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Defense asks court to grant new trial in capital case; judge to issue written order after review
Summary
Defense attorneys for David Joshua Wiggins urged the court to grant a new trial and to vacate the death sentence, arguing errors in both the guilt and penalty phases; the state opposed the motion and the judge said he will issue a written ruling.
Defense attorneys for David Joshua Wiggins urged the court to grant a new trial and to vacate the death sentence, arguing errors in both the guilt and penalty phases of the trial. The state opposed the motion, and Judge David D. Wolfe said he will review the filings and issue a written order.
At a hearing on the motion for new trial, defense counsel Robert Kurtz summarized several grounds for relief in the guilt phase: the admission of numerous photographs of the decedent that, he argued, were more prejudicial than probative; improper admission of 404(b) evidence through testimony by Brian Hudnall; and erroneous jury instructions that, the defense said, could have suggested to jurors a premeditated plan. Kurtz said the 404(b)…
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