Criminal Procedure Discovery, Subpoenas & Related Issues Subpoenas
The defendant entered pleas of not responsible and never guilty by purpose of insanity (NGI) at his first-degree murder trial in state courtroom. State process required a bifurcated trial consisting of a guilt part followed by a NGI section. During the guilt part, the defendant sought, through medical testimony, to indicate that he was insane and thus incapable of premeditation and deliberation. For the NGI part, the defendant had the burden of displaying madness. Counsel had planned to satisfy that burden presenting medical testament similar to that offered in the guilt part.
The Main Classifications Of Criminal Offenses
Thus, the trial court docket acted underneath a misapprehension of the legislation when it denied the defendantâ€™s MAR on grounds that it will impermissibly require the MAR courtroom to overrule one other Superior Court Judge. The defendant did not preserve his problem to the sufficiency of the evidence supporting the conspiracy cost. At the motion to dismiss, defense counsel conceded that the state had sufficient evidence for conspiracy. The courtroom declined to invoke Rule 2 of the Appellate Rules of Procedure to achieve the difficulty, finding the case didn’t present the kind of â€œexceptional circumstancesâ€ justifying Rule 2 review.
Boatnerâ€™s undisclosed statements, the Court concluded, had been plainly materials. The Court went on to reject numerous reasons superior by the State and the dissent relating to why the jury may need discounted Boatnerâ€™s undisclosed statements. In a sex offense case, the defendant obtained ineffective … Read More