JACKSON, Miss. (AP) - Mississippi’s court of appeals has upheld the capital murder conviction of a man sentenced to life without parole for a robbery and fatal shooting.
The Sun Herald reported on Tuesday the 10-judge panel’s unanimous opinion denied 27-year-old Nicholas DeMorst’s appeal without prejudice to any future appeals. He was sentenced in Jackson County Circuit Court in June 2015 for the January 2014 incident.
Court testimony says 26-year-old Hunter Miller was shot in the back while inside his car during an attempted prescription drug deal in Gautier.
DeMorst claimed jailhouse recordings of him and his girlfriend’s discussion shouldn’t have been submitted. Judge Eugene Fair disagreed, writing that evidence DeMorst attempted to fabricate an alibi or pay someone for a false one is relevant and admissible as evidence of consciousness of guilt.
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Information from: The Sun Herald, https://www.sunherald.com
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