Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Battles v. State

The defendant did not show his counsel was ineffective in questioning the doctor who treated him for a gunshot wound in a manner that led to her impeachment with a first offender plea, as the prosecution was poised to impeach the doctor's credibility by showing that her license was suspended and it was reasonable for trial counsel to preempt this line of attack by showing that the suspension was for reasons unrelated to her medical expertise.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Appellant Rodney Ennis Battles was convicted of malice murder and related offenses in connection with the shooting death of Shamshamer “Rocky” Tucker.1 He appeals asserting, inter alia, trial counsel was ineffective because he impeached his own witness, Dr. Cindy Gartmond, with a first offender guilty plea. Finding no error, we affirm. 1. Viewing the evidence in a light favorable to the verdict, as we are bound to do, we find the following: At about 1:00 a.m., on Sunday, July 2, 2006, Tucker and his wife, Rupinder “Ruby” Tucker, arrived at their home after closing the family business for the night. As they pulled into the driveway, an unfamiliar pickup truck drove up behind them and blocked them in. Two young men exited the truck and approached the Tuckers, one on each side of their car. The young men brandished handguns and demanded money and valuables. Rocky reached for a pistol which he kept in his car and the young men opened fire, shooting at both Rocky and Ruby. Rocky, who was shot four times, was fatally wounded, but he was able to return fire as the young men made their escape. Ruby, who was pregnant, escaped serious injury.

Ruby is five feet tall. She immigrated to the United States from India and spoke very little English. Although she was profoundly traumatized and had been given a sedative, she was able to tell police, through an interpreter, that the assailants were slim, six feet tall, and in their late teens or early to mid-twenties. She added that one of the assailants was wearing a black t-shirt and dark shorts.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Go to Events Go to Webcasts
Legal Counsel

Title: Legal Counsel Reports to: Chief Executive Officer (CEO) FLSA Status: Exempt, Full Time Supervisory Responsibility: N/A Location: Remo...


Apply Now ›
Associate Position

Blume Forte Fried Zerres and Molinari 1 Main Street Chatham, NJ 07945Prominent Morris County Law Firm with a state-wide personal injury prac...


Apply Now ›
ASSOCIATE ATTORNEY DEFENSE LITIGATION

d Arcambal Ousley & Cuyler Burk, LLP, a well-established women-owned litigation firm, has an opening in our Parsippany, NJ office. We of...


Apply Now ›
Go to Lawjobs