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State v. Milk2/23/2000
and if you think it would be helpful it certainly won't offend me.
Mr. Schlimgen: Okay.
The Court: And it's entirely possible that you point out something that I'm either unaware of or have forgotten in terms of things to consider. And I don't want to miss anything in this case so don't be bashful about pointing out whatever you think is appropriate.
[ ] Dr. Langenfeld had already examined Milk at the time of the hearing. This case does not involve a simple oversight, but an affirmative choice to proceed with the resentencing hearing without Dr. Langenfeld's testimony Milk now argues is so essential. Based upon this record, the trial court's refusal to reopen the hearing did not work an injustice on Milk's case. We find no abuse of discretion, and therefore affirm.
[ ] MILLER, Chief Justice, and SABERS, AMUNDSON, and KONENKAMP, Justices, concur.
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