Idaho v. Herrera

Joseph Herrera appealed his conviction for second-degree murder after a second trial. On appeal, Herrera argued: (1) the State vindictively prosecuted him by adding a sentencing enhancement; (2) the district court erred when it failed to conduct a sufficient inquiry into his request for substitution of appointed counsel; (3) the district court abused its discretion when it overruled objections to a detective’s testimony regarding gunshot residue analysis; (4) the State committed prosecutorial misconduct in closing arguments; (5) the accumulation of errors deprived him of a right to a fair trial; and (6) the district court judge imposed a vindictive sentence after the second trial. After review of the second trial record, the Idaho Supreme Court found no reversible errors and affirmed Herrera’s conviction and sentence. View "Idaho v. Herrera" on Justia Law