Glover v. State
Annotate this CaseDefendant appealed the denial of his motion for a new trial after he was found guilty of malice murder. Defendant contended that the trial court erroneously failed to conduct a hearing on his notice of intent to introduce prior acts of violence by the victim against third parties and thus made no ruling as the admissibility thereof. The court held, however, that defendant waived his right to the hearing and ruling under USCR 31.6. The court also held that, assuming that trial counsel's performance was deficient, there was no reasonable probability that the result of the jury trial would have been different even if the evidence defendant now brought forth had been admitted. Finally, the court held that there was no denial of due process related to the delay in holding a hearing on his motion for a new trial. Accordingly, the court affirmed the judgment.
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