Kellensworth v. State

I do not agree that the trial court abused its discretion in permitting the rebuttal testimony of appellant’s former wife relative to his conduct toward her. The testimony was initiated, not by the prosecution but by the defense in repeated questions to appellant’s mother as to appellant’s behavior and conduct toward his wife and son. The obvious purpose was to create an impression by the jury that appellant was an adoring and devoted husband and father. No other inference is possible. Where that occurs the State is entitled to some latitude to rebut that kind of evidence with facts from…