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Potter v. State

Trial court properly granted state's motion to reopen the evidence after defendant testified so that the state could introduce three newly-acquired photographs of defendant as rebuttal evidence.

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Al Maynard Potter was convicted of felony murder in the shooting death of his girlfriend’s brother, Jerry McLemore.1 He alleges that the trial court should not have allowed the state to reopen evidence to introduce newly discovered evidence. Because the trial court did not abuse its discretion in allowing the state to introduce three photographs showing Potter holding a gun, we affirm.

1. The evidence presented at trial shows that McLemore lived with his sister in her two-bedroom apartment. A few weeks before the fatal shooting, Potter and McLemore’s sister were fighting in their bedroom when McLemore told Potter that he did not want him hitting on his sister, fired a gun once in their bedroom, and shot a second time in the hallway as his girlfriend, Georgette Cuyler, pulled him away.

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