· 3/9/2022
McCain, Steven Dale
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- evidence that elderly and handicapped victim struck defendant twice during robbery did not support sudden combat charge
- no reasonable provocation where elderly disabled victim punched defendant in face twice before defendant strangled him
- “A defense counsel’s strategic decisions do not constitute ineffective assistance of counsel unless they are ‘manifestly unreasonable’ ” [citations omitted]
- although defendant testified that victim struck him twice, no reasonable jury could have accepted suggestion that he was provoked into brutal killing
- in choking murder of elderly disabled man, provocation “untenable” despite defendant’s testimony that victim had twice punched him in face
- although defendant testified that victim struck defendant twice, “no reasonable jury could have accepted the suggestion that the defendants were provoked into the brutal killing”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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