S-12-0177 State v. Kevin J. Watt (Appellant)
Douglas County, Judge Gary B. Randall
Attorneys: Stuart J. Dornan, Jason E. Troia (Dornan Lustgarten & Troia PCLLO) (Appellant) --- Erin E. Tangeman (Attorney General’s Office)
Criminal: First degree murder; first degree assault, 2 counts of use of a weapon to commit a felony and possession of a deadly weapon by a prohibited person.
Proceedings below: The trial court found Appellant guilty of being in possession of a deadly weapon by a prohibited person. A jury found Appellant guilty of the remaining charges. He was sentenced to life in prison for first degree murder and consecutive sentences of 15 to 30 years on all other counts with each to run consecutive to one another and consecutive to the life sentence.
Issues: I. There was Insufficient Evidence Adduced to Convict Appellant Beyond a
Reasonable Doubt. II. The District Court Erred by Incorrectly Instructing the Jury. III. The State Engaged in Prosecutorial Misconduct by Arguing Facts not in Evidence and by Intimidating a Witness into Changing her Testimony. IV. Appellant Received Ineffective Assistance of Counsel at Trial. V. The District Court Erred in Finding that Exhibit 2 was Sufficient to Establish a Prior Felony Conviction. VI. The District Court Abused its Discretion in the Sentence Given to Appellant.