State v. Gillies

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a determination that a prior conviction involves the use or threat of violence requires an analysis of the statutory definition of the prior offense
• finding of pecuniary gain not proper where, even though money and credit cards were taken, defendant’s primary purpose was to eliminate the victim as a witness to her own rape
• noting the victim’s credibility “was of considerable importance” when there were no witnesses to the alleged crime
• finding (F)(5) aggravator not established when defendant confessed that purpose of murdering rape victim was to eliminate her as a witness to her own rape, not to steal credit cards and cash
• precluding the State from calling the victim of a prior crime to testify that it had been committed with violence on the grounds that the court would not “allow what is, in effect, a second trial on defendant’s prior conviction....”
• court remanded for resentencing after three of four aggravating circumstances found by the trial judge were invalidated on appeal

Source: CourtListener parenthetical corpus (CC0).