80 So. 3d 1164
La. Ct. App.2011Background
- Mosley was indicted for second degree murder (LSA-R.S. 14:30.1) and convicted after a jury trial.
- Victim Yvonne Lee was the assistant director of Shreveport Green; Mosley, a 17-year-old employee, relied on her for rides home.
- Property was stolen from Shreveport Green; investigators sought cooperation and warned about polygraph testing.
- On Feb. 3, 2010, surveillance showed Mosley entering Lee’s car wearing a distinctive white jacket; Lee’s vehicle was later found with Lee dead from a gunshot.
- Weapons and blood evidence were recovered: a semiautomatic pistol, blood-stained cash, and Mosley’s bloodied jacket and gloves; Mosley confessed to possessing a gun and disposing of clothes.
- Mosley was found in his apartment, arrested, waived rights, and gave a videotaped statement; the jury later convicted him 11–1.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for second degree murder | Mosley caused Lee’s death with specific intent or during armed robbery. | The State failed to prove specific intent or robbery-related killing beyond reasonable doubt. | Evidence supports specific intent and armed-robbery theory; sufficient for Jackson v. Virginia. |
| Constitutionality of LSA-C.Cr.P. art. 782 (nonunanimous 12-member verdicts for hard labor) | Article 782 is constitutional; 11–1 verdicts permitted by statute while other jurisdictions differ. | Nonunanimous verdicts violate Sixth/Fourteenth Amendments under current interpretation. | Conviction upheld; Article 782 constitutional; 11–1 verdict permissible. |
| Excessiveness of the life sentence without parole | Life without parole is appropriate given the offense and defendant’s conduct. | Sentence is grossly disproportionate and denies rehabilitation. | Mandatory life sentence affirmed; no downward departure warranted; not grossly disproportionate. |
| Impact of prior jurisprudence and Article 894.1 guidance | Court properly considered Article 894.1 criteria before imposing the mandatory sentence. | Lower court misapplied departure standards or should have considered rehabilitation. | Court properly weighed gravity and culpability; no downward departure. |
| Admissibility and sufficiency of physical and circumstantial evidence | Physical evidence (gun, jacket, purse, blood) corroborates intent and participation. | Defense theories could negate intent or plausible cause of death. | Evidence viewed in prosecution’s light supports guilt beyond reasonable doubt. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard: rational jury could find guilt beyond a reasonable doubt)
- State v. Captville, 448 So.2d 676 (La. 1984) (circumstantial evidence requires exclusion of reasonable hypothesis of innocence)
- State v. Calloway, 1 So.3d 417 (La. 2009) (alternative hypothesis must be unreasonable for due-process review)
- State v. Bertrand, 6 So.3d 738 (La. 2009) (upheld constitutionality of nonunanimous juries for hard-labor offenses)
- State v. Jones, 381 So.2d 416 (La. 1980) (confronts Article 782 and jury composition)
- State v. Edwards, 420 So.2d 663 (La. 1982) (jury unanimity considerations in punishment regimes)
- State v. Gullette, 975 So.2d 753 (La. App. 2 Cir. 2008) (credibility and sufficiency assessment on appeal)