Walters v. State
The trial court committed error by excluding a recording of the defendant's telephone conversation with a sheriff's deputy immediately following the defendant's murder of his brother. The defense was built on the long-standing feud between the defendant and his brother, the brother's past violent and threatening behavior, and the defendant's subsequent reasonable fear of attack from his brother. That defense acquired whatever credibility it may have had based on the defendant's behavior and his state of mind at or near the time of the shooting. His statements to the deputy during a telephone call immediately following the incident provided the best evidence of the defendant's vocal inflections, tone of voice, and reactions. Walters v. State -06-05-00014-CR.
