Encounters with Lions: Evidence of Gang Affiliation in State v. Ervin

A defendant who claims self-defense is generally permitted to offer evidence of the victim’s prior violent conduct if known to the defendant at the time defensive force was used. Such evidence is relevant to the reasonableness of the defendant’s belief in the need to use force. In State v. Ervin, No. COA24-650 (N.C. Ct. App. April 2, 2025), the trial court excluded as irrelevant and unduly prejudicial evidence offered by the defendant to show his state of mind at the time he killed his girlfriend’s brother, namely, evidence that the victim was in a gang. The Court of Appeals found no error, stating that evidence the defendant feared for his life because the victim was in a gang “does little to support his theory of self-defense.” This post examines the opinion in Ervin.

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