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Taylor v. State

The trial court properly admitted the murder victim's fiancee's testimony regarding the victim's statements to her during a telephone call shortly before his death implicating the defendant.

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Travius Taylor appeals from his convictions and sentences for malice murder and possession of a firearm during the commission of a crime, all in connection with the death of Kasey Cogburn. For the reasons that follow, we affirm.1

Construed to support the verdicts, the evidence showed that Cogburn and Desmick Shivers had a history of selling marijuana together. On October 21, 2008, Shivers asked Cogburn if he knew anyone who wanted to buy some marijuana. Cogburn telephoned Taylor, who expressed an interest in so doing. After a first attempt to meet for the sale was forestalled due to law enforcement activity, Cogburn arranged for the parties to meet, and accompanied them to the place where the transaction would occur. After the sale, Cogburn telephoned Olivia Gagne, his fiancee, and told her that he and Taylor were going to another location to get some additional marijuana for Cogburn to sell. Cogburn, Taylor, and Taylor’s friend LaForrest Rush went to an apartment that Rush leased. There, Cogburn telephoned Gagne and told her that Taylor believed that Shivers “set him up,” thought that he might have had something to do with it, and that Taylor was holding a gun to his head; Cogburn also said that he loved her. Frantic, Gagne placed several calls to Cogburn’s cell phone; he eventually answered, told Gagne that he loved her, began to cry, and terminated the telephone call.

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