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eBook details

• Title: People v. Szadziewicz
• Author : Colorado Supreme Court
• Release Date : January 01, 2008
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 82 KB

Description

A jury convicted appellant Henry Szadziewicz of attempted murder, aggravated mayhem, and first degree burglary. He raises a number of issues on appeal. First, he contends there was insufficient evidence of specific intent to support his aggravated mayhem conviction. Second, he argues the court had a duty to instruct sua sponte on unreasonable self-defense. That instruction would have amounted to instructions on attempted voluntary manslaughter, assault, and battery as lesser included offenses. Third, he claims his trial attorney was ineffective because he (1) did not ask for instructions on these lesser offenses; (2) referred to Szadziewicz in his closing as "strange" and "paranoid"; and (3) did not call his daughter Fay as a trial witness. Fourth, Szadziewicz contends the prosecutor committed misconduct by arguing matters outside the record. Fifth, he claims the trial court violated his confrontation rights by limiting cross-examination about a witnesss prior conviction. Sixth and finally, he asserts that his sentence is unconstitutionally disproportional.

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