State v. Benn

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Armstrong, J.

— Gary Michael Benn appeals his two convictions of aggravated murder. He claims that the trial court erred when it allowed the State to proceed on a “single act” aggravating circumstances theory because a jury implicitly acquitted him of that circumstance in his first trial. He also claims that the court erred in: (1) admitting prior testimony when he did not have the opportunity or similar motive to cross-examine the witness, (2) limiting his cross-examination of the State’s expert witnesses concerning learned treatises, (3) excluding a letter he wanted to use to impeach a…