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   State Courts - Minnesota - July 3, 2007

  
State v. Scurry, A06-1065, COURT OF APPEALS OF MINNESOTA, July 3, 2007, Filed
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Overview: In appellant's trial for first-degree criminal sexual conduct, the district court properly excluded evidence of the victim's allegation of earlier sexual abuse by a person other than appellant because it qualified as sexual conduct for purposes of applying the rape-shield statute, Minn. Stat. § 609.347, and neither statutory exception applied.

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State v. Vonderharr, A06-2421, COURT OF APPEALS OF MINNESOTA, July 3, 2007, Filed
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Overview: District court's order requiring the state to produce a records custodian to provide foundation for admitting Department of Public Safety (DPS) records was reversed and remanded; because the DPS records were not prepared for the purpose of prosecuting the driver, they were not testimonial evidence that implicated the Confrontation Clause.

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State v. Walker, A06-522, COURT OF APPEALS OF MINNESOTA, July 3, 2007, Filed
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Overview: Defendant's second-degree assault conviction was reversed as the trial court's decision to allow him to be impeached by a prior second-degree assault conviction under Minn. R. Evid. 609 reasonably discouraged defendant from testifying, and there was a reasonable possibility that the ruling affected the outcome of the trial.

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State v. Weaver, A06-551, COURT OF APPEALS OF MINNESOTA, July 3, 2007, Filed
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Overview: Defendant's conviction for second-degree unintentional felony murder in violation of Minn. Stat. § 609.19, subd. 2(1) was improper because laboratory test results were testimonial and defendant had no opportunity to cross-examine the laboratory technician, whose identity was unknown. Thus, it was in error to allow testimony regarding the results.

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