Collman v. State

*693OPINION

By the Court,

Agosti, J.:

Appellant Thomas Coliman was convicted of first-degree murder and sentenced to death for killing three-year-old Damian Stach, the son of Lory Stach, Collman’s live-in girlfriend.

On appeal, Coliman challenges various evidentiary and other rulings of the district court. None of these challenges warrant relief. Although we conclude that the jury was erroneously instructed in the guilt phase that child abuse constituted conclusive evidence of malice aforethought, we conclude that the error was harmless. We therefore affirm Collman’s conviction and sentence of death.

F…