State v. Gomez
Annotate this CaseFather and Mother were jointly tried on two counts of felony murder and three counts of aggravated child abuse as a result of the death of their child. Only Mother testified in her own defense. During direct examination, Mother did not testify about prior incidents in which Father assaulted her. On cross-examination, Father's counsel asked Mother whether she believed Father was capable of hurting the victim. The trial court ruled sua sponte that counsel for Father had "opened the door" to cross-examination about Father's assaults against Mother. Father was subsequently convicted of felony murder and aggravated child abuse. Mother was convicted of facilitation of felony murder and aggravated child abuse. The Supreme Court reversed Mother's conviction, holding that the evidence of prior assaults by Father was inadmissible and that the parties did not open the door to cross-examination about Father's assaults against Mother. Remanded for a new trial.
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Court Description: Authoring Judge: Justice Janice M. Holder
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