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Taylor v. State

The defendant was not entitled to a jury instruction on identity since the state did not rely on eyewitness testimony to connect him to the crimes.

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Appellant Kevin Taylor was convicted of malice murder, two counts of felony murder, criminal attempt to commit armed robbery, and burglary in connection with the death of Anthony Bailey.1 Bailey lived with his mother, Patricia Ross, his aunt, Katherine Ross, and a cousin in a house commonly referred to by residents of the neighborhood as the “House of Pain” because of the frequent drug sales that occurred there. Leonard Parks, who also used to live in the house, was the former boyfriend of another aunt of Bailey. In December 1997, Bailey stole Parks’ car, removed the stereo, and returned the car to Parks. Parks told Katherine Ross about Bailey’s actions and that he was going to have him beaten for stealing his stereo.

On January 23, 1998, Parks testified that he, Taylor and Ronnie Purvis went to Bailey’s home to rob it. Parks dropped Taylor and Purvis a block away from the house. Taylor and Purvis then walked up to the house and kicked the door in. One of the men went to a room where Patricia Ross was with her boyfriend, pulled a gun and demanded money and drugs. The other man went into the bedroom where Bailey was and shot him twice, killing him. It is not clear which man was the shooter.

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