S-12-0256, State v. Dontavis C. McClain (Appellant)
Douglas County, Judge W. Mark Ashford
Attorneys: Sean M. Conway (Dornan Lustgarten & Troia PCLLO) (Appellant) --- Erin E. Tangeman (Attorney General’s Office)
Criminal: Count I: First Degree Murder; Count II: Use of a Weapon to Commit a Felony and Count III: Conspiracy
Proceedings below: A jury found Appellant guilty of the above crimes. He was sentenced to life in prison for first degree murder with a 1 to 50 year sentence for use of a weapon and a 10 to 10 year sentence for conspiracy. The sentence in Count I was ordered to be served consecutively to Counts II. The sentence in Count II was ordered to be served consecutively to the sentences in Counts I and III. The sentence in Count III was ordered to be served concurrently to Count I.
Issues: I. The district court erred in admitting certain DNA evidence. II. The district court erred in overruling Appellant's motion to suppress. III. The improper admission of Appellant's confession and certain DNA evidence at trial was not harmless error. IV. The district court erred in failing to instruct the jury regarding lesser included offenses. v. The district court erred in finding there was sufficient evidence to convict Appellant of the crimes charged. VI. Appellant received ineffective assistance of counsel