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MICHAEL DOUGLAS NEALY v. STATE OF MARYLAND

Criminal procedure — Jury instruction — Hot-blooded response

Following a five-day jury trial in the Circuit Court for Prince George’s County, Michael Douglas Nealy, appellant, was convicted of the second degree murder of Jakari Rashaad Butler. The court sentenced appellant to thirty years incarceration.

In his timely filed appeal, appellant presents four questions for our consideration, which we have reworded as follows: 1. Did the trial court abuse its discretion when it refused to grant appellant’s motion for mistrial following the State’s alleged discovery violation? 2. Did the trial court abuse its discretion when it refused to instruct the jury on hot-blooded response to legally adequate provocation? 3. Did the trial court abuse its discretion in regulating the State’s closing argument? 4. Was the evidence legally sufficient to sustain the jury’s verdict?

Read the opinion here: