State v. Olsen

Defendant Thomas Olsen appeals his conviction by jury for the second-degree murder of his girlfriend’s two-year-old daughter, Melissa, arguing that the trial court erred by (1) denying his motion for judgment of acquittal on the issue of his intent to kill, (2) instructing the jury on a theory of second-degree murder not charged in the information, (3) excluding evidence of prior allegations of child abuse against the daycare provider, and (4) failing to grant his motion for new trial on newly discovered evidence. We affirm.

On November 3,1992, the day of the death, defendant and Melissa’s…