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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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