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Criminal Practice – Murder – Premeditation & Deliberation – Self-Defense Instruction - Vimarsana News

Criminal Practice – Murder – Premeditation & Deliberation – Self-Defense Instruction

Where the state presented evidence that (1) after the victim punched defendant’s cousin outside a casino, defendant retrieved a gun from his car; (2) defendant circled around the car multiple times trying to get to the victim; (3) defendant chased after the victim once the victim began running away; (4) defendant fired the shots that ...

Criminal Practice – Larceny from the Person – Coercion – Misdemeanor Larceny - Vimarsana News

Criminal Practice – Larceny from the Person – Coercion – Misdemeanor Larceny

The state presented evidence that (1) defendant parked his car behind the victim’s so the victim could not drive until he complied with defendant’s demand (that the victim get money from an ATM and give it to defendant); (2) defendant threatened to smash the victim’s windshield if he did not comply; (3) the victim weighed ...

Criminal Practice – Indecent Liberties – False Accusation Evidence – Notetaker's Mistake - Vimarsana News

Criminal Practice – Indecent Liberties – False Accusation Evidence – Notetaker's Mistake

During an interview with the minor victim, a sheriff’s deputy noted that the victim said defendant had previously raped her in Mexico; however, the other two interviewers (a school counselor and a school nurse) noted that the victim had accused a different person of raping her in Mexico. Testimony from the victim’s sister made it ...

Criminal Practice – Waiver of Counsel – No 'Expiration' – Sentencing Range – Deadly Weapon - Vimarsana News

Criminal Practice – Waiver of Counsel – No 'Expiration' – Sentencing Range – Deadly Weapon

Although significant time passed between defendant’s pretrial waivers of counsel and his trial – largely due to the pandemic’s impact on jury trials – the burden of showing a change in defendant’s desire for counsel rests upon defendant. There is no evidence that defendant ever wavered in his desire to represent himself at trial. Moreover, ...

Criminal Practice – Statutory Rape – Penile DNA Swab – Other Overwhelming Evidence - Vimarsana News

Criminal Practice – Statutory Rape – Penile DNA Swab – Other Overwhelming Evidence

Even if it was error for the trial court to admit the DNA test results of a swab of defendant’s penis (which showed the presence of the eight-year-old victim’s DNA), any such error was not prejudicial given the other overwhelming evidence against defendant: the victim testified in detail about the number of times and various ...