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Hoehn v. State

The trial court harmlessly erred in failing to sustain the defendant's objection to a juror's improper question directed toward a prosecution witness during trial.

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Appellant Joseph Hoehn was convicted of malice murder and possession of a firearm during the commission of a crime relating to the shooting death of Robert Congleton. He appeals, arguing that the trial court erred in failing to sustain his objection after a juror directly asked a witness a question and in denying his claim that the felony murder count of the indictment was defective because it failed to allege the elements of the underlying felony of aggravated assault. We affirm.1

1. Viewed in the light most favorable to the verdict, the evidence presented at trial showed the following. Appellant and Mr. Congleton had been friends for many years, and Mr. Congleton had invited Appellant, who was estranged from his family and living in a shelter, to live with Mr. Congleton and his family about 13 years before the shooting occurred on August 7, 2009. At about 9:00 p.m. that night, Appellant was very intoxicated when he came home. Mr. Congleton and his wife, Michelle, were in the den; their 13-year-old daughter, August, was in her bedroom. Appellant was being obnoxious and loud and started playing roughly with the Congletons’ new puppy. Ms. Congleton asked Appellant to stop several times but he did not. Mr. Congleton then told Appellant to go to his room. Appellant yelled a profanity at the Congletons and said he was moving out the next day. He went to his room, slammed the door, and began playing music full blast. The Congletons then went to Appellant’s bedroom, and Mr. Congleton knocked on the door several times. Ms. Congleton heard a gunshot, and Mr. Congleton fell to the floor with blood coming from his head; he had suffered a fatal gunshot wound to the head. Ms. Congleton began screaming, and August came out of her room. They ran to a neighbor’s house, where they called 911.

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