State v. Fisher
Annotate this CaseAfter a jury trial, Defendant was convicted of attempted second-degree murder and criminal damage to property. The Supreme Court affirmed Defendant’s conviction and sentence, holding (1) the prosecutor violated Doyle v. Ohio during his cross-examination of Defendant, but Defendant was not entitled to reversal of his convictions on the basis of the Doyle error alone; (2) there was one instance of prosecutorial misconduct during closing, but this single error did not affect the outcome of the trial in light of the entire record; (3) the district court judge did not commit clear error in failing to instruct the jury on the lesser included offense of attempted voluntary manslaughter; (4) the district judge did not err by telling the jury at the beginning of the trial that a mistrial attributable to jury misconduct would be a burden on the parties and taxpayers; (5) the criminal damage conviction was supported by sufficient evidence; (6) cumulative error did not deprive Defendant of a fair trial; and (7) the district judge did not err in determining Defendant’s criminal history score.
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