Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Cross v. State

Evidence of the victim's prior violent acts was inadmissible, absent a viable justification defense.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Tracey Cross appeals from his conviction for aggravated assault, arguing that his trial counsel was ineffective. We find no error and affirm. So viewed, the evidence shows that Cross’s wife, his infant child, and the victim were among the guests at a 2001 Super Bowl party at the house the victim shared with a friend when Cross entered the house and began yelling at his wife. The victim escorted Cross out of the house into the carport, locked the kitchen door, and went back to watching the game. Cross then began kicking in the door. The victim was returning to that door when Cross broke it down and attacked the victim, cutting him repeatedly with a knife. The victim again forced Cross out of the house and into the carport, landing on top of Cross as he fell face down onto the brick floor, and beating him until he lost consciousness. The victim then retrieved the knife and threw it into the kitchen sink.

Two friends were wrapping the victim’s wounds by the sink when Cross entered the house for a third time. The victim, who was still bleeding, told Cross’s wife and child to run into a bedroom with him, which they did. When Cross tried to kick down the bedroom’s locked door as well, the victim put his back against it to keep him out. Cross’s father soon arrived, however, and the two men continued kicking the door, yelling that they were going to kill the victim, until its frame dislodged from the wall. As Cross and his father continued to thrust knives around the door frame, Cross’s wife tried to calm them, but was grazed with a knife. Police soon arrived and placed Cross in handcuffs.

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
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Consulting Best Firms to Work For 2024
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More
Go to Events Go to Webcasts
Marketing Coordinator / Business Development

JOB DESCRIPTION SUMMARY Pulsar Title Insurance Company Inc., a commercial and residential title insurance underwriter based in the Bato...


Apply Now ›
Juvenile Dependency Attorney II/III/IV

RECRUITMENT BONUS Newly hired employees from this recruitment may be eligible to receive bonus payments up to $3,000!* FLEXIBLE SCHEDULE: ...


Apply Now ›
Litigation Counsel - Multiple Offices

Morristown, NJ; New York, NY Description: Fox Rothschild has an opening in multiple offices for a Counsel in our Litigation Department. The ...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Go to Professional Announcements