Cert grants- criminal – deliberate design presumption

Reith v. State.  Cert granted on December 12, 2013.  Ex husband, using knife and wrench, kills wife during argument over custody.  Issues:  1) Ct. of Appeals finds that while it was error to give instruction that deliberate design could be presumed from the use of a deadly weapon, error was harmless in light of overwhelming evidence; 2) whether court erred in not allowing evidence of Reith’s mental state or victim’s pending criminal charges; 3) whether defense should have been allowed to put on psychologist to testify re: heat of passion, court held that this would invade the province of the jury. Court of Appeals opinion.   Cert. petition.  State’s supplemental brief.  The Ct. of Appeals cites Tran v. State, 681 So.2d 514, 517 (Miss. 1996), for the proposition that a jury instruction on this presumption should only be given where the evidence has failed to establish the circumstances surrounding the use of the weapon.

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  1. Pingback: Cert grants – Jan. 9, 2014 | Jane's Law Blog

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