State v. Braesch

Appellant shot and killed his father in the sight of Appellant’s three nieces. After a bench trial, the district court convicted Appellant of first degree murder, using a firearm to commit a felony, and three counts of negligent child abuse. The Supreme Court affirmed, holding that the district court did not err in (1) finding that Appellant did not voluntarily and intelligently waive his right to a jury trial or consent to a trial before a new judge to which the trial was reassigned; (2) excluding as unreliable Appellant’s expert witness’s opinion regarding Appellant’s mental state when he killed the victim; and (3) finding that the evidence was sufficient to support Appellant’s first degree murder conviction. View "State v. Braesch" on Justia Law