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Originally Posted by secondcurve
The supposed trespasser got the go ahead from the niece who gave old Ward a call, ......
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That fact is not supported in the appeal
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During her drive to the property, she became lost and stopped at the
home of the defendant’s niece, where she asked for directions. The niece told
her that the most direct route to the property was Emerson Path to Yukon
Trail, and then a road to the left with a small bridge over a stream. The niece
told her that if she passed a white “job trailer,” she was on the wrong property
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The niece only gave directions and a warning.
One troubling phrase that was repeated through the appeal was:
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Viewing the evidence in the light most favorable to the State,..
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Since defendant is presumed innocent until proven guilty it is the state that has the burden of proof. Trial judge and appeal judge(s) can not place the burden on defendant and view evidence in favor of the state.
Seems like there were a few more errors by appeal justices too.