State v. Hohenwald
Annotate this CaseAfter a grand jury indicted Defendant on two counts of first-degree premeditated murder, two counts of first-degree felony murder, and two counts of second-degree murder, the district court convicted Defendant on both counts of first-degree premeditated murder. Defendant challenged his convictions on four grounds. The Supreme Court affirmed, holding (1) the district court did not err in denying Defendant's motion for dismissal of the indictment; (2) the record contained sufficient evidence to support the district court's verdict that Defendant was guilty of first-degree premeditated murder rather than heat-of-passion manslaughter; (3) the prosecutor's alleged misconduct during witness questioning did not affect Defendant's substantial rights under the plain-error test; and (4) the allegedly erroneous admission of a witness's out-of-court statement did not substantially influence the district court's verdict, and therefore, Defendant was not entitled to a new trial.
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