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Hester v. State

The evidence authorized the jury to find that the defendant shot the victim during an argument in their home while the victim's two minor daughters were in their bedrooms.

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Appellant Solomon Hester was convicted of malice murder, two counts of cruelty to a child, and possession of a firearm during the commission of a felony in connection with the shooting death of Allison Brownell.1 He appeals from the denial of his motion for new trial, asserting that the State violated Brady v. Maryland, 373 U. S. 83 83 SC 1194, 10 LE2d 215 1963, by failing to disclose the results of two toxicology tests. Finding no error, we affirm.

1. Viewed in the light most favorable to the verdict, the jury was authorized to find that on the night of the crimes appellant was at home with Brownell and her two daughters, then ages 9 and 10. Appellant and Brownell were sitting on the couch arguing while the girls were in their bedrooms. One daughter heard Brownell yell, “If you put your hands on me, I’ll call the cops” Soon after, the child heard a loud noise. She ran into the living room and saw her mother lying on the couch with a bullet hole in her head. She did not see a gun in her mother’s hand.

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