State v. Scott
97 So. 3d 1046
La. Ct. App.2012Background
- Defendant Renard Scott appeals his conviction for second degree murder; co-defendant Cedric Lewis tried separately; appeal concerns only Scott.
- Victim Trellas Porter was killed in his Harvey, Louisiana home on July 3, 2005.
- Witness Alicia Porter described a black male with dreadlocks as intruder; she heard two gunshots and heard the name Cedric.
- Witness Dorothy Eugene, the grandmother, described two intruders; she scratched a gunman and later identified defendant’s DNA from fingernail scrapings.
- DNA under Eugene’s fingernails matched defendant and did not match Lewis, Lindsey, or the victim; expert testified amount not from casual contact; detective unable to identify alternative source.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Identity sufficiency in light of DNA evidence | State contends evidence proves defendant participated | Scott argues DNA alone insufficient to prove identity beyond reasonable doubt | Sufficient; DNA plus surrounding evidence supports identity beyond reasonable doubt |
| Denial of continuance and severance motions | State argues no abuse of discretion; witnesses unavailable, no prejudice shown | Defendant claims continuance and severance were warranted due to missing witnesses | No abuse of discretion; denials affirmed |
Key Cases Cited
- State v. Mickel, 41 So.3d 582 (La.App. 5 Cir. 2010) (sufficiency review; identity considerations)
- State v. Wiley, 68 So.3d 583 (La.App. 5 Cir. 2011) (principal to murder; DNA at scene supports conviction)
- State v. Williams, 3 So.3d 526 (La.App. 5 Cir. 2008) (identity element; negating misidentification)
- State v. Caffrey, 15 So.3d 198 (La.App. 5 Cir. 2009) (credibility of witnesses; appellate reweighing not allowed)
- State v. Coe, 40 So.3d 293 (La.App. 5 Cir. 2010) (severance considerations; discretionary ruling)