Porter v. State
The First DCA affirmed a second-degree murder conviction, holding that sufficient evidence of a 'depraved mind' (ill will, hatred, spite, or evil intent) supported denial of the defendant's motion for judgment of acquittal. The court used the opinion to highlight ongoing confusion—reflected in the jury's own question during deliberations—over how 'depraved mind' is defined and how it overlaps with premeditation required for first-degree murder.
Key facts
- Porter was charged with second-degree murder; the trial court denied his motion for judgment of acquittal, and a jury convicted him of second-degree murder.
- The State's evidence included Porter's prior statement of intent to kill someone, his search for the victim after a movie, cross-town rivalry evidence, jailhouse rap lyrics, and his admission that the victim 'got under his skin.'
- +2 more key facts with a free trial
Why it matters
This opinion is useful to practitioners litigating JOA motions in second-degree murder prosecutions because it collects the operative case law on what evidence suffices to show 'depraved mind' (ill… — full analysis with a trial
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