Nolan v. State

¶ 52. The plurality finds that there is sufficient evidence to show that Clinton Wyatt Nolan shot his father in the heat of passion. With the utmost respect, I find that the evidence in the record does not show that Nolan acted in the heat of passion when he shot and killed his father. Therefore, for the reasons discussed below, I dissent.

¶ 53. The plurality finds that Nolan acted in the heat of passion because he stated that he had “acted out of emotion,” and because there is evidence in the record showing that Nolan was angry with his father for allegedly calling him a sexual deviant.…