Violence Against Women; Murder; Extreme Emotional Distress

Court: 
Supreme Court
Case Number: 

2019-SC-0181-MR

Case Status: 
Published Case
Rendered Date: 
Thursday, January 21, 2021

The trial court did not abuse its discretion in denying requested jury instructions on extreme emotional distress and voluntary intoxication. Defendant’s multiple statements consistently indicated that he did not act out of rage or anger, when murdering the mother of his children, a day following the alleged triggering event, and although the defendant may have consumed alcohol, proof did not show he was so drunk he did not know what he was doing. No palpable error occurred in questioning of detective about his charging decision, and trial court did not abuse its discretion in permitting a reenactment of the crime during the case-in-chief and subject to cross-examination. Miranda warning did not lose its efficacy between the arrest and transport of defendant. Affirmed.

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