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Appellant was convicted of second-degree murder, assault and a related weapons charge.  Mr. Davis filed this timely appeal in which he raises four questions:

1. Did the trial court err in failing to conduct any inquiry to ascertain whether the jury was impartial after a juror was excused because he said to the prosecutor, “You’re doing a great job,” and a sitting juror allegedly continued to have contact with the juror after he had been excused?

2. Did the trial court err in admitting the prior statement of Miguel Cauthorne?

3. Did the trial court err in excluding evidence of an arson conviction for purposes of impeaching a witness who identified Appellant as the shooter?

4. Did the court err in failing to take any curative action with respect to the improper closing and rebuttal arguments of the prosecutor?

Read the opinion