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. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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