Appellate Law

Today, Tuesday, November 16, 2010, the Supreme Court is scheduled to hear oral argument in three cases:

• State v. Neil Matthew Sargeant
  
  • Whether the trial court erred by taking verdicts on two theories as to the charge of first degree murder while the jury continued deliberations on a third.
    
  • Whether the trial court erred by excluding a hearsay statement under the catch-all provision of Rule 804(b)(5)
    
• In the Matter of HND
  
  • Whether the failure of the trial court to make a finding that the alleged conditions caused the juvenile some physical, mental, or emotional impairment, or create a substantial risk of such impairment, to sustain an adjudication of neglect is reversible error.
    
  • Whether a proper review of a trial court's finding of neglect entails a determination of (1) whether the findings of fact are supported by clear and convincing evidence; and (2) whether the legal conclusions are supported by the findings of fact.
    
• State v. Artives Jerod Freeman
  
  • Whether the trial court correctly permitted defendant's counsel to decline to exercise a preemptory challenge when the defendant, who determined to not be capable of representing himself, disagreed with this decision and the impasse was brought to the attention of the court.