P. v. Rastogi CA4/3
Appellant Shalabh Rastogi strangled his wife several weeks after finding out she was having an affair with another man. At trial, he claimed he acted in the heat of passion brought on by his wife’s deceitful and adulterous behavior, but the jury found him guilty of first degree premeditated murder. He now contends: 1) There is insufficient evidence to support that finding; 2) his statements to the police were obtained in violation of Miranda v. Arizona (1966) 384 U.S. 436 (Miranda); 3) the trial court erred in allowing expert testimony on how long it takes a person to lose consciousness and die from strangulation; 4) the exclusion of certain evidence about the victim infringed his right to a fair trial; and 5) cumulative error compels reversal. Finding no basis to reverse, we affirm the judgment.
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