Simon v. State

This is an appeal by Nelsenn Simon from his conviction of second degree murder. Simon argues that the trial court gave a fundamentally erroneous jury instruction on the lesser included offense of manslaughter because it included the same intent element of the greater offense of second degree murder. Simon also contends that the trial court improperly excluded testimony as to the victim’s propensity for violence. In his third point on appeal, Simon claims that an improper prosecutorial comment on his right to silence was not satisfactorily remedied by a curative instruction such that he is now…