The Nebraska Supreme Court has ordered a new trial for a man convicted of fatally stabbing another at a 2010 party in Norfolk.
The state's high court on Friday overturned the second-degree murder conviction of 23-year-old De'Aris Trice, who was sentenced to 40 years-to-life in prison for killing 27-year-old Timothy Warren.
The high court cited faulty instructions to Trice's jury. The jury was instructed to convict Trice of second-degree murder if it found beyond a reasonable doubt that he had killed intentionally, but without premeditation. Only if prosecutors failed to prove one of those elements could it consider whether Trice had committed manslaughter, a lesser offense.
The jury should have been allowed to consider whether the killing was intentional but provoked by a sudden quarrel, therefore constituting manslaughter.
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