S-13-0105, State v. Marquis Patton (Appellant)
Douglas County, Judge J. Michael Coffey
Attorneys: Nathan Liss (Attorney General’s Office) --- Thomas C. Riley (Public Defender)
Criminal: Count I, First Degree Murder; Count II, Use of a Deadly Weapon to Commit a Felony
Proceedings below: A jury found Appellant guilty of both counts. The trial court sentenced Appellant to life in prison on Count I with a consecutive sentence of 5 to 15 years on Count II. He was granted 567 days credit for time served as to Count II.
Issues: (1) The trial court erred and violated Appellant’s right to confront witnesses against him when it limited cross examination of 2 States’ witnesses about the possible penalty of life imprisonment that they faced if they failed to cooperate by testifying against Appellant. (2) The failure of the State to disclose or acknowledge plea agreements with critical witnesses for the State violated Appellant’s right to a fair trial under the Due Process clauses. (3) The trial court erred and deprived Appellant of due process when it sustained the State’s objection and precluded Appellant from adducing evidence from the attorneys for the State’s witnesses concerning agreements made with the State about leniency for the witnesses in exchange for their testimony. (4) The trial court erred by precluding Appellant from presenting evidence that Gusman and Elseman planned and committed two prior home invasion robberies. (5) The court erred when precluding Appellant from presenting evidence during cross examination of the bias of the State’s witness Cassandra Moyer who would have testified that she believed the family of the deceased blamed her for the homicide.