State v. Rice

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The Supreme Court remanded this case resulting in Defendant's convictions of first- and second-degree murder and sentence of death for the first-degree murder and life imprisonment for the second-degree murder, holding that Defendant's second-degree murder conviction must be reversed and that the judgment on the first-degree murder must be reversed as to the penalty phase of the trial. Specifically, the Court held (1) the circuit court erred when it refused to submit Defendant's proposed jury instructions for second-degree murder and voluntary manslaughter in that there was sufficient evidence from which the jury could find that Defendant acted out of sudden passion arising from adequate cause; (2) the circuit court erred in admitting statements made in violation of Defendant's Miranda rights, but the error was harmless; (3) the circuit court violated Defendant's right to due process by admitting evidence of his post-Miranda silence, but those violations were harmless; and (4) the circuit court erred when it overruled Defendant's objection to the State's penalty phase closing argument in which the State made an impermissible reference to Defendant's decision not to testify, and this error required the judgment on the first-degree murder to be reversed as to the penalty phase of the trial. View "State v. Rice" on Justia Law