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Tag Archives: Attempted Murder

Criminal Practice – Attempted Murder – Constitutional – Confrontation Clause – Unavailable Witness – Probable Cause Hearing Testimony – Intent to Kill – Serious Injury – Sentencing – Aggravating Factors

State v. Ross At the probable cause hearing, defendant was represented by counsel (who was one of his trial counsel), he had the same motive to cross-examine victim Besies as at trial, and his counsel did in fact cross-examine Besies; therefore, defendant had an adequate opportunity to cross-examine Besies. Since Besies was unavailable to testify at trial, the trial court did not violate defendant’s right to confront the witnesses against him when the court admitted Besies’ testimony from the probable cause hearing into evidence.

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Criminal Practice – Attempted Murder – Intent to Kill – Buying Knife & Lying in Wait – Closing Arguments – Animal Analogy

State v. Teague The state presented enough evidence of defendant’s intent to kill to reach the jury on a charge of attempted murder: the day that defendant was told to leave the victims’ residence by their daughter-in-law, defendant drove to Walmart and bought a pair of binoculars and a knife; eventually returned to the victims’ residence; laid near the residence watching them with his binoculars; when Maranda — defendant’s teenage wife — and the victims went to bed, he entered the residence and cut both of the victims multiple times in the neck while they were asleep.

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