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Perry v. State

The state did not improperly present new evidence during closing argument by demonstrating the murder victim's position when she was fatally shot.

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A jury found Brandon Perry guilty of malice murder, felony murder while in the commission of armed robbery, armed robbery, aggravated assault, two counts of possession of a firearm/knife during the commission of a felony, and theft by taking a motor vehicle in connection with the fatal shooting of Latisha McDaniel and the wounding of Paul Morrison. Perry challenges the admission into evidence of his custodial statement; the sufficiency of the evidence of armed robbery; and the allowance of a physical demonstration of the position of the murder victim when she was shot and killed. Finding the challenges to be without merit, we affirm.1

The evidence construed in favor of the verdicts showed that shortly after midnight on the morning of December 14, 1995, Brandon Perry, nicknamed “B-Nut,” went alone to the mobile home where Paul Morrison lived to purchase marijuana. Morrison’s girlfriend, Latisha McDaniel, and McDaniel’s four-year-old daughter, Tess, also lived there and were present at the time. Morrison left Perry in the living room while he went back to the bedroom, where he and McDaniel had been watching a video, to retrieve a “joint” of marijuana to sell Perry. When he returned, Perry was standing in the kitchen holding two automatic pistols, one black and one chrome. Perry then fired, and a bullet struck Morrison in the face.

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