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247 So. 3d 908
La. Ct. App.
2018
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Background

  • 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)
Read the full case

Case Details

Case Name: State v. Moffett
Court Name: Louisiana Court of Appeal
Date Published: Jun 13, 2018
Citations: 247 So. 3d 908; NO. 2017–KA–0769
Docket Number: NO. 2017–KA–0769
Court Abbreviation: La. Ct. App.
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