Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Bracewell v. State

Defendant was prejudiced by defense counsel's failure to object to the charge that a defendant must show that killing the victim was an absolute necessity in order to justify the killing.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

A jury convicted Gaynor Bracewell II of voluntary manslaughter, and the trial court sentenced him to serve 20 years. Bracewell appeals, arguing that the trial court erred in giving the State’s charge on justification and absolute necessity, and that his trial counsel was ineffective because he did not object to the charge. He further asserts his trial counsel was also ineffective because he “did not adequately challenge the State’s version of the shooting,” and allowed the State to introduce improper hearsay testimony. Finally, he contends that the trial court erred in declining to give his charge on defense of habitation. Because we find that giving the charge on justification and absolute necessity was harmful error, we reverse.

Construed to support the verdict, the evidence showed that Bracewell, his girlfriend, Kelly Springer, and her two sons, Brent and Brannon, lived together in a house owned by Bracewell’s father. Bracewell and Springer were going to buy the house together. On the Friday night before the shooting on Saturday evening, Springer was angry at Bracewell. Her son Brannon, who was 17, told her the night before that Bracewell had supplied Brannon with the bag of marijuana that led to his arrest a year before. Brannon also told her that he had used speed with Bracewell earlier in the month. Springer said this was the first she had heard about her boyfriend and son sharing drugs, and when she confronted Bracewell about it, he admitted both incidents. Springer told him she and her children were leaving as soon as they could borrow some money to do so.

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
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
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
Go to Events Go to Webcasts
Client Services/Hospitality Representative - Florida Office

CLIENT SERVICES/Hospitality REPRESENTATIVE-FLORIDA OFFICE Prominent mid-Atlantic law firm with multiple regional office locations seeks a f...


Apply Now ›
Legal Practice Assistant - Florida Office

Prominent mid-Atlantic law firm with multiple regional office locations seeks a legal practice assistant (LPA) for our Boca Raton, FL. Offic...


Apply Now ›
Litigation Associate - Philadelphia, PA

Description: Fox Rothschild has an opening in the Philadelphia, PA office for a litigation associate. The ideal candidate will have two to t...


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 ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements