Elmer E. Tice, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee

Summary

The court affirmed Tice’s convictions, holding that a victim’s character for violence is not an essential element of self-defense and therefore specific prior violent acts are not admissible for that purpose under the character-evidence rule. The evidence was nevertheless admissible for the non-character purpose of showing Tice’s subjective fear and state of mind, and Tice had a full opportunity to present it during his defense. The court also held that the evidence was sufficient to support the reckless-endangering convictions because firing repeatedly in a crowded kitchen created a substantial risk of death to nearby persons.