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Appellate panel hears challenge to Davenport convictions and late notice of appeal
Summary
At oral argument, defense counsel urged reversal of an attempted second-degree murder conviction as inconsistent with other homicide convictions and asked the court to excuse a roughly 250-day late notice of appeal; the state urged affirmance, saying the evidence is sufficient and the record lacks a justification for the delay.
Joe White, an attorney from the Cumberland County Bar, told the appellate panel that the jury reached legally inconsistent verdicts in the case of Mr. Davenport and asked the court to reverse the attempted second-degree murder conviction. "He fires through a wooden door 7 times," White said, "He kills 1 person, injures 2." White argued the jury convicted Davenport of offenses reflecting different mens rea — recklessness and adequate provocation on one count and specific intent on another — which he said is incompatible under precedents the defense cited.
The court's bench pressed the defense on timeliness. A judge noted the notice of appeal appears to have been filed about 250 days…
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