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Home / Opinion Digests / Criminal Practice / Criminal Practice – Murder – Premeditation & Deliberation – Evidence – Victim’s Gang Membership (access required)

Criminal Practice – Murder – Premeditation & Deliberation – Evidence – Victim’s Gang Membership (access required)

State v. Horskins : Where the state’s evidence showed (1) no provocation on the part of the victim, (2) defendant kept shooting after the victim fell, and (3) defendant attempted to hide evidence from the shooting, the trial court correctly denied defendant’s motion to dismiss. On a motion to dismiss, the trial court properly declined to consider defendant’s evidence of provocation by the victim and of the influence of defendant’s Army training and post-traumatic stress disorder.

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