ERIC MELVIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Eric Melvin was convicted of second degree murder in the shooting death of Adrian Adderly and sentenced to twenty-two years imprisonment. The appellate court reversed and remanded for a new trial because the trial court improperly excluded evidence of the victim's reputation as a bully, which was relevant to the self-defense claim.
The trial court erred in excluding the evidence of the victim's reputation as a bully. Although the state conceded the error, it was not harmless because the jury's resolution of the disputed fact of whether Adderly choked Melvin might have been influenced by hearing evidence of Adderly's reputation, and this factual dispute could have influenced the jury's decision on self-defense.
[1] Evidence of a deceased's reputation as a bully may be admissible to shed light on the factual events preceding a fatal shooting, even if not directly relevant to self-def…
[2] The exclusion of evidence regarding a deceased's reputation is not harmless error if the jury's resolution of disputed facts, potentially influenced by that evidence, cou…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“While this might have a bearing on the defense of self-defense, the deceased's reputation might also have shed some light on what occurred factually before the fatal shots were fired.”
Establishes the relevance of victim's reputation evidence to both self-defense and the factual circumstances of the confrontation
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceEric Melvin shot Adrian Adderly once in the chest and twice in the back as Adderly turned to flee. Adderly had just pushed Melvin into a bush. There w…
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PER CURIAM.
Eric Melvin was indicted for first degree murder in the shooting death of Adrian Adderly. He was convicted of second degree murder with a firearm, and sentenced to twenty-two years imprisonment, with a three-year mandatory minimum. He raises four points on appeal, one of which is meritorious, and requires reversal for a new trial.
Appellant sought to introduce evidence through Officer Flournoy that the deceased had a reputation as a bully. The trial court precluded this evidence from going to the jury, apparently because it reasoned that there was no evidence to show appellant knew of the victim’s reputation. While this might have a bearing on the defense of self-defense, the deceased’s reputation might also have shed some light on what occurred factually before the fatal shots were fired. Banks v. State, 351 So. 2d 1071 (Fla. 4th DCA), cert. denied, 354 So. 2d 986 (1977). (Although the victim was shot once in the chest, and then two more times in the back as he turned to flee, the defense of self-defense is nonetheless a jury question to resolve.)
The state concedes that excluding the evidence was error, but urges a harmless error analysis, because there was no dispute that the deceased had just pushed Melvin into a bush, and that Adderly was the aggressor. There was considerable dispute, however, as to whether Adderly first choked Melvin before he pushed him into the bush. The jury’s resolution of that factual dispute might have influenced their ultimate decision on the self-defense issue. Moreover, the determination of whether or not Adderly choked Melvin might have been influenced by hearing the evidence of Adderly’s reputation. We cannot say that the error of precluding this testimony did not affect the jury’s verdict beyond a reasonable doubt, State v. DiGuilio, 491 So. 2d 1129 (Fla.1986).
We have considered appellant’s other points raised on appeal, and in particular, the trial court’s exclusion of testimony from the defense psychiatrist which was not in conformity with legal standards for an insanity defense, and properly excluded. Appellant’s other points fail to demonstrate reversible error. For the reasons stated above regarding the erroneous exclusion of testimony concerning the victim’s reputation, we reverse and remand for a new trial.
REVERSED AND REMANDED.
POLEN and FARMER, JJ., concur. LETTS, J., dissents without opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)
- Willie Banks v. State, 351 So. 2d 1071 (Fla. 4th DCA 1977)