P. v. Foreman CA2/4
The adult children of defendant Jeffrey Foreman’s girlfriend arrived at defendant’s home unannounced in the middle of the night to retrieve belongings their mother left at his house. They verbally and physically sparred with defendant, who ultimately shot one of them in the thigh. During defendant’s ensuing trial for assault with a firearm and possession of a firearm by a felon, both children alluded to prior domestic violence between defendant and their mother. Defense counsel promptly objected to their testimony as contrary to a pretrial agreement and twice moved for a mistrial. The trial court denied the motions for mistrial, and defense counsel declined a curative instruction. The jury found defendant guilty of both offenses.
Defendant now contends the trial court erred in denying the motions for mistrial. He argues that the witnesses’ statements not only unduly prejudiced him but also constituted testimonial hearsay that violated his right to confrontation. We dis
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