Boney appeal issues - wave3.com-Louisville News, Weather & Sports

Boney appeal issues

  1. Jury instruction error
    Boney's attorneys claimed the judge's first error was denying a jury instruction on accomplice liability. In other words, all the jury had to determine was that Charles Boney assisted David Camm by providing the gun used to kill Camm's family. Renn argued Boney already admitted giving Camm the gun. He wanted the jury instruction to state that they believed Boney knowingly gave Camm the gun to be used in the murders.

  2. Police denied right to attorney during Boney questioning
    Their second argument was that during police questioning, Boney asked for a lawyer. Despite that, investigators continued asking questions and Boney kept talking. The judge allowed those statements into evidence.

  3. Potential African-American juror removed from jury pool
    The judge allowed prosecutors to strike one of the few prospective African American jurors. During his trial, Boney's attorney argued that, other than race, the state couldn't come up with a constitutional reason to strike that person from the jury pool.

  4. Motion for mistrial based on improper testimony denied
    The judge denied the motion for a mistrial despite repeated witness testimony during trial that Boney had been previously been in jail. That information was supposed to be kept from the jury.

  5. Motion for mistrial based on allegations of juror misconduct denied
    The judge's denial of a mistrial despite claims from other jurors that one person on the panel was guilty of misconduct after the trial had begun. Specifically, other jurors reported that one juror used racial slurs.
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