Man appeals homicide conviction in death of exchange student
Source: Associated Press
Man appeals homicide conviction in death of exchange student
Published: December 29, 2015
HELENA, Mont. (AP) A Missoula man serving a 70-year prison sentence for shooting and killing a German exchange student in his garage is appealing his conviction, arguing jurors were not properly instructed about justifiable use of force and that pre-trial news coverage biased the jury.
Paul Ryan filed the appeal with the Montana Supreme Court on behalf of 31-year-old Markus Kaarma on Monday. Kaarma was convicted last December in the April 2014 death of 17-year-old Diren Dede. Kaarma was sentenced in February after District Judge Ed McLean denied a motion for a new trial.
Ryan argued McLean also was wrong in failing to remove a juror who said she was more inclined to believe law enforcement testimony, in allowing Kaarma's girlfriend to testify that he had previously assaulted her and in allowing blood splatter testimony that the defense had not been told about.
Read more: http://www.tbo.com/ap/national/man-appeals-homicide-conviction-in-death-of-exchange-student-ap_national7053063edcaf4a3c8d2e5d3ded555ad0
(Short article, no more at link.)
Ford_Prefect
(7,918 posts)How is this LBN? Ryan appealed the case in May 2015.
There is so much more to this story:
For example: Markus Kaarma's neighbors: 'It was just a matter of time'
http://www.greatfallstribune.com/story/news/local/2015/02/08/markus-kaarmas-neighbors-just-matter-time/23085305/
AtheistCrusader
(33,982 posts)No excuse.
Judi Lynn
(160,601 posts)Markus Kaarma lawyers call for new trial
Posted: Dec 29, 2015 3:14 PM CST
Updated: Dec 29, 2015 7:08 PM CST
By Jackie Coffin
MISSOULA -
Alleged community bias and improper jury instructions are at the heart of the argument for Markus Kaarmas defense attorneys, as they call on the Montana Supreme Court to overturn Kaarmas 2014 murder conviction and award him a new trial.
Kaarma, 31, was found guilty of deliberate homicide in the shooting death of 17-year-old German exchange student, Diren Dede, in Kaarmas Grant Creek garage in the early hours of April 27, 2014.
In February 2015, Kaarma was sentenced to 70 years in prison for Dedes death, and shortly after Kaarmas defense attorney, Paul Ryan, announced his plans to appeal the case and sentence.
In a 70-page opening brief filed Monday with the Montana Supreme Court, Ryan says the Missoula District Court committed five fundamental errors in Kaarmas case, each warranting a reversal of his conviction.
More:
http://www.kulr8.com/story/30848246/markus-kaarma-lawyers-call-for-new-trial
Ford_Prefect
(7,918 posts)The law firm representing Kaarma held a press conference today to celebrate filing the last of the paperwork, which they used to make it sound like it is a new appeal. They have been filing papers and working the process since April.
https://supremecourtdocket.mt.gov/search/case?case=17740#
Case Information
Case Number: DA 15-0214
Jurisdiction: Supreme Court
Original Court: Missoula County District Court
Case Type: Direct Appeal - Homicide-Deliberate
Short Title: State v. Kaarma
Full Title: STATE OF MONTANA, Plaintiff and Appellee, v. MARKUS HENDRIK KAARMA, Defendant and Appellant.
Citation: --
Case Filing Date: 04/02/2015
Origination Court Case Number: DC-14-252
The brief they mention is but one part of what was filed since April this year. The claims made are not new and were discussed in a previous appeal which was declined by the presiding judge.
http://missoulian.com/news/local/judge-issues-written-order-denying-new-trial-for-kaarma/article_c99ded8e-6c8b-5345-9e39-04e3b0ccd90a.html
Kaarma has a right to appeal. However the real cause for this one is to get one more day in court for the "stand your ground" movement.
The NRA and the Ammunition lobby have funded this to the hilt. Any coverage at this point is well past the sell by date no matter what the attorneys have to say about it.
Kaarma set a trap and murdered the man in cold blood, as the evidence showed and as the witnesses testified. The details of the process of the trial might be worthy of appropriate review but the jury was quite clear in what they said, and the evidence supported their conclusions. There is no grey area about Kaarma's actions or motive, or the alleged threat posed by the man he murdered.
Please do not waste any more time on this one. It's a sham to get Stand Your Ground into court once more and has nothing to do with Kaarma's legal rights. As a subject it is certainly old news.