State v. Pierce

After learning his wife was having an affair with LaPorte, Homer Pierce (defendant) threatened LaPorte, separated from his wife, then later saw the two together in public, left town, and eventually purchased an automatic rifle; days later, after a series of phone calls with his wife, her family and friends, and LaPorte himself discussing a potential confrontation, Pierce drove to LaPorte's home early the next morning and shot him repeatedly with the rifle. Convicted of aggravated murder after the trial court instructed on both murder and voluntary manslaughter, Pierce appealed, arguing the jury instructions inadequately defined "extreme emotional distress" and "serious provocation."