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Perry v. State

The excluded testimony of the defendant's expert about an aggressor's ability, opportunity and harmful intent involved common sense concepts within the average juror's ken.

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A jury found Kevin Ryan Perry guilty of aggravated assault. Perry appeals, arguing the trial court erred in excluding expert testimony relating to his justification defense. Finding no error, we affirm. Viewed in the light most favorable to the jury’s verdict,1 the evidence shows that eighteen-year-old Perry lived with his mother and Billy Mitchell, his mother’s boyfriend. On August 30, 2005, Perry began arguing with his mother, and she told Mitchell to take Perry to his father’s house. Screaming that he did not want to leave, Perry stabbed Mitchell several times with a knife, including in the hand, heart, chest, and abdomen.

An officer dispatched to the scene saw Perry walking near Mitchell’s house with a torn shirt and blood on his hands and arms. Perry told the officer that he had stabbed Mitchell after Mitchell pushed him. Another officer found a bloody knife on Mitchell’s kitchen counter.

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