This section contains the nature of the case and procedural background.

Kellar and his wife, Barbara, went to a pub and struck up a conversation with D and his girlfriend Deborah Morabito. The couples drank beer and talked for three or four hours and then went back to the Kellars' home where they continued to party and drink beer in the backyard. According to nine-year-old Jamie, Barbara's son, the two men fought over a can of beer during the evening. D and Jamie walked down a nearby dirt road to shoot off fireworks that D had in his van. D then played tag with Jamie in the yard. During the game of tag, D pulled Jamie away from the van door, put him on the ground, took a knife out of his pocket, and warned Jamie not to step on the door again. Jamie told no one about the incident and went into the house to play Nintendo. Kellar escorted Morabito into the house so that she could use the bathroom. During their absence, D put his hand down Barbara's shirt. She pushed D away. When Kellar and Morabito returned from the house a few minutes later, they joined Barbara at the van and the three continued their conversation. Suddenly D pulled Kellar away and backed him up to the house. Kellar began to holler and moan as D stabbed him. Barbara ran to assist her husband when he fell to the ground. She threw her body over his and D struck her several times with a knife. Jamie came outside in time to see Kellar and D fighting. He saw D stabbing his stepfather and his stepfather trying to push D away. While D was driving away from the scene, he hit a tree and the Kellars' truck. Kellar died from his stab wounds. Kellar had six stab wounds, including two defensive wounds to his forearm and hand, a deep stab wound to the right chest, and one to his right back. Kellar's blood-alcohol level was .22. Deputies stopped D's van on an adjacent street shortly after the stabbing. Barbara identified D and D was read his rights. D appeared to be intoxicated but had no trouble understanding the deputy or responding to questions. D admitted that a knife found in Morabito's coat pocket was his and that he had used the knife to stab Kellar. D claimed he thought Kellar had a gun and attacked Kellar to protect himself. D was charged with premeditated murder. D moved for a judgment of acquittal based on the failure of P to produce any evidence of premeditation. It was denied. D was convicted of first-degree murder and a death sentence was imposed. D appealed.

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