State v. Shumway

Brazil, J.:

Russell Lee Shumway appeals his conviction of murder in the second degree, arguing that the district court violated his due process rights by admitting unreliable testimony against him, that the district court erred in instructing the jury on murder in the second degree as a lesser included offense of felony murder, and that the district court imposed a disproportionate sentence in violation of his Eighth Amendment rights.

We affirm.

On the morning of October 8,1999, Mitch Davis was discovered in his backyard by a neighbor. He had suffered multiple blows to the head from a blunt…