State v. Eggleston

¶1 Brian Eggleston has been tried three times for Deputy John Bananola’s murder. The first trial ended in a mistrial. In the second, the jury expressly found Eggleston not guilty of first degree murder but found him guilty of second degree murder. Using a special verdict form, the jury found Eggleston had not knowingly killed a police officer. Following an appeal, the conviction was vacated based on a number of trial errors. Eggleston was tried a third time. During the third trial, the State argued Eggleston knowingly killed a police officer. He was again convicted of second degree murder,…