State v. Herrick

¶ 1. Defendant appeals from a conviction, after jury trial, of second-degree murder and a sentence of imprisonment for twenty-two years to life. Defendant, who was romantically involved with the victim’s wife, fatally stabbed the victim following a verbal and physical altercation. Just as the jury entered the courtroom to be sworn, three people walked in wearing t-shirts memorializing the victim. Following general and individual voir dire, defendant moved for mistrial, which the trial court denied. On appeal, defendant argues: (1) the trial court’s failure to instruct the jury to consider…