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Hickman v. State

The trial court did not err in admitting into evidence pursuant to the doctrine of forfeiture by wrongdoing the victim's diary entries, in which she stated three months before she was murdered that the defendant and another man attempted to rape her, as there was evidence supporting the trial court's determination that the defendant killed the victim to make her unavailable as a witness.

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Appellant Marshae O’Brian Hickman was convicted of the attempted rape and murder of Candice Parchment.1 He appeals, asserting, inter alia, the trial court erred in joining these offenses for trial because they occurred several months apart. Finding no error, we affirm.

1. Viewed in a light favorable to the verdict, the evidence showed the following: Appellant and the victim went to high school together, along with Jermaine Robinson,2 a second assailant. Appellant and Robinson wanted to have sex with the victim, who, unaware of their plans, went with appellant and Robinson to an abandoned house in the victim’s neighborhood. Meanwhile, the victim’s mother realized her daughter was missing and began searching for her.

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