James Cavitt v. Vince Cullen

OPINION

FISHER, Circuit Judge:

James Freddie Cavitt and his girlfriend Mianta McKnight robbed the house of Betty McKnight, Mianta’s stepmother. Cavitt admits that he and Mianta robbed the victim’s home and left her hogtied and face-down with a sheet taped around her head. He contends, however, that Betty was alive, albeit breathing laboriously, when he left. Betty McKnight was not breathing and had no pulse by the time police arrived 22 minutes later. Cavitt speculates that, after he left, Mianta killed Betty because of personal hatred, a motive he says was unrelated to the robbery. The state…