Evans v. State

NORTHCUTT, Judge.

Andrew Evans seeks a new trial on charges of battery on a law enforcement officer and resisting arrest without violence. He claims the State, in its questioning of a witness and in its closing argument, improperly injected racial issues into his first trial. We agree, reverse his convictions, and remand for a new trial.

Evans was charged as a result of an incident at a Wal-Mart Department Store. Evans’s stepdaughter, Ms. Jones, worked at the store. Evans and his wife went to the store to pick up Jones at the end of her shift. Evans went into the store to retrieve her while his…