State Vs Mire Case Summary
Case: State v. Mire (2016 WL 314814, 2014-2295 (La. 1/27/16)). Facts: On February 9, 2011 Quint Mire shot and killed Julian Gajan during an out-of-season deer hunting trip In Little Prairie marsh. Mire picked up all of his shell casings and did not attempt to help Gajan. Mire did not go straight to the authorities but he tried to cast suspension on others. Mire also assisted with the search of Gajan. During trial several witnesses testified that the defendant and victim had a shaky relationship due to money owed and unsuccessful business deals. Issue: The issue in this case is whether or not Mire had motive to intentionally kill Gajan. Holding: The court held that the “evidence of motive was sufficient” and the evidence of specific intent to kill or inflict great bodily harm was sufficient” ***Majority Opinion Reasoning: The decision was per curiam, which means it was a unanimous decision. A. Rule(s): 1. LSA–R.S. 14:30.1, 14:130.1- Second Degree Murder 2. U.S.C.A. Const.Amend. 14.- Amendment XIV. Citizenship; Privileges And Immunities; Due Process; Equal Protection; Appointment Of Representation; Disqualification Of Officers; Public Debt; Enforcement B. Application: 1. The prosecution argued that the evidence and testimony of witnesses were sufficient for a guilty verdict. They also …show more content…
“ ‘Motive’ is not an element of second degree murder. ....[t]he state is not obligated to prove that the accused had a cause or reason to commit the crime of second degree murder; it is required to prove that the accused had the ‘specific intent’ to commit the crime.”State v. Johnson, 324 So.2d 349, 353 (La.1975). As a result, the court of appeal committed error in reversing the defendant's second degree murder conviction because of its misplaced view that the State failed to prove motive, which is not an element of the charged offense.2
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