186 So. 3d 720
La. Ct. App.2016Background
- Victim William McCready, 79, was found dead in his home on Nov. 30, 2012 with blunt and sharp force trauma; his throat was cut and defensive wounds were present. A knife, broken cane, and metal fence post were among items at the scene. Items were removed from his right pants pocket.
- Surveillance video placed Samuel Dale Turner near a convenience store the night before; he stopped near a storm drain where McCready’s wallet and gloves with initials matching Turner were later recovered.
- DNA testing showed a mixture of Turner’s and McCready’s DNA in McCready’s right pants pocket; DNA from Turner and McCready was also found on the pickup truck’s steering wheel; blood consistent with the victim was on the truck.
- Multiple witnesses placed Turner in the vicinity of McCready’s truck/street the night before; one witness (the victim’s granddaughter) testified Turner visited McCready the prior day, left an employment card, and remarked about taking McCready’s money.
- Turner made statements to others (including an admission to a girlfriend and apologies to victim’s son); the defense presented no evidence at trial. A jury convicted Turner of second-degree murder and he received the mandatory life sentence without parole/probation/suspension.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to sustain second-degree murder conviction | State: circumstantial and direct evidence (DNA, surveillance, recovered wallet/gloves, victim’s injuries, admissions) support conviction beyond a reasonable doubt | Turner: no eyewitness/DNA at scene, no witnesses saw blood on him, alternative innocent transfer of DNA possible | Court: Viewing evidence in light most favorable to prosecution, evidence (forensic, circumstantial, statements) sufficient; reasonable hypotheses of innocence rejected |
| Excessive/mandatory life sentence (cruel and unusual) | Turner: trial judge thought bound to impose life; defendant denied chance to present mitigating evidence for downward departure; sentence is excessive as-applied | State: sentence is mandatory for second-degree murder; defendant must show he is exceptional to rebut constitutionality | Court: Mandatory life sentence constitutional here given heinous facts; defendant failed to show he is an exceptional case; sentence not grossly disproportionate |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for appellate review of sufficiency: whether a rational trier of fact could find guilt beyond a reasonable doubt)
- State v. Lilly, 468 So.2d 1154 (La. 1985) (distinction and treatment of direct vs. circumstantial evidence)
- State v. Captville, 448 So.2d 676 (La. 1984) (jury credibility determinations and appellate deference)
- State v. Dorthey, 623 So.2d 1276 (La. 1993) (constitutional excessive sentence standard: gross disproportionality)
- State v. Johnson, 709 So.2d 672 (La. 1998) (standard for rebutting constitutionality of mandatory sentences by showing defendant is exceptional)