P. v. Shivers CA1/2
In 2017, defendant David Shivers fatally shot Rodney Lee after an argument that began when Shivers asked Lee to move his car. A jury found Shivers guilty of second-degree murder and being a felon in possession of a firearm. Shivers appeals, making four arguments: (1) the trial court erred in failing to define the terms “initial aggressor” and “starts a fight” in one jury instruction; (2) the trial court erred in allowing a readback of certain testimony requested by the jury in the absence of defense counsel; (3) the jury committed misconduct by learning of the issuance of a shelter-in-place order on March 16, 2020, the final day of their deliberations, and the trial court erred in its response to the jury’s question about how that order would affect deliberations; and (4) the police violated due process by allowing a server allegedly holding a recording of an interview with a key prosecution witness to be destroyed. We reject the arguments, and we affirm.
Comments on P. v. Shivers CA1/2