State v. Polak

The Supreme Court affirmed in part and reversed and remanded in part Defendant’s conviction for deliberate homicide with a weapons enhancement, tampering with or fabricating physical evidence, and criminal endangerment, holding that the district court committed an evidentiary error and that there was insufficient evidence to support Defendant’s conviction for tampering with the evidence.Specifically, the Court held (1) the district court abused its discretion by granting the State’s motion in liming excluding a methamphetamine pipe and the alleged drug use of a State witness that Defendant sought to introduce for impeachment purposes; (2) the district court did not abuse its discretion by giving a “first-aggressor” instruction to the jury; and (3) there was insufficient evidence to support a conviction of evidence tampering. View "State v. Polak" on Justia Law