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Sheppard v. State

The prosecutor did not improperly comment on the defendant's silence in noting during closing that she offered different reasons for killing the victim when arrested and at trial.

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Defendant Annie Grace Sheppard was convicted of malice murder in connection with the death of Arlisha Lafronda Smith.1 She appeals, asserting, inter alia, that the prosecutor improperly commented on her right to remain silent. Finding no error, we affirm. 1. Defendant and the victim were involved in a romantic relationship. The victim lived with her mother. One morning, the victim told her mother that she was leaving for work and that defendant would be coming by to collect a bag of belongings. When the victim went outside, she encountered defendant and screamed. The victim’s mother saw the victim and defendant on the porch of an apartment next door. She heard the victim yell, “she’s got a gun mama” Then she saw defendant shoot the victim, who fell to the ground. Several others witnessed the shooting.

Defendant told the victim’s mother that she shot the victim, adding “I told her not to f . . . with me. I told her to leave us alone.” When police arrived, defendant yelled, “Here I am, I shot her, you’re looking for me.” She also told police, “I shot her because she cheated on me.” She was carrying a gun in each hand.

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