State v. Bryant

Thomas T. Bryant, Jr. was convicted of murder in the death of Daniel Austin. Bryant appeals, asserting the trial judge erred in (1) refusing to admit into evidence a dispatch log of a 911 call and (2) refusing to instruct the jury on the defense of habitation. We reverse and remand for a new trial. 1

FACTUAL/PROCEDURAL BACKGROUND

The record shows Bryant is a paraplegic who is confined to' a wheelchair. At the time of this incident, Bryant had been living at a Days Inn Hotel, located approximately 150 yards from the “Bottoms Up” nightclub. On the night of July 22, 1999, Bryant met Austin at the…