State v. Wagner
Annotate this CaseThis case stemmed from a gun fight between Defendant and Michael Peters. Defendant was convicted of attempted deliberate homicide with a weapon. The Supreme Court reversed and remanded for a new trial upon finding that prosecutorial comments regarding Defendant's post-Miranda silence constituted plain error. After the Court remanded the case, the district court held several pre-trial hearings and ruled on various motions. After a jury trial, Defendant was convicted of attempted deliberate homicide. The Supreme Court affirmed, holding that the district court (1) did not err by denying Defendant's motion to dismiss for negligent destruction of exculpatory evidence; and (2) did not err in limiting Defendant's cross-examination of a State's witness.
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