Kinsey v. State (Majority, with Dissenting)
Annotate this CaseAfter a jury trial, Appellant was convicted of one count each of first-degree murder and second-degree murder. The Supreme Court affirmed on direct appeal, holding (1) Appellant’s argument that the circuit court erred in denying his motion for a directed verdict because the State failed to negate Appellant’s defense of justification was not preserved for review; (2) the circuit court properly instructed the jury as to the appropriate burden of proof on the defense of justification, and Appellant’s proffered instruction on the issue was not a complete statement of the law; and (3) the circuit court did not err during the sentencing phase when it permitted questions regarding Appellant’s past behavior.
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