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

Eddy was shot from behind by two men wearing stocking masks. The attack occurred in the stairwell of the apartment building where Eddy lived. Antoine Mitchell (D) and Ellis were later identified as the perpetrators. D was charged with a laundry list of crimes and convicted of attempted second-degree murder, first-degree assault, use of a handgun, conspiracy to commit second-degree murder and conspiracy to commit first-degree assault. The court granted D's motion for judgment of acquittal as to the charges of first degree attempted murder, conspiracy to commit first-degree murder and possession of a firearm by a convicted felon. The jury acquitted D of second-degree assault. This appeal followed.

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