Nature of the Case
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Facts
On August 26, 2015, at approximately 1:00 p.m., D provided Lamar Moorer with a $10 bag of marijuana. Moorer refused to pay for it. Moorer punched D, and a fistfight between them ensued, which lasted for several minutes. After the fistfight ended, D left the scene on his bicycle to retrieve a loaded firearm that had been stowed in a plastic bag on the roof of a nearby building. Six minutes after leaving the altercation D returned to the scene with the gun. D walked out between two cars towards Moorer, slowly and purposely pulled his gun out of the plastic bag, and fired at least five shots in Moorer's chest. He continued to shoot even after Mr. Moorer had fallen on the ground.' D was convicted and appealed.
Holding and Decision
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Legal Analysis
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