The State’s Circumstantial Evidence Sufficiently Proved Premeditated Murder

State v. Palmer, Minn.S.Ct., 9/28/2011.  The trial court, sitting without a jury, found Mr. Palmer guilty of premeditated first degree murder, second degree intentional murder, and possession of a firearm by an ineligible person in the shooting death of Ernest Moss.  The court sentenced Mr. Palmer to life without possibility of release on the premeditated murder conviction.

Mr. Palmer’s brother, Da’Leino, fronted some crack cocaine to Mr. Moss, who promised to pay for the drugs within the week.  Da’Leino, meanwhile, owed money to his supplier.  Mr. Moss didn’t pay; Da’Leino got agitated. After a few days  Da’Leino and Mr. Palmer went over to Mr. Moss’s place and waited for him.  When Mr. Moss showed up the three argued.  When Mr. Moss threatened to call the police, Da’Leino pulled out a gun and pointed it at Mr. Moss.  Mr. Palmer then grabbed the gun from Da’Leino and shot Mr. Moss five times, firing two to three shots, pausing a couple of seconds, then firing the remaining shots.

On appeal, Mr. Palmer’s attorney argued that the evidence was not sufficient to support premeditated murder.  The supreme court underwent its Anderson circumstantial evidence routine, described thusly:

First, we must identify the circumstances proved, giving deference “to the jury’s acceptance of the proof of these circumstances and rejection of evidence in the record that conflicted with the circumstances proved by the State.” Second, we independently examine “the reasonableness of all inferences that might be drawn from the circumstances proved,” including inferences consistent with a hypothesis other than guilt.

State v. Anderson, 789 N.W.2d 227, 241-42 (Minn. 2010) (quoting State v. Andersen, 784 N.W.2d 320, 329 (Minn. 2010)).  For the evidence to be sufficient to convict of first-degree premeditated murder, a defendant must have formed the intent to kill, and then must have had “some appreciable time” in order to “consider, plan or prepare for, or determine to commit” the killing. Minn. Stat. § 609.18; State v. Moore, 481 N.W.2d 355, 361 (Minn. 1992).  The court found sufficient proof of premeditation by examining evidence of planning, motive and the “nature of the killing.”  The court then examined whether the circumstances that the state proved supported a reasonable inference other than guilt.  The court rejected Mr. Palmer’s assertion that the shooting was but a “rash impulse” rather than premeditated.  The evidence thus supported the premeditated murder conviction.  Justices Meyer, Page and Paul Anderson dissented from this conclusion.

The court rejected, on plain error analysis, Mr. Palmer’s pro se argument that the evidence more closely fit manslaughter offenses.  The court also rejected a couple other pro se arguments.