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Cloud v. State

The trial court did not clearly err in refusing the defendant's request to introduce evidence of the victims' prior acts of violence against third parties, as he did not meet his burden of showing that he was honestly trying to defend himself.

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The Honorable Supreme Court met pursuant to adjournment. The following order was passed: It appearing that the enclosed opinion decides a second-term appeal, which must be concluded by the end of the September Term on December 16, 2011, it is ordered that a motion for reconsideration, if any, must be received in the Clerk’s Office by 4:30 p.m. on Tuesday, December 6, 2011, including any motions submitted via the Court’s electronic filing system. Joe Elvin Cloud appeals his convictions for the malice murder of Rocky Heard “Rocky”, the aggravated assault of Ray Dean Heard “Ray Dean”, possession of a firearm during the commission of the crime of aggravated assult, affray, and simple battery.1 For the reasons that follow, we affirm in part and vacate in part.

Construed to support the verdicts, the evidence showed that on August 29, 2005, Cloud was driving his pickup truck, in which a business associate, Mike Maugeri, was a passenger. Cloud nearly had a collision with a vehicle driven by the wife of Ray Dean, in which their daughter, Courtney Heard “Courtney”, was a passenger. Courtney made an obscene gesture toward Cloud, which he returned. Cloud entered a parking lot, and the Heards followed. Cloud exited his truck and approached the Heards’ vehicle; angry words were exchanged, and Cloud reached into the Heards’ vehicle and slapped Courtney on the face. Courtney’s mother went into a restaurant to telephone law enforcement officers, and Cloud drove away, leaving Maugeri behind.

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