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STATE v. ELLINGTON

No. 33843.

253 P.3d 727 (2011)

STATE of Idaho, Plaintiff-Respondent, v. Jonathan W. ELLINGTON, Defendant-Appellant.

Supreme Court of Idaho, Boise, April 2011 Term.

May 27, 2011.

Attorney(s) appearing for the Case

Molly J. Huskey , State Appellate Public Defender, Boise, for appellant. Erik R. Lehtinen argued.

Hon. Lawrence G. Wasden , Attorney General, Boise, for respondent. Mark W. Olson argued.

W. JONES, Justice.

I. NATURE OF THE CASE

Jonathan Ellington appeals from his convictions for one count of second-degree murder and two counts of aggravated battery. He argues on appeal that prosecutorial misconduct, evidentiary errors, a biased jury, and the cumulative-error doctrine entitle him to a new trial. We find merit in several of Mr. Ellington's assignments of error at trial, but we grant a new trial to Mr. Ellington on the basis that the district...

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