Closing Arguments and the Record

Closing Arguments and the Record

  This is why you need a well qualified attorney.  As you can see in this case, even when an attorney doesn't win an argument at court, there is a reason to make the argument, and that's for appeal purposes.  Here the Defense made a record of the need for particular leeway in closing arguments.  That leeway was wrongfully denied.  Luckily, since there was a record, the Minnesota Supreme Court reversed that decision.

A13-0961       State of Minnesota, Respondent, vs. David Muniz Bustos, Appellant.
                     McLeod County.
           1.   The district court committed plain error when it precluded defense counsel from arguing that the State had failed to prove any alleged incident of prior domestic abuse beyond a reasonable doubt.
           2.   The district court also committed plain error when it gave the jury an incorrect definition of domestic abuse.
           3.   The cumulative effect of the district court’s errors affected appellant’s substantial rights.  A new trial on the charge of first-degree domestic-abuse murder is required because the errors, taken together, seriously affected the fairness, integrity, and public reputation of judicial proceedings.
           4.   There is no reasonable possibility that the exclusion of the preliminary breath test results contributed to the jury’s finding of guilt on the second-degree intentional murder charge.  Therefore, even if the exclusion was erroneous, any potential error was harmless beyond a reasonable doubt.
           Affirmed in part, reversed in part, and remanded for a new trial.  Justice G. Barry Anderson.
           Dissenting, Justice Wilhelmina M. Wright, Chief Justice Lorie S. Gildea and Justice Christopher J. Dietzen.


14 comments (Add your own)

1. AltonTrefe wrote:
bestwebcam.us.com

Wed, September 19, 2018 @ 7:32 PM

2. Wegitew wrote:
Link below to get instant! PSN Card Generator 2018 2019
[url="https://stocktwits.com/psncards2019"]where can i get free psn codes without surveys[/url]
Free Playstation Card Codes
Get Psn Code 2019
Free Ps4 Codes No Survey
Free Ps4 Game Codes
Free Ps4 Game Codes No Survey 2019
Free Ps4 Game Codes No Survey No Download

Fri, October 26, 2018 @ 4:27 PM

3. Calvinror wrote:
generic viagra without subscription walmart
[url=http://viagradoctorskllr.com ]generic viagra without a doctor prescription [/url]
viagra doctor prescription
viagra without doctor prescription judpharmacy
online doctors that provide prescriptions

Tue, March 26, 2019 @ 1:57 AM

4. wrote:
Attractive section of content. I just stumbled upon your blog and in accession capital to assert that
I acquire in fact enjoyed account your blog posts.
Any way I will be subscribing to your feeds and even I
achievement you access consistently quickly.

Fri, May 31, 2019 @ 11:13 AM

5. wrote:
Thanks for the marvelous posting! I certainly enjoyed reading
it, you happen to be a great author. I will remember to bookmark your blog and will eventually come
back sometime soon. I want to encourage yourself to continue your great writing, have
a nice weekend!

Sun, June 2, 2019 @ 9:06 AM

6. wrote:
Can I simply just say what a relief to uncover somebody
that really knows what they're discussing on the net.

You definitely know how to bring a problem to light and make it important.
More and more people have to look at this and understand this side of your story.
I was surprised that you aren't more popular given that
you definitely possess the gift.

Sun, June 2, 2019 @ 4:56 PM

7. wrote:
My family members all the time say that I am killing
my time here at net, except I know I am getting know-how everyday by
reading such fastidious articles or reviews.

Tue, June 4, 2019 @ 4:24 AM

8. wrote:
Heya i'm for the primary time here. I came across this board and I
to find It really helpful & it helped me out much. I hope to provide one thing back
and aid others such as you aided me.

Wed, June 5, 2019 @ 9:25 PM

9. https://dancesweb.com/ wrote:
https://dancesweb.com/theking/ - 더킹카지노
https://dancesweb.com/theninecasino/ - 더나인카지노
https://dancesweb.com/woori/ - 우리카지노
https://dancesweb.com/ - 예스카지노
https://dancesweb.com/first/ - 퍼스트카지노
https://dancesweb.com/coinkore/ - 코인카지노

Tue, June 25, 2019 @ 1:56 AM

10. https://como79.com/ wrote:
https://como79.com/ - 우리카지노
https://como79.com/theking/ - 더킹카지노
https://como79.com/yescasino/ - 예스카지노
https://como79.com/coinkorea/ - 코인카지노
https://como79.com/first/ - 퍼스트카지노
https://como79.com/theninecasino/ - 더나인카지노

Tue, June 25, 2019 @ 1:57 AM

11. https://stylebet79.com/ wrote:
https://stylebet79.com/ - 우리카지노
https://stylebet79.com/theking/ - 더킹카지노
https://stylebet79.com/yes/ - 예스카지노
https://stylebet79.com/first/ - 퍼스트카지노
https://stylebet79.com/coinka/ - 코인카지노
https://stylebet79.com/theninecasino/ - 더나인카지노

Tue, June 25, 2019 @ 1:57 AM

12. https://hero-wanted.com/ wrote:
https://hero-wanted.com/ - 우리카지노
https://hero-wanted.com/theking/ - 더킹카지노
https://hero-wanted.com/first/ - 퍼스트카지노
https://hero-wanted.com/yes/ - 예스카지노
https://hero-wanted.com/coin/ - 코인카지노
https://hero-wanted.com/theninecasino/ - 더나인카지노

Tue, June 25, 2019 @ 1:57 AM

13. https://samsungcorning.co.kr/ wrote:
https://samsungcorning.co.kr/ - 우리카지노
https://samsungcorning.co.kr/ - 더킹카지노
https://samsungcorning.co.kr/ - 퍼스트카지노
https://samsungcorning.co.kr/ - 예스카지노
https://samsungcorning.co.kr/ - 코인카지노
https://samsungcorning.co.kr/ - 더나인카지노

Tue, June 25, 2019 @ 1:57 AM

14. https://hansollcd.co.kr/ wrote:
https://hansollcd.co.kr/ - 우리카지노
https://hansollcd.co.kr/ - 더킹카지노
https://hansollcd.co.kr/ - 퍼스트카지노
https://hansollcd.co.kr/ - 예스카지노
https://hansollcd.co.kr/ - 코인카지노
https://hansollcd.co.kr/ - 더나인카지노

Tue, June 25, 2019 @ 1:57 AM

Add a New Comment


code
 

Comment Guidelines: No HTML is allowed. Off-topic or inappropriate comments will be edited or deleted. Thanks.