Stewart v. Ross
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The Supreme Court affirmed Defendant's convictions for first-degree felony murder, second-degree murder, and felony abuse of a child, holding that none of Defendant's claims of error warranted reversal of his convictions.
Specifically, the Court held (1) a comment made by the prosecutor during closing argument was a misstatement that did not effectively shift the burden of proof, and there was no reasonable possibility that the error contributed to the verdict; (2) any error in failing to offer a lesser concluded offense instruction on unintentional but reckless second-degree murder was harmless; (3) the district court did not err in admitting two recorded jail calls between Defendant and his mother into evidence; and (4) Defendant's pro se arguments were insufficiently preserved for appellate review.
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