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Home / Courts / Criminal Practice – DNA – Innocence Claim – Blood on Defendant – Firing Into Occupied Premises (access required)

Criminal Practice – DNA – Innocence Claim – Blood on Defendant – Firing Into Occupied Premises (access required)

State v. Hewson Nearly all of the evidence – the content of the victim’s 911 call; the position of defendant, his gun, the shell casings, the broken glass in the victim’s house, and the victim herself; and the fact that law enforcement had to break down the door to get into the house – indicated that defendant discharged his weapon into the victim’s house from outside the house, and defendant was convicted of first-degree murder based on premeditation and deliberation and based on felony murder, with discharging a firearm into occupied property as the underlying felony. Although blood was found on defendant’s pants, the court rejects his request for DNA analysis of the blood, based on his contention that he was in close proximity to the victim at some point, giving him the basis for a heat-of-passion defense to first-degree murder based on premeditation and deliberation with a potential reduction in charge to second-degree murder.

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