State v. Austin
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The Supreme Court affirmed the decision of the court of appeals affirming Defendant's convictions of assault on a female and habitual misdemeanor assault, holding that Defendant received a fair trial free from error.
On appeal, Defendant argued that the trial court impermissibly expressed an opinion during jury instructions concerning facts to be decided by the jury. The court of appeals found no error and upheld Defendant's convictions. The Supreme Court affirmed, holding (1) the State presented evidence at trial that satisfied the elements of the predicate assault, and the court's instructions clarified that the jury was solely responsibly for making this determination; and (2) even if it is assumed that the trial court violated the statutory prohibitions against the expression of opinion, Defendant could not show a reasonable possibility of a different result.
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