ILNews

COA orders retrial in self-defense case

Michael W. Hoskins
January 1, 2007
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The Indiana Court of Appeals determined a Marion County judge wrongly excluded evidence corroborating an Indianapolis man's self-defense claim and has ordered a new trial on a voluntary-manslaughter charge.

In Terrance Hood v. State of Indiana, No. 49A02-0703-CR-242, the appellate court reversed and remanded to Marion Superior Judge Tanya Walton Pratt's courtroom a case involving an August 2005 shooting outside a liquor store.

As Hood exited the store, a vehicle nearly crashed into him and he got into an argument with the driver. That intoxicated driver approached Hood, who reached into his minivan, pulled out a gun, and shot him six times before driving from the scene. The man later died, and Hood was eventually convicted of voluntary manslaughter and carrying a handgun without a license after a previous conviction. He received a 46-year sentence.

A key of the appeal was Hood's contention regarding excluded testimony about the driver possibly reaching for a gun at his waistline, and being drunk and "a little aggressive." The appellate court relied on a previous ruling in Brand v. State, 766 N.E.2d 772 (Ind. Ct. App. 2002) that the concept of evidentiary relevance is broad in a self-defense case, and here the trial court should have allowed it.

The testimony "would lend substantial credibility to Hood's assertions" that he acted in self-defense, Judge Mark Bailey wrote, adding that the court declines the state's invitation to apply the harmless error doctrine.

Hood also appealed the sentence, but in reversing this for a new trial, the court declined to address that issue.
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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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