By Bonita Wilborn
In a recent motion filed by the Attorneys for Byron Keith Shirey, convicted in 2021 for the 2017 death of his father, Charles Shirey, a new trial is being sought due to their statement that jury instruction on “intent”, proposed by the state and given by the court, was erroneous and prejudicial.
In the motion, Shirey’s attorneys stated that the court instructed the jury, at the state’s request and over properly preserved objection by Shirey. The motion’s quoted the instruction as follows, “Intent may be formed by an instant. It need not be preplanned or premeditated. The requisite intent may be formed immediately before a crime is committed.
The motion further stated, “When the court instructed the jury that the murder can be intentional even if not ‘premediated,’ that added confusion, which a reasonable listener would resolve by taking away a misunderstanding of the law.”
Also stated in the motion is that the court erred in dismissing a juror during trial based on concerns about his residency. The court also erred in dismissing prospective jurors based on residency concerns.
Circuit Judge John Graham has granted a hearing on the matter that will be held on Thursday, March 24, at 10:00 AM. Determination of a new trial will be forthcoming after Thursday’s hearing.
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