Idaho v. McDermott
Annotate this CaseMichael McDermott appealed his conviction for second-degree murder. McDermott arrived at his ex-girlfriend’s home late at night in the hopes of obtaining methamphetamine. After finding another man, Robert Waholi, inside the ex-girlfriend’s recreational vehicle (“RV”), McDermott slammed his ex-girlfriend’s head twice in her front door, causing her to fall. McDermott exited the RV and then, a few moments later, Waholi came out carrying a large double-edged axe. McDermott shot Waholi through the heart, killing him. McDermott eventually confessed to the police that he had killed Waholi; however, he claimed he was acting in self-defense. The Idaho Supreme Court determined the district court erroneously instructed the jury on the concept of malice, rendering McDermott's trial unfair. The conviction was vacated, and the case remanded for a new trial.
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