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Home / Courts / Criminal Practice – Assault with a Deadly Weapon on a Government Official – Motor Vehicle – No Lesser Included Offense – Ineffective Assistance Claim (access required)

Criminal Practice – Assault with a Deadly Weapon on a Government Official – Motor Vehicle – No Lesser Included Offense – Ineffective Assistance Claim (access required)

State v. Spencer Officer Battle testified that, as he approached defendant’s vehicle after a high-speed chase, defendant’s vehicle started “coming towards me at a very fast pace,” “as the vehicle was coming towards me, I step[ped] out of the way,” “the vehicle started to head towards me and at that point I jumped back, jumped maybe eight or nine feet,” and “I knew ... [defendant] had gained traction and he was accelerating back on the road. Due to my closeness of myself and his vehicle, at that point I felt like my life was in danger.”

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