State v. Turner, 91 So. 3d 426

Jeremy Turner and two co-defendants were indicted for conspiracy to commit armed robbery and second degree murder in connection with Cletis Jessie, Jr.'s death.
Turner, Meredith, and Petty were tried separately; Turner was found guilty on both counts and sentenced to 40 years for conspiracy and life for second degree murder.
The murder occurred January 2, 2010, when Jessie arrived to help Turner’s stalled car and was shot; Petty and Meredith drove away with the victim’s car.
Webber saw a white vehicle with a man exit and heard two gunshots; the victim’s car and other evidence were later found in a wooded area.
Defendant testified that he acted as a bystander, assisted with jumper cables, and did not intend or anticipate the armed robbery or killing.
DNA analysis from a glove found near the victim’s car showed mixtures including Turner; DNA from the steering wheel also showed mixtures including the victim, Meredith, and Petty.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for conspiracy and murder	Turner was allegedly lured to Center Street for robbery; evidence proves intent and overt acts.	State did not negate hypothesis that Turner merely sought a jump and had no knowledge of robbery or shooting.	Sufficient evidence supported both conspiracy and second degree murder
Juror Sparks removal for cause	Court properly removed Sparks due to incapacity; discretion supported.	Voir dire failed to properly inquire; removal violated fair trial rights.	No abuse of discretion; Sparks properly removed for cause
Petty's Fifth Amendment invocation before jury	State was entitled to call co-defendant; invocation did not prejudice Turner.	Petty's assertion of privilege in front of jury violated due process and Turner's right to a fair trial.	Contemporaneous objection lacking; no reversible error established

Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court, 1979) (establishes the standard for sufficiency of evidence)
State v. Lathers, 868 So.2d 881 (La. App. 5th Cir., 2004) (circumstantial evidence sufficiency framework)
State v. Bailey, 875 So.2d 949 (La. App. 5th Cir., 2004) (credibility/restraint in appellate review of witness testimony)
State v. Michel, 961 So.2d 516 (La. App. 5th Cir., 2007) (voir dire and trial court discretion in juror challenges)
State v. Mitchell, 7 So.3d 720 (La. App. 5th Cir., 2009) (discretion in ruling on juror qualifications)
State v. George, 661 So.2d 975 (La. Sup. Ct., 1995) (contemporaneous objection standard)