State v. Waine
Annotate this CaseAt issue in this case was the constitutionality of a conviction based on a guilty verdict by a jury that was given an advisory only instruction. After a jury trial in 1976, Respondent was found guilty of two counts of first degree murder and a related larceny. In 1997, Respondent sought postconviction relief, alleging several claims. The postconviction court denied relief. In 2007, Respondent filed a motion to reopen the petition for postconviction relief, alleging that the trial court gave an erroneous jury instruction advising the jury that they were the judges of the law and the facts. The circuit court, citing the Court of Appeals’ recently filed opinion in Unger v. State, ultimately granted the motion. After a hearing the postconviction court granted Respondent postconviction relief and ordered that Respondent was entitled to a new trial. The Court of Appeals affirmed, thus upholding Unger as the law regarding advisory only jury instructions, holding that the postconviction court properly granted Respondent relief in the form of a new trial.
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