A jury convicted Edith Tillyne Sammons of murder in the death of her estranged husband, Gregory Cooper Sammons.1 She appeals, contending that she was absent from a critical stage of the proceedings. Because the trial court replaced a juror following an ex parte meeting at which Sammons was not present, and to which she did not consent, we reverse and remand for a new trial. The State’s evidence showed that Sammons’ husband had filed for divorce. Just a few days before the crime occurred, her husband had been granted temporary custody of the couple’s two children, and had sheriff’s deputies remove Sammons from the marital home. On the night of the crime, the couple had an appointment with their pastor. On the way to the church, Sammons pulled to the side of the road and pretended to have car trouble. When her husband stopped, and offered to help, Sammons shot him, got back into her car and ran over him. She then went to a battered women’s shelter where she had been staying. She had numerous bruises and cuts about her face and said she had been beaten by her estranged husband and shot him in self-defense.
Sammons’ defense was that she was suffering from battered person syndrome and that she acted in self-defense. According to Sammons’ testimony, on the night in question, she pulled to the side of the road because her car was acting up. Her husband stopped when he saw her, began arguing with her, and became very angry when he saw some medical records that detailed his prior abuse of her. When he went to get something out of his truck, Sammons testified that she took a gun out of her car and hid it under the wheel well because she was afraid. Next, Sammons’ husband approached her and began beating her about the face. He then told her to leave and not show her face until it healed, but she said she was going to keep the appointment at the church. He started towards her with his fists raised and threatened that she would never see her children again, at which point Sammons reached for the gun and fired. He ran into the woods, but then came back, tackled her and tried to strangle her. She escaped, ran back to her car, and got in it and drove away.
