State v. Pass

The State charged Defendant with two counts of second-degree murder for the stabbing death of Tina San Roman and second-degree assault and attempted second-degree murder for the stabbing of a second victim, O.A.R. A jury acquitted Defendant on the murder counts but deadlocked on the two other counts relating to the attack on O.A.R. In preparation for a retrial on the unresolved counts, the district court (1) excluded the State's evidence related to San Roman's death, concluding that the evidence would mislead the jury and substantially prejudice Defendant; then (2) granted Defendant's motion to dismiss the remaining counts, concluding (i) Defendant could not present his alternative-perpetrator defense without using evidence relating to San Roman's death, and (ii) the exclusion of Defendant's alternative-perpetrator evidence would violate Defendant's right to present a complete defense. The Supreme Court reversed and remanded, holding that the exclusion of the alternative-perpetrator evidence did not violate Defendant's due process right to present a complete defense. View "State v. Pass " on Justia Law