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Criminal Law

Jury correctly instructed on aggravated malicious wounding (access required)

In this aggravated malicious wounding case, the jury was correctly instructed that a defendant’s heat of passion defense must arise from the victim’s provocation rather than being provoked by someone else. Further, there was sufficient evidence of malice to support ...

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Court had jurisdiction to revoke suspended sentence (access required)

The circuit court retained jurisdiction to revoke appellant’s suspended sentence when it conditioned the suspension on appellant’s compliance with his probation terms, even though the court did not expressly make the suspension period concurrent with the probation period. Background In ...

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Counsel’s mitigating factors presentation sinks claim (access required)

Where counsel presented substantial mitigating evidence about the defendant’s neglectful and violent childhood and his significant brain damage, including the opinions of four experts about the effects of brain damage on his behavior, the defendant sentenced to death for rape ...

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Handgun was secured in backpack, concealed weapon conviction reversed

Where police searched a vehicle occupied by appellant and found a handgun in a backpack pouch that was zipped shut, the handgun was secured within the meaning of the concealed weapon statute. As a result, appellant’s conviction for carrying a ...

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