State v. St. MarksAnnotate this Case
The Supreme Court affirmed Defendant's conviction of attempted deliberate homicide, holding that a challenged jury instruction did not undermine the fundamental fairness of the proceeding.
After a jury trial, Defendant was convicted of attempted deliberate homicide. On appeal, Defendant argued that the district court's "specific purpose" jury instruction warranted review under either the doctrine of plain error or ineffective assistance of counsel and that the prosecutor's comment warranted plain error review by the Supreme Court. The Supreme Court affirmed, holding (1) the trial court's instruction did not result in a manifest miscarriage of justice, and the claimed error by trial counsel in failing to object to the instruction did not prejudice Defendant; and (2) the prosecutor's conduct did not warrant plain error review.