247 So. 3d 908
La. Ct. App.2018Background
- Victim (Mr. Slan) was shot seven times on February 13, 2016; he identified the defendant (Will Moffett) at the hospital the night of the shooting.
- Defendant's mother, Ms. Moffett, called 911 reporting her son shot a man and initially identified him as the shooter, but later testified she did not actually see the shooting.
- Police found .38 caliber casings at the scene; defendant was arrested about 30 minutes later and tested negative for gunshot residue.
- Defendant denied shooting, claiming a hooded intruder fired and he fled, then returned when he learned police sought him.
- Jury convicted the defendant of attempted manslaughter (responsive verdict); court reviewed sufficiency of evidence and identity of shooter.
Issues
| Issue | State's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to prove attempted manslaughter | Evidence (victim ID, mother's ID, scene evidence) proved intent to kill beyond reasonable doubt | Lack of physical evidence linking defendant, GSR negative, memory lapses of witnesses, possible misidentification | Affirmed — viewed in light most favorable to State, evidence sufficient to convict |
| Identity reliability / misidentification | Victim had opportunity to view shooter, prior acquaintance with defendant, identified him at hospital; Manson factors satisfied | Argued State failed to negate reasonable probability of misidentification; witnesses unreliable | Affirmed — hospital ID and corroborating statements negated reasonable misidentification |
| Credibility of witnesses | Jury entitled to credit victim and other State witnesses despite inconsistencies | Pointed to inconsistencies and memory lapses (mother) to attack credibility | Affirmed — credibility determinations are for jury; no abuse of discretion found |
| Specific intent requirement for attempted manslaughter | Defendant aimed and fired at close range, supporting intent to kill | Denied shooting; claimed flashback and fleeing after shots by unknown assailant | Affirmed — discharging a lethal weapon at victim supports inference of specific intent |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes standard for sufficiency of evidence review)
- Manson v. Brathwaite, 432 U.S. 98 (sets reliability factors for eyewitness identification)
- State v. Williams, 85 So.3d 759 (one witness sufficient absent contradictions)
- State v. Richards, 78 So.3d 864 (credibility is for the fact finder)
- State v. Rapp, 161 So.3d 103 (single-witness testimony can support conviction)
- State v. Neal, 796 So.2d 649 (positive ID by one witness sufficient)
- State v. Stewart, 909 So.2d 636 (State must negate reasonable probability of misidentification)
- State v. Cooks, 81 So.3d 932 (specific intent may be inferred from circumstances)
- State v. Everett, 96 So.3d 605 (specific intent may be inferred)
- State v. Hoffman, 768 So.2d 542 (aiming and discharging lethal weapon supports specific intent to kill)
