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Rodriguez Morgan was charged with murdering Tracy Harmon, with whom he shared four children and had known for decades, after his stepson claimed to have seen Morgan shoot her in the head. Before trial, Morgan filed a motion in limine requesting that the court prohibit the State from admitting any evidence of prior domestic violence or threats of violence by Morgan against Harmon. The court granted the motion in part and only allowed the State to elicit testimony from their daughter about Morgan’s recent threats to kill Harmon. The jury returned a guilty verdict, but later informed the court that the daughter’s deposition, which had not been admitted into evidence, was sent back with the jurors in deliberations and considered by them in coming to their verdict. That deposition included testimony indicating Morgan had a long history of violence toward Harmon, had threatened their daughter, abused alcohol, and always carried a gun. The trial court denied Morgan’s motion for a mistrial. Morgan now appeals, arguing the court erred in denying his motion.
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Rodriguez Morgan was charged with murdering Tracy Harmon, with whom he shared four children and had known for decades, after his stepson claimed to have seen Morgan shoot her in the head. Before trial, Morgan filed a motion in limine requesting that the court prohibit the State from admitting any evidence of prior domestic violence or threats of violence by Morgan against Harmon. The court granted the motion in part and only allowed the State to elicit testimony from their daughter about Morgan’s recent threats to kill Harmon. The jury returned a guilty verdict, but later informed the court that the daughter’s deposition, which had not been admitted into evidence, was sent back with the jurors in deliberations and considered by them in coming to their verdict. That deposition included testimony indicating Morgan had a long history of violence toward Harmon, had threatened their daughter, abused alcohol, and always carried a gun. The trial court denied Morgan’s motion for a mistrial. Morgan now appeals, arguing the court erred in denying his motion.