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STATE v. CARNEY

No. C5-01-977.

649 N.W.2d 455 (2002)

STATE of Minnesota, Respondent, v. Mark John CARNEY, Appellant.

Supreme Court of Minnesota.

August 22, 2002.

Attorney(s) appearing for the Case

Roy George Spurbeck, Assistant State Public Defender, Minneapolis, MN, for Appellant.

Natalie E. Hudson, Assistant Attorney General, St. Paul, MN, Lisa Nelson Borgen, Clay County Attorney, Moorhead, MN, for Respondent.

Heard, considered, and decided by the court en banc.

OPINION

STRINGER, J.

Mark John Carney (appellant) was convicted of premeditated first-degree murder for killing John Voeller (Voeller) after confirming that Voeller was having an affair with appellant's wife Sheila Carney. At trial appellant requested a jury instruction on the lesser-included offense of first-degree heat-of-passion manslaughter under Minn.Stat. § 609.20(1) (2000). The district court denied the request and the jury found appellant guilty...

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