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Appeals court hears argument that judge erred by not giving lesser-included assault instruction in fatal shooting case
Summary
In Kamala v. Rivera, defense and prosecution disputed whether evidence supported a lesser-included assault-and-battery instruction after a jury convicted on murder; justices pressed both sides on witness credibility, joint venture law and prejudice from the omitted instruction.
Justice Greg Massing and a three-justice panel heard argument in Kamala v. Rivera (23p1023) on whether the trial judge should have instructed the jury on assault and battery as a lesser-included offense to murder. Attorney Robert Shekhanov, representing Jose Rivera, told the court he “wants to address only the failure to give the lesser included offense instruction for assault and battery.” He said trial counsel preserved the objection at the end of the charge and that the record contains statements by the trial…
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