Summary
The Louisiana Court of Appeal, Second Circuit, affirmed Damion Daron Sherfield’s conviction for second degree murder. The court held that the evidence was sufficient for a rational jury to reject Sherfield’s claims of sudden passion, heat of blood, and self-defense and to find him guilty rather than return a manslaughter verdict. The court concluded that the victim’s words, gestures, and concealed firearm did not establish provocation sufficient to deprive an ordinary person of self-control.
Holdings
- The evidence was sufficient for a rational jury to find Sherfield guilty of second degree murder rather than manslaughter because the evidence did not establish by a preponderance that sudden passion or heat of blood deprived an average person of self-control or cool reflection.
- The evidence was sufficient for a rational jury to find beyond a reasonable doubt that the homicide was not committed in self-defense.
Questions Presented
- Whether the evidence was sufficient for a rational jury to find Sherfield guilty of second degree murder rather than manslaughter based on sudden passion or heat of blood.
- Whether the evidence was sufficient for a rational jury to find beyond a reasonable doubt that the homicide was not committed in self-defense.
Disposition
affirmed
Cases Cited (20)
- Jackson v. Virginia, 443 U.S. 307, 99 S. Ct. 2781, 61 L. Ed. 2d 560 (1979)(followed)
- State v. Tate, 01-1658 (La. 5/20/03), 851 So. 2d 921, cert. denied, 541 U.S. 905, 124 S. Ct. 1604, 158 L. Ed. 2d 248 (2004)(followed)
- State v. Grimble, 51,446 (La. App. 2 Cir. 7/5/17), 224 So. 3d 498(followed)
- State v. Dotie, 43,819 (La. App. 2 Cir. 1/14/09), 1 So. 3d 833, writ denied, 09-0310 (La. 11/6/09), 21 So. 3d 297(followed)
- State v. Smith, 94-3116 (La. 10/16/95), 661 So. 2d 442(followed)
- State v. Eason, 43,788 (La. App. 2 Cir. 2/25/09), 3 So. 3d 685, writ denied, 09-0725 (La. 12/11/09), 23 So. 3d 913(followed)
- State v. Alexander, 51,918 (La. App. 2 Cir. 4/11/18), 247 So. 3d 981, writ denied, 18-0805 (La. 2/11/19), 263 So. 3d 436(followed)
- State v. Sutton, 436 So. 2d 471 (La. 1983)(followed)
- State v. Hampton, 52,403 (La. App. 2 Cir. 11/14/18), 261 So. 3d 993, writ denied, 19-0287 (La. 4/29/19), 268 So. 3d 1029(followed)
- State v. Lilly, 468 So. 2d 1154 (La. 1985)(followed)
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