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appealtrialtestimonywitness testimony

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Brand v. State, 766 N.E.2d 772

Facts

On February 8, 1999, Adrian Brand, then 16, was involved in a confrontation with Michael Lickliter, who slapped him and threatened him. Following a series of escalating verbal exchanges, Brand shot Lickliter four times after a brief scuffle. Brand later lied to his father and the police about the circumstances of the shooting, claiming Lickliter had pulled a gun on him. Lickliter died from his injuries, and Brand was charged with murder and carrying a handgun without a license, ultimately being convicted of voluntary manslaughter.

The facts reveal that on February 8, 1999, Brand, age sixteen, was riding in an automobile with several friends when they encountered Michael Lickliter riding a bike. Lickliter, who was a friend of some of the youths in the car, stopped his bike alongside the automobile. After conversing with the front seat passenger, Lickliter went around to the back of the car and told Brand, who was sitting in the backseat, to roll down his window. After Brand complied, Lickliter slapped Brand twice in the face and warned him not to touch a female friend again.

Issue

Whether the trial court properly excluded testimony offered by Brand to prove his state of mind when he fatally shot Lickliter.

Brand raises two issues for our review, one of which we find dispositive: Whether the trial court properly excluded testimony offered by Brand to prove his state of mind when he fatally shot Lickliter.

Rule

Self-defense is recognized as a valid justification for an otherwise criminal act, and evidence that supports a defendant's claim of self-defense is admissible.

Self-defense is recognized as a valid justification for an otherwise criminal act.

Analysis

The court determined that the trial court erred in excluding evidence that Lickliter had sold drugs, was a gang member, and had previously offered to sell Brand a firearm. This evidence was relevant to Brand's state of mind and his belief that he was in imminent danger, which was central to his self-defense claim. The court emphasized that the jury should have been allowed to consider all relevant circumstances surrounding the shooting.

The trial court erred in excluding Brand's testimony that Lickliter sold drugs, was a member of a gang, and had offered to sell Brand a handgun. In addition, we hold that the trial court erred in excluding witness testimony corroborating Brand's offered assertion that Lickliter was a member of a gang.

Conclusion

The Court of Appeals reversed the trial court's decision and remanded for a new trial, holding that the exclusion of the evidence was reversible error.

Accordingly, we hold that the trial court committed reversible error in excluding Brand's offered evidence to show the reasonableness of his fear of Lickliter. We reverse and remand for a new trial.

Who won?

Adrian Brand prevailed in the appeal because the court found that the exclusion of critical evidence regarding his self-defense claim denied him a fair trial.

Brand prevailed in the appeal because the court found that the exclusion of critical evidence regarding his self-defense claim denied him a fair trial.

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