Criminal Law: Murder-Hearsay

Defendant appealed his conviction for murder and related offenses stemming from an altercation with his then-paramour and another victim, in which defendant allegedly shot both victims at close range before being driven off by gunfire from one of the victim’s sons. On appeal, defendant argued that the trial court erred in overruling several of his hearsay objections regarding statements made by the victim and her family members. Defendant further argued that the state failed to prove that he did not fire at the victims in self-defense.

Where the victim’s statements were made while under the stress of trying to hide from defendant due to a perceived threat on her life, the trial court did not err in concluding that the statements qualified for the excited utterance exception, and other family members’ testimony about the shooting was sufficient to contradict defendant’s claims of self-defense.

Judgment is affirmed.

State v. Goodrich (MLW No. 84956/Case No. WD87003 – 32 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.) Appealed from circuit court, Jackson County, Burnett, J. (Damon E. Goodrich, Jefferson City, appellant pro se) (Catherine L. Hanaway, Attorney General and Wensdai Brooks, Assistant Attorney General, Jefferson City for respondents