State v. Mcneely

8 P.3d 212 (2000)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

The victim disappeared in March 1993. In May 1993, her body was discovered in a dumpster. While D was in jail, another inmate introduced D to Thompson. Thompson spoke with D several times over a three- or four-day period. D discussed the facts of this case. D contacted the police and disclosed incriminating statements that d had made to him about the victim's death. D objected to Thompson's testimony. in part because Thompson was unable to identify D at trial as the man with whom he had spoken in jail. The court allowed Thompson to testify. D argued in part that the testimony was irrelevant and P argued that the testimony was conditionally relevant. The evidence during argument showed that D had met Thompson in jail several years ago and that D had changed his appearance by shaving off his mustache and gaining 25 pounds. The trial court allowed the evidence because it was a matter for the jury to determine the credibility of the evidence and a reasonable jury could so find that Thompson was telling the truth. D was convicted and sentenced to death. D appealed seeking reversal of his conviction or in the alternative that the court vacates his death sentence.