241 So. 3d 1205
La. Ct. App.2018Background
- Defendant Javon Wells was indicted for second-degree murder for the May 4, 2016 killing of Kendall Williams; tried by jury and convicted; sentenced to life without benefit; appeal followed.
- Two eyewitnesses at a gazebo in New Sarpy—Lou' Donovan Wells (his cousin) and Lamar Walker—identified Javon Wells as the shooter; both described Wells approaching the victim and a single gunshot to the back of the victim's head.
- Autopsy (Dr. Troxclair) established a single close-range gunshot wound to the back of the head, cause of death homicide.
- Police arrested Javon Wells the night of the shooting and obtained a videotaped custodial statement; a holster was seized from his grandmother’s home; no GSR or DNA tests were performed on items or on defendant.
- Defense highlighted witness inconsistencies (varying statements to police, trauma, reluctance to ID a relative) and introduced one defense witness who observed events nearby but did not see the shooting.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to support second-degree murder conviction | State: eyewitness IDs + autopsy permit rational finding of specific intent and guilt | Wells: eyewitnesses gave inconsistent statements; identification unreliable; evidence insufficient | Affirmed — viewing evidence in light most favorable to prosecution, a rational juror could find guilt beyond a reasonable doubt |
| Whether witness inconsistencies require reversal | State: credibility is for the jury; inconsistencies explained by trauma/reluctance | Wells: inconsistencies and initial non-identification undermine reliability | Court: credibility determinations are for the trier of fact; jury rationally credited witnesses |
| Appellate review despite no post-verdict motion for acquittal | State: appellate sufficiency review remains available even if no post-verdict motion filed | Wells: (implied procedural default) | Court: Failure to move for post-verdict judgment does not bar appellate sufficiency review |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (sets standard for sufficiency review)
- State v. Hearold, 603 So.2d 731 (requirement to consider entirety of evidence in sufficiency review)
- State v. Mitchell, 772 So.2d 78 (standard for evaluating alternative hypotheses in circumstantial evidence cases)
- State v. Harrell, 811 So.2d 1015 (circumstantial evidence standard)
- State v. Holmes, 119 So.3d 181 (specific intent may be inferred from pointing and shooting, and severity of injury)