P.

FACTS

On November 17, 2009, defendant shot and killed his uncle, Steven Henderson, while at the home of his ex-wife, JoAngel Goldman. There was no dispute at trial that defendant shot Henderson; rather, the issue was whether the killing was premeditated and deliberate, or whether defendant acted in self-defense or from a heat of passion. Charmaine Goldman, defendant’s mother, was with Eric Peterson on the day of the shooting. The two visited her sister, Gwendolyn Davis, at her home. Henderson, Charmaine’s2 brother, was there at the time; when she arrived, he asked her what was going on. She responded she did not know, and Henderson said he was going to check on defendant. Peterson then gave Henderson a ride to JoAngel’s house. Charmaine did not recall talking to JoAngel anytime before the shooting on the day in question although she had attempted to contact her during the day. She stated she

2Due to the fact that several of the witnesses have the same last name, we will refer to them by their first names. No disrespect is intended.

2. did not have a working cell phone at the time, and JoAngel did not know Peterson’s number. Davis testified that on the day in question she was at…