Issue

Murder trial—victim's prior felony convictions—to show defendant's state of mind—exclusion under Rule 404(b)—prejudicial

Summary

In a prosecution for first-degree murder arising from an altercation in a cornfield about the victim hunting too close to defendant's horse rescue farm, where defendant claimed that he acted in self-defense when he fatally shot the victim as he appeared to reach into his vest after angrily pushing defendant to the ground, the trial court prejudicially erred in excluding evidence of the victim's prior felony convictions under Evidence Rule 404(b). This evidence was not offered to show that the victim acted in conformity with his past crimes, but rather to show defendant's state of mind during the altercation–and the reasonableness of his fear during the incident, which was essential to his self-defense claim–where defendant knew that the victim was a convicted felon who illegally carried a firearm.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →