Top Court Orders New Trial in Homicide Case
Darius Dubarry was serving concurrent terms of 20-to-life for depraved indifference murder and intentional murder on a transferred intent theory.
On April 7, 2015, the Court of Appeals reversed his conviction and ordered a new trial for two reasons. First, the Court unanimously held that a defendant cannot be convicted of depraved indifference murder and intentional murder on a transferred intent theory in a case involving the death of the same person and, therefore, that the trial court erred in submitting both charges in the conjunctive rather than in the alternative.
Second, in a 4-3 decision, the Court held that the admission into evidence of certain grand jury statements of a non-testifying witness violated defendant's Sixth Amendment right to confrontation.
Denise Corsi briefed and argued the case in the Court of Appeals.