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Lowe v. State

The jury was authorized to disbelieve the defendant's testimony that the victim pointed a gun at him before he fatally shot her, particularly in light of the fact that the defendant failed to render aid and refused to summon emergency assistance after the shooting and the medical examiner's testimony that one of the two gunshots entered the victim from the back while she was in a crouched position.

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Appellant Herbert Lowe was convicted of felony murder and related offenses in connection with a shooting at the home of victim Lisa Davis in January 2013. Lowe now appeals, contending that the evidence was insufficient to support his convictions, the trial court erred in rejecting his immunity motion, and his trial counsel rendered constitutionally ineffective assistance. Finding no error, we affirm.1

Viewed in the light most favorable to the jury’s verdicts, the evidence adduced at trial established as follows. On the morning of January 29, 2013, Davis was shot and killed in her Forest Park home. Velinsa Johnson, who had been residing at Davis’ home, was in her upstairs bedroom at the time of the shooting. At approximately 8:00 a.m., Johnson heard the garage door chime, indicating someone had entered the home, followed closely by two pops. Johnson exited her room and, when she reached the top of the stairs, she could see Lowe in the kitchen standing over Davis with a gun. Lowe and Davis had been romantically involved and living together for several years, but their relationship had waned, and Davis had recently asked Lowe to move out of the house.

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