State v. Bernhardt

The opinion of the court was delivered by

Beier, J.:

Defendant Anson R. Bernhardt appeals his conviction for premeditated first-degree murder.

Bernhardt raises three instructional issues, arguing the district judge erred by (1) adding language to a pattern jury instruction defining premeditation; (2) giving two separate jury instructions on intentional second-degree murder and reckless second-degree murder instead of a single instruction covering both theories; and (3) failing to instruct on voluntary manslaughter. He also claims the cumulative effect of these errors deprived him a fair trial.…