(DOWNLOAD) "State v. Vance" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: State v. Vance
- Author : Supreme Court of Montana
- Release Date : January 25, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
On October 5, 2004, a Dakota County jury found appellant Philip Vance guilty of first-degree premeditated murder, first-degree felony murder during an aggravated robbery, and second-degree intentional murder for the shooting death of Khaled Al-Bakri (Al-Bakri). The trial court judge sentenced Vance to life imprisonment. In this direct appeal, Vance raises a number of issues. He contends that the trial court erred when it denied his motion to admit certain alternative-perpetrator evidence and reverse-Spreigl evidence. He also contends that he was denied a fair trial due to the cumulative prejudicial effect of errors by the trial court, including the admission of evidence that witnesses were threatened, felt threatened, or were fearful; the trial courts failure to sua sponte give a cautionary instruction with respect to that evidence; and the trial courts failure to sua sponte give a limiting instruction with respect to unredacted statements by police officers asserting that Vance was lying. Pro se, Vance argues that: (1) newly discovered evidence entitles him to a new trial; (2) the trial court erroneously excluded introduction of a relevant letter; and (3) the prosecutor committed misconduct when she cried during her opening statement and while presenting the states case. We affirm.