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Davis v. State

The trial court properly admitted evidence that the defendant killed two of the state's potential witnesses prior to his murder trial.

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Kenya Davis was convicted of felony murder and possession of a firearm by a convicted felon in the shooting death of Nicholas “Little Nick” Grant. He appeals from the denial of his motion for new trial.1 We affirm. 1. The evidence adduced at trial showed that, on October 7, 1999, appellant was driven to the victim’s apartment complex by Eddie Raymond. There, appellant chased the victim and then shot him four times. Two witnesses to the incident, Larcenia Ballenger commonly referred to as ‘Peaches” and Jack Connally, identified Raymond as the driver, and Raymond was apprehended in April, 2000. At trial, Raymond testified that he witnessed appellant shoot Little Nick. In addition, appellant admitted to the murder in a taped phone call to Walter Hardy, an incarcerated friend. In addition, similar transaction evidence was admitted showing that, in September, 2000, appellant shot Peaches and Jack “execution-style” in retaliation for their cooperating with the police. The subsequent police investigation into this double homicide further assisted the police in identifying appellant as a perpetrator in the Little Nick murder.

The evidence was sufficient to enable a rational trier of fact to find appellant guilty of felony murder and possession of a firearm by a convicted felon beyond a reasonable doubt. Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979.

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