Chandler (Victim's Violence) Evidence

Evidence of a victim's specific acts of violence against third parties is admissible when a defendant claims justification and makes a prima facie showing and establishes the existence of the prior violent acts by admissible evidence. State v. Hodges, 291 Ga. 413 (2012); Hill v. State, 272 Ga. 805 (2000).  A  prima facie showing is made by the defendant showing that the victim was the aggressor, the victim assaulted the defendant, and the defendant was honestly trying to defend himself. Cloud v. State, 290 Ga. 193 (2011); Stobbart v. State, 272 Ga. 608 (2000). 

 

The defendant must prove that the victim actually committed the alleged violent acts. State v. Hodges, S11G1820. The evidence may also be admitted not to prove that the alleged act of violence did in fact occur, but to prove the defendant's state of mind at the time of the alleged crime (that he believed the victim had committed the act). However, the evidence must be more than the defendant's unsupported statement as to what he had heard. Render v. State, 288 Ga. 420 (2011); Arp v. State, 249 Ga. 403 (1982). 

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