State v. Zlahn
Annotate this CaseAfter a jury trial, Defendant was convicted of assault with a weapon, criminal endangerment, and tampering with or fabricating physical evidence. The district court sentenced Defendant to a total of thirty years in prison with five years suspended. The Supreme Court affirmed, holding (1) plain error review of Defendant’s contention that the failure to immediately assign him counsel violated his constitutional and statutory rights was not warranted here; (2) the district court did not err in refusing Defendant’s proposed jury instructions regarding factors affecting the reliability of eyewitness identification; (3) the district court erred by admitting evidence of condoms found in Defendant’s van, but the error was harmless; and (4) the district court did not abuse its discretion when it refused to declare a mistrial based on the court’s comments to a co-conspirator.
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