State v. Dayutis

The defendant, Dean Dayutis, appeals his conviction of second degree murder and his sentencing by the Superior Court {Nadeau, J.). He raises five issues: first, that he is entitled to a mistrial because the prosecutor in his opening statement referred to evidence previously precluded by a court order; second, that the indictment should have been dismissed because the State did not present certain exculpatory evidence to the grand jury; third, that the trial court had no statutory basis for sentencing him to life imprisonment with a minimum term of not less than thirty-five (35) years; fourth,…