State v. Leyba

OPINION

BOSSON, Justice

INTRODUCTION

{1} In this first-degree murder case, the State improperly admitted into evidence a diary of the decedent which was inadmissible hearsay. Because the diary was important to the State’s case, and the State repeatedly relied upon its contents throughout the trial, we conclude that the error was not harmless and the convictions must be reversed. Accordingly, we remand to the district court for a new trial.

BACKGROUND

{2} On May 22, 2009, Marino “Reno” Leyba (Defendant) fatally shot his pregnant girlfriend, Sarah Lovato, and her father, Bennie Lovato, after…