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State v. Foster (20)

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Tuesday, April 3, 2012

S-10-1228, State v. Jeremy D. Foster (Appellant)

Douglas County, Judge Peter C. Batillon

Attorneys: Michael J. Wilson, Glenn Shapiro (Schaefer Shapiro, LLP) (for Appellant) --- Stacy M. Foust (Attorney General’s Office)

Criminal: Count I: First degree murder; Count II: Use of a firearm to commit a felony; Count III: Second degree assault; Count IV: Use of a firearm to commit a felony; Count V: Second degree assault; Count VI: Use of a firearm to commit a felony; Count VII: Second degree assault; Count VIII: Use of a firearm to commit a felony; Count IX: Second degree assault; Count X: Use of a firearm to commit a felony

Proceedings below: A jury found Appellant guilty of the above crimes. He was sentenced as follows: Count I: Life in prison; Count II: 40-50 years; Counts III, V, VII, and IX: 4 to 5 years each; Counts IV, VI, VIII, and X: 10 to 20 years each. Each sentence was ordered to be served consecutively to each other. Credit was given for time served.

Issues: The district court erred in (1) failing to sever Appellant’s trial from that of co-defendant Smith because their irreconcilable and mutually antagonistic defenses reduced their trial to a contest between them and erred in admitting multiple hearsay statements against him; (2) permitting the jurors to separate after submission of Appellant’s case without first obtaining Appellant’s voluntary, knowing and intelligent waiver of his right to sequestration of the jury.

This page was last modified on Friday, May 4, 2012