Oral arg. – COA – Sept. 20, 2017

At 10:00 the COA will hear the case of Sergio Gonzalez v. State. Sergio was married to Gina.  At one point they separated and Sergio returned to the marital home to find Gina’s boyfriend Andres there.   According to Sergio, Andres said “Here I am. Do you want something from me?” Sergio  grabbed two kitchen knives  to protect himself and in the ensuing struggle, Andres was stabbed.  Sergio left but turned himself into police four days later.   Sergio testified that he sustained a bite to his arm and some bruising. In rebuttal, the state called two jailers who prepared the paperwork booking Sergio. They testified that, as part of the booking process, Sergio was asked about his physical health and the answers entered onto a  medical screening form. Sergio denied having any medical problems.  One jailer also testified that she  did not notice any bite-marks or bruising.  The medical screening form was introduced even though it had bot been provided to the defense in discovery.  The  form was unsigned, undated, and no portion of it was filled out other than to indicate Sergio’s  name, date of birth, nationality and sex.  On appeal, Sergio argues that it was error to allow this testimony and form into evidence.

Neither side asked for oral argument and the case was originally submitted without argument.  It would appear the Court has some questions and ordered argument.

Gonzalez brief

Gonzalez states brief

Watch the argument here

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