State v. Warren
Annotate this CaseAfter a joint trial with his co-defendant, Defendant was convicted of one count of premeditated first-degree murder and other crimes and sentenced to life with a minimum term of fifty years. The Supreme Court affirmed the convictions but vacated the hard fifty life sentence, holding (1) the district court did not err by denying Defendant’s motion for a mistrial based on a potential juror’s statements; (2) the district court did err by denying Defendant’s motion for mistrial based on a witness’ testimony; (3) the district court did not err in denying Defendant’s motion for a new trial based on newly discovered evidence; (4) the district court did not err in denying Defendant’s motion to sever his trial from his co-defendant’s trial; (5) the reasonable doubt instruction given in this case was not clearly erroneous; but (6) Defendant’s sentence was imposed in violation of his constitutional right to a jury trial, and the error was not harmless. Remanded for resentencing.
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