State v. Tahah
Annotate this CaseAfter a second jury trial, Defendant was once again convicted of felony murder and the underlying felony of criminal discharge of a firearm at an occupied dwelling. The Supreme Court affirmed Defendant’s convictions, holding (1) the district court did not err in failing to give lesser included offense instructions to the felony-murder charge; (2) the prosecutor made a misstatement of the law during closing argument, but the misconduct did not deprive Defendant of a fair trial; (3) the district court did not commit judicial misconduct in giving an instruction warning the jury against considering any information outside of the evidence presented at trial; and (4) Defendant’s Sixth and Fourteenth Amendment rights were not violated because the State did not prove his prior convictions beyond a reasonable doubt when imposing an enhanced sentence.
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