewis contends no direct link shows he fired the fatal shots or caused death. | Sufficiency supported; reasonable jury could find all elements beyond a reasonable doubt. |
| Whether Lewis can be convicted as a principal despite not firing the shot. | State shows Lewis participated in planning/execution and possession of property linked to the crime. | Lewis asserts he did not personally shoot and that others acted primarily. | Yes; principals include those who knowingly participate in planning or execution; enough evidence supported participation. |
| Whether the circumstantial evidence excludes every reasonable hypothesis of innocence. | State presented multiple corroborating facts (vehicle transactions, blood, statements) creating guilt beyond reasonable doubt. | Circumstantial evidence alone should not sustain guilt; possibilities of innocence remain. | Evidence, viewed cumulatively, excluded reasonable hypotheses of innocence. |
| Whether the voicemail recording and witness testimony concerning it support Lewis's guilt. | Voice on recording attributed to Lewis; prior statements and testimony corroborate involvement. | Jamario’s identification was unreliable and interpretations varied; confession-like statements were disputed. | Recordings and witness testimony provided a basis for inference of guilt; credibility resolved in favor of the State. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court, 1979) (sufficiency standard; rational trier of fact must find elements beyond reasonable doubt)
- State v. Tate, 851 So.2d 921 (La. 2003) (guides appellate review of sufficiency under La. Cr. P. art. 821)
- State v. Casey, 775 So.2d 1022 (La. 2000) (credibility and jury’s factual determinations afforded deference)
- State v. Gullette, 975 So.2d 753 (La.App.2 Cir. 2008) (one witness’s testimony can suffice if credible and uncontradicted by physical evidence)
- State v. Hampton, 750 So.2d 867 (La. 1999) (principal liability; presence at scene not enough without requisite mental state)
- State v. Eason, 3 So.3d 685 (La.App.2 Cir. 2009) (Jackson standard applies to direct and circumstantial evidence)