96 F.4th 1323
11th Cir.2024Background
- Tierzah Mapson and her sisters Charis and Elisa were convicted of charges related to an unsuccessful plot to murder Joshua Thornton, Tierzah's child's father, amid a child custody dispute.
- The government alleged the Mapson sisters lured Thornton to a remote Alabama gas station under false pretenses, using coordinated communications and misdirection.
- Charis, a former Marine with sniper training, and Elisa were placed at the scene via cell data and vehicle location (ALPR) records; Tierzah remained in Florida, coordinating with them remotely.
- The sisters offered shifting, inconsistent explanations to law enforcement post-incident, including denial, blaming gangs, and implicating a fictitious individual.
- The jury convicted Tierzah on five counts (conspiracy, domestic violence, stalking), Charis on three, and Elisa on three; all appealed based on evidentiary and sufficiency grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of Charis’s AR rifle statement | Charis argued it was prejudicial hearsay, inadmissible under Rule 801(c) | Gov't: Statement is party-opponent admission under Rule 801(d)(2)(A) | Not hearsay; properly admitted as nonhearsay |
| Admission of ALPR evidence (privacy) | Elisa/Charis: ALPR database search was warrantless, unconstitutional | Gov't: No privacy expectation; good-faith reliance on precedent | Admissible under good-faith exception |
| Admission of ALPR evidence (expertise) | Elisa/Charis: ALPR data needed expert testimony under Rule 702 | Gov't: Evidence was lay testimony based on experience | No abuse of discretion; testimony appropriate |
| Sufficiency of evidence (all convictions) | Each argued evidence was insufficient, esp. tying them to violence/scene | Gov't: Circumstantial evidence supports guilt beyond reasonable doubt | Sufficient evidence for all convictions |
Key Cases Cited
- Musacchio v. United States, 577 U.S. 237 (2016) (sets standard for appeals on sufficiency of evidence)
- Carpenter v. United States, 585 U.S. 296 (2018) (historical cell-site tracking is a Fourth Amendment search, but good-faith exception applied here)
- Davis v. United States, 564 U.S. 229 (2011) (evidence obtained under prior binding precedent—good-faith reliance)
- Glasser v. United States, 315 U.S. 60 (1942) (conspiracy can be proven by circumstantial evidence)
- Holland v. United States, 348 U.S. 121 (1954) (circumstantial evidence can be sufficient for conviction)
- Old Chief v. United States, 519 U.S. 172 (1997) (Rule 403 "unfair prejudice" defined)
- United States v. Williams, 837 F.2d 1009 (11th Cir. 1988) (admission by party-opponent is nonhearsay)
- United States v. Jeri, 869 F.3d 1247 (11th Cir. 2017) (lay witness can offer opinion based on personal experience under Rule 701)