State v. Waiters

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The Supreme Court affirmed Defendant's convictions of first-degree felony murder, attempted first-degree felony murder, drive-by shooting (the underlying felony), and other offenses, holding that the evidence was sufficient to support the drive-by shooting conviction and that the prosecutor did not engage in prosecutorial misconduct. On appeal, Defendant argued, among other things, that the evidence was insufficient to prove that he discharged a firearm "at or toward" a building or vehicle and that the prosecutor committed prosecutorial misconduct when she argued in rebuttal that Defendant's closing argument was trying to play on the jury's emotions. The Supreme Court affirmed, holding (1) there was sufficient evidence for a reasonable jury to find that Defendant discharged a firearm "toward" a building; (2) the prosecutor did not commit misconduct; and (3) Defendant's remaining pro se arguments were without merit. View "State v. Waiters" on Justia Law