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Ware v. State

Evidence of defendant's school disciplinary problems was relevant and admissible to show why he lived and killed his uncle, even if that evidence incidentally placed his character at issue.

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This appeal is from Vincent Ware’s convictions for murder and possession of a firearm during the commission of a crime.1 Ware admittedly shot and killed his uncle and legal guardian, Roy Martin. His defense was justification based on battered person syndrome. During his testimony, the person hired by trial counsel to support the defense with expert testimony discounted the validity of the syndrome. The jury found Ware guilty and the trial court denied his motion for new trial.

1. The evidence adduced at trial was sufficient to authorize a rational trier of fact to find Ware guilty beyond a reasonable doubt of the crimes charged. Jackson v. Virginia, 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979; Pugh v. State, 260 Ga. 874 1 401 SE2d 270 1991, overruled on other grounds, Smith v. State, 268 Ga. 196, 199 486 SE2d 819 1997.

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