State v. Morton

The opinion of the court was delivered by

Beier, J.:

In this direct appeal from his conviction of first-degree murder and aggravated robbeiy on retrial, defendant Joseph Dodds Morton alleges that (1) prosecutorial misconduct in the first trial barred a new trial on a first-degree murder charge; (2) the district court’s original ruling on a motion in limine excluding certain expert testimony should have controlled the issue on retrial; and (3) the State failed to prove premeditation beyond a reasonable doubt.

Defendant’s initial convictions stemmed from a March 2001 robbery of a grocery store at…