## Facts

- Reginald Davis, Luther Blackwell, and Demetrius Tabbs spent an evening drinking heavily (beer mixed with gin) and drove to the Central West End of St. Louis in Tabbs’s car.
- During the drive, one of the passengers said they were going to “jack” somebody.
- The men saw a couple, Natalie Hasty and Kevin Young, and Davis and Blackwell got out of the car while Tabbs drove about a block away.
- Tabbs knew Davis usually carried a gun concealed in the small of his back and saw Davis reach toward the small of his back as he exited the car.
- Hasty and Young were unloading groceries from their car in a rear apartment parking lot.
- Blackwell approached Hasty, displayed a knife, and demanded her purse; she resisted as he pulled it away and fled with it.
- Davis headed toward Young. Hasty saw Davis holding a handgun and heard him say, “I want your money. Give me your wallet.”
- Davis and Young wrestled and moved a significant distance during the struggle (testimony placed it at up to roughly 30 feet).
- Hasty heard three gunshots. Young suffered fatal gunshot wounds and died before reaching the hospital.
- Blackwell and Tabbs testified for the state; their accounts differed in some details, including when Davis drew the gun, but both placed Davis in the confrontation with Young.
- The jury instructions defined deliberation as “cool reflection,” and the jury found Davis guilty of first-degree murder, first-degree robbery, and armed criminal action. Davis received life imprisonment without probation or parole for the murder conviction.
- Davis appealed his convictions and also appealed the denial of post-conviction relief based on ineffective assistance of counsel.

## Issues

1. Whether the evidence was sufficient to prove “deliberation” (cool reflection) required for first-degree murder where the shooting occurred during an attempted robbery and struggle.
2. Whether any alleged trial errors required reversal of Davis’s convictions.
3. Whether Davis was entitled to post-conviction relief for ineffective assistance of trial counsel.

## Decision

- The court affirmed Davis’s convictions for first-degree murder, first-degree robbery, and armed criminal action.
- The court held the evidence supported a finding of deliberation based on the planned robbery, Davis’s arming himself, his demand for Young’s wallet, and the shooting.
- The court found no prejudicial trial error warranting reversal.
- The court affirmed the denial of post-conviction relief, concluding the motion court properly rejected Davis’s ineffective-assistance claim.

## Legal Principles

- First-degree murder in Missouri requires proof the defendant knowingly caused death “after deliberation,” and deliberation means “cool reflection” for any length of time, however brief.
- Deliberation may be proved by circumstantial evidence and reasonable inferences from the defendant’s conduct before and during the killing, including planning, bringing or using a deadly weapon, and coordinated conduct with others.
- A struggle or short time frame does not bar a deliberation finding if the circumstances allow a jury to infer cool reflection.
- On review of evidentiary sufficiency, the appellate court views the evidence and reasonable inferences in the light most favorable to the verdict and leaves credibility conflicts to the jury.
- Ineffective assistance requires proof of deficient performance and prejudice (a reasonable probability of a different outcome absent the errors).

## Conclusion

The Missouri Court of Appeals affirmed Davis’s convictions and the denial of post-conviction relief, holding that the jury could reasonably find deliberation from the group’s stated plan to “jack” someone, Davis’s apparent preparation with a concealed gun, his wallet demand during the robbery attempt, and the firing of three shots during the encounter with Young, and that neither claimed trial error nor alleged attorney incompetence justified relief.


State v. Davis, 905 S.W.2d 921 (1995)