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The evidence of premeditation was sufficient to support a conviction of first-degree premeditated murder.

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Circumstantial evidence is entitled to the same weight as any other evidence so long as the circumstances proved are consistent with the hypothesis that the accused is guilty and inconsistent with any rational hypothesis other than guilt. Having carefully reviewed the record, we conclude that Leake has not met this burden.

In his pro se supplemental brief, Leake also argues that his conviction must be overturned because: 1 Phpne verdicts of not guilty of second-degree intentional murder and guilty of first-degree premeditated murder are legally inconsistent; 2 the prosecutor committed misconduct in closing argument; and 3 the grand jury and trial testimony were inconsistent. Smith, we addressed whether the heinous crime statute, at issue here, violated the rule in Apprendi. Leake was charged with premeditated first-degree murder in violation of Minn.

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There was no predominant contributor to this mixture, and The statute does not distinguish between force and coercion, indicating that the presence of either—or both—satisfies the requirement. Leake argues that his sentence is unconstitutional under Apprendi, U. Fisher had few defensive wounds.

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Washington, N. Griller, N.

Behling also testified that, to her knowledge, Fisher did not give Leake a key to the apartment. In Apprendi, the defendant pleaded guilty to possession of a firearm for an unlawful purpose. Q: Okay.

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On appeal, Leake argues that the evidence was insufficient to prove premeditation beyond a reasonable doubt and that his sentence is unconstitutional under Apprendi v. The evidence admitted at trial established that Fisher was stabbed at least 17 Pietre. Merrill, N.

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During their investigation, police and crime lab technicians searched the apartment and the surrounding area for evidence. July 6, ; State v.

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Because a presumption of regularity attaches sex an indictment, a defendant bears a heavy burden when seeking to overturn an indictment, particularly after the defendant has been found guilty beyond a reasonable doubt. Behling testified that when Leake got together with Fisher, Pierre would usually call Fisher late at night, come to the back door of the apartment building, and be let in by Fisher. The red-handled paring knife and the ni bread knife were never recovered.

See State v. New Jersey, U. When Leake arrived, he and Fisher went phone.

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In this case, after the jury found Leake guilty of first-degree premeditated murder, the trial court held a post-trial evidentiary hearing in connection with sentencing and, while noting potential problems under Apprendi v. The Juelfs rule has consistently been applied by the Minnesota Court of Appeals when a defendant is convicted of one offense ih acquitted of another.

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Accordingly, Leake was sentenced under the heinous crime statute, Minn. Leake did not object to these statements at trial or request cautionary instructions.

Newman, N. She spoke to him briefly, but did not notice any injury to his right hand. Lucca, F. He told her that he had cut his hand on a piece of glass while taking out the garbage. Bradford, N.

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A person serving a life term generally is eligible for supervised release after serving 30 years. In the weeks prior to her murder, Fisher expressed frustration to her mother and a sxe, Jenna Nerdby, because Leake would be late for dates or not show up at all. Behling testified at trial that she kept her knife set under her bed in her bedroom, where it was found covered in a layer of dust after the murder.

She also testified that the serrated knife was kept in the kitchen and she had seen it there a few weeks before the murder. While character attacks during closing arguments are improper, State v. The element of premeditation distinguishes first-degree murder from second-degree murder. Deutschlander testified that at a.

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This is an individual that looks at women as objects. Fatal wounds cut through her spinal cord, vertebral arteries, jugular vein, and vena cava. The trial court then convicted Leake of first-degree murder and sentenced him to life without the possibility of release. Specifically relevant to this case, we have held that the of blows inflicted on the victim standing alone is not sufficient to support a finding of premeditation, State v.