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Russell v. State

The evidence, including the defendant's own inculpatory statements, supported his convictions for his wife's murder and a firearms offense.

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Following the denial of his motion for new trial, as amended, Gregory John Russell appeals his convictions and sentences for felony murder and possession of a firearm during the commission of a crime in connection with the fatal shooting of his wife Windy Michelle Russell. He challenges the sufficiency of the evidence, certain communications between the trial court and the jury, and the trial court’s refusal to grant a mistrial. For the reasons which follow, the challenges are without merit and we affirm.1

The facts construed in favor of the verdicts showed the following. On the night of April 7, 2007, Andy Pack “Andy” and his eventual wife, Rhonda Pack “Rhonda”, arrived at the home of Rhonda’s sister, Windy Russell “Windy”, and her husband, John Russell “Russell”. Russell had been consuming alcohol and continued to drink after their arrival; all four individuals drank alcohol during the evening. Russell and Windy often argued when they drank, sometimes resulting in violence. There was also a history of Russell making sexual advances towards Rhonda. That evening, initially both Russell and Windy seemed to be in good spirits, “getting along, dancing, and cutting up”; Windy did not appear to be depressed or upset about anything. But, later in the evening, Russell became jealous because Andy was talking to Windy instead of to him, and Russell “shoved” Andy in the chest, telling Andy that “he needed to talk to him before he talked to her.” Russell challenged Andy to an arm wrestling contest. This behavior resulted in tension between Russell and Windy, and everyone decided to go to bed.

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