State v. Ray, 115 So. 3d 17

Indictment for second-degree murder under LSA-R.S. 14:30.1; trial by jury December 2011 resulting in conviction and life without parole.
Shooting occurred Feb. 24, 2011 in Harvey; defendant argued with Wilkinson, then returned with a gun and shot him in a group setting.
Investigation identified the suspect as Richard Ray, with a white Lincoln and license TTC007; camera footage captured the car in the vicinity.
Witnesses testified defendant argued with Wilkinson, left, returned with a gun, and fired; multiple witnesses positively identified defendant in photographic lineups.
Surveillance data placed defendant near the scene and in the vicinity around the time of the shooting; pawn ticket from Gretna shop corroborated proximity; defendant’s alibi via his mother was not corroborated.
Court applied Jackson v. Virginia standard for sufficiency of the evidence, reviewing credibility and identifications; conviction affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence to convict for second-degree murder	Ray argues identity not proven beyond reasonable doubt	State failed to negate misidentification and inconsistencies	Evidence sufficient; rational juror could find guilt beyond reasonable doubt

State v. Martinez, 38 So.3d 926 (La.App. 5 Cir. 2010) (establishes inference of intent from circumstances)
State v. Ingram, 888 So.2d 923 (La.App. 5 Cir. 2004) (identification credibility allowed; negating misidentification burden on State)
State v. Jackson, 880 So.2d 841 (La.App. 5 Cir. 2004) (specific intent to kill may be inferred from shooting)
State v. Draughn, 950 So.2d 583 (La.1/17/2007) (identity proof and burden on prosecution)
State v. Jones, 985 So.2d 234 (La.App. 5 Cir. 2008) (credibility determinations lie with the trier of fact)
State v. Oliveaux, 312 So.2d 337 (La.1975) (errors patent review standard referenced)
Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency review standard for evidence)