State v. Storm

STEELMAN, Judge.

By failing to object to the omission of diminished capacity and voluntary intoxication from the trial court’s final mandate to the jury instructions on the charge of murder, defendant failed to preserve this issue for appellate review. The trial court did not commit plain error when it omitted jury instructions on diminished capacity and voluntary intoxication from its final mandate on the charge of murder. The trial court did not abuse its discretion when it prohibited a lay witness from testifying that defendant “appeared noticeably depressed with flat affect.” The trial…