Dunston v. the State (two Cases)

Summary

The court affirmed both defendants’ felony-murder and attempted-marijuana-sale convictions, holding that the evidence allowed the jury to find that each defendant knowingly participated in an attempted robbery and that the shooting was a foreseeable consequence of that criminal conduct. The court also held that alleged juror misconduct was harmless beyond a reasonable doubt, that the challenged juror was not shown to be substantially impaired, and that the joint trial was not so prejudicial as to deny due process. The court rejected Dunston’s proximate-cause jury-instruction claim and McCabe’s ineffective-assistance claims. There are no separate opinions.