United States v. Thomas
United States Court of Appeals for the Eighth Circuit
664 F.3d 217 (2011)
Shanon Patrick Thomas (defendant) and his girlfriend Marissa Mackey suspected Dawn Starlin, Thomas's ex and Mackey's neighbor, of vandalizing Mackey's house. Witnesses testified Thomas retrieved a gun from his sister's house hours before the shooting and stored it at Mackey's place; that evening, after returning from a bar, Thomas left the group, went outside, and returned minutes later saying he had shot and killed Starlin. Thomas testified he grabbed the gun and confronted the unarmed Starlin after she taunted him about Mackey, and claimed he fired in a rage rather than intending to kill her. The jury convicted him of first-degree murder, and he appealed, arguing the government failed to prove premeditation.
Whether a killing is premeditated if it results from planning or deliberation and the killer is conscious of his intent to kill.