McClendon v. State, 49A02-0811-CR-999
2nd Dist., 08-10-09, Ind.App. 910 N.E.2d 826
Attorney: David Pardo
Holding: In murder prosecution, trial court did not abuse it discretion in admitting evidence of a prior confrontation between Defendant and victim’s father that occurred eleven months before shooting. During voir dire, opening statements and in his case-in-chief, Defendant raised the issue of self-defense. Though somewhat distant in time, evidence was admissible to show that Defendant harbored hostility toward victim’s father and was relevant to shooting at father’s house. Goldsberry v. State, 821 N.E.2d 447 (Ind.Ct.App. 2005). Trial court also explicitly considered prejudicial effect of reference to marijuana or “weed” and determined that it provided context for the conflict. Held, judgment affirmed.
