State v. Bolaski

¶ 1. Defendant Kyle Bolaski appeals from his conviction for second-degree murder after a jury trial. He argues that the trial court erred in (1) not instructing the jury that, to find second-degree murder, the jury had to find an absence of passion or provocation; (2) excluding evidence of the victim’s mental health history in the months before the incident; and (3) dismissing a juror during the trial because she reported having followed the case during the time of the grand jury. We do not reach the juror issue, and reverse and remand for a new trial.

¶ 2. The basic background to the case,…