Barnett v. State

783 So. 2d 927 (2000)

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Nature of the Case

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Facts

Morris Givens and his brother, D, went to Daphne Golson's house to pick up Givens's three-year-old daughter Jamari and take her to the fair. Daphne Golson is Jamari's mother and Givens's former girlfriend. Golson, her mother, her daughter Jamari, and her boyfriend Kevon Moses were at the home when Givens and D arrived. Givens and Golson argued over how their daughter was dressed. Givens decided not to take the child to the fair. As he began to leave Golson's home, Givens asked Kevon Moses if he could talk to him. Moses agreed and followed Givens and D outside into the front yard. Shortly thereafter, Moses began shouting for Golson to come outside; Moses was holding a garden hoe. Moses asked Golson to watch D and to keep him out of an impending fight between Moses and Givens. Moses then put the garden hoe down and the fight between him and Givens began. Golson stepped off the porch and stopped the fight. She then began to argue with Givens. While Golson and Givens were arguing, a separate altercation began between Moses and D. Golson heard a noise behind her and turned; D was holding a garden hoe. According to Golson, D had the hoe in his hands and Moses was backing away. Moses tripped over Givens's feet, fell on his stomach, and was hit in the back of the head with the hoe by D. Moses died. D was arrested and indicted on the charge of felony murder. D was found guilty and appealed. D argues assault was an essential part of the homicide itself and thus cannot be the predicate felony for felony murder.