(DOWNLOAD) "State Minnesota v. Brent Charles Nielsen" by Supreme Court of Minnesota ~ Book PDF Kindle ePub Free
eBook details
- Title: State Minnesota v. Brent Charles Nielsen
- Author : Supreme Court of Minnesota
- Release Date : January 05, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Defendant received fair trial and was properly convicted of first degree felony murder (death while committing or attempting
to commit first or second degree criminal sexual conduct with force or violence). Defendant was convicted of first degree felony murder, Minn. Stat. § 609.185(2) (death while committing or attempting to
commit first or second degree criminal sexual conduct with force or violence) and second degree intentional murder, Minn.
Stat. § 609.19(1) (death with intent but without premeditation) in the murder of 17-year-old Shelby Pavlacky, and he was sentenced
for the more serious offense to a term of life in prison. On this appeal from judgment of conviction he seeks an outright
reversal of his first degree murder conviction on the ground that the state failed to prove beyond a reasonable doubt that
he killed the victim "while committing or attempting to commit" the rape, a crime he maintains was committed as "an afterthought"
to the killing of the victim. Defendant also makes the related claim that the trial court -- by allowing the prosecutor to
give a rebuttal argument following defense counsel's closing argument and by refusing to give an instruction on bestiality
-- left the jury with the false impression that it properly could convict him of first degree felony murder even if it believed
defendant's testimony that the rape was committed as an afterthought. Finally, defendant complains about that trial court's
admission of DNA evidence. We affirm.
 "State Minnesota v. Brent Charles Nielsen" by Supreme Court of Minnesota ~ Book PDF Kindle ePub Free){kind=link}