Legal Opinion

State v. Herrera

Idaho Supreme Court

Decided September 7, 2018No. Docket 44596PublishedCited by 177 opinions

1Opinion of the CourtBevan, Justice

I. NATURE OF THE CASE

Joseph Herrera ("Herrera") appeals from his conviction for second-degree murder after a second trial. On appeal, Herrera argues that: (1) the State vindictively prosecuted him by adding a sentencing enhancement; (2) the district court erred when it failed to conduct a sufficient inquiry into his request for substitution of appointed counsel; (3) the district court abused its discretion when it overruled objections to a detective's testimony regarding gunshot residue analysis; (4) the State committed prosecutorial misconduct in closing arguments; (5) the accumulation of…

2Cases cited45 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. North Carolina v. PearceSupreme Court of the United States · 1969
  3. Bordenkircher v. HayesSupreme Court of the United States · 1978
  4. Blackledge v. PerrySupreme Court of the United States · 1974
  5. United States v. GoodwinSupreme Court of the United States · 1982

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3Cited by177 opinions

  1. State v. SamuelIdaho Supreme Court · 2019
  2. Alvin Davis v. State of FloridaDistrict Court of Appeal of Florida · 2019
  3. State v. JohnsonIdaho Court of Appeals · 2020
  4. State v. LancasterIdaho Supreme Court · 2022
  5. State v. ByrumIdaho Court of Appeals · 2020

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