Evidence Cases in Minnesota - October 2017

November 3, 2017

Impeachment – Generic Felony Affirming defendant’s conviction of unlawful possession of a firearm, the Court finds no error in the District Court allowing the State to impeach the defendant with two felony convictions without referencing the nature of the felonies (sanitized convictions) with the same standard being applied to a prosecution witness. State v. Bares-Stewart

Prior False Accusations The Court reverses a denial of post-conviction relief following defendant’s convictions for 4th and 5th degree criminal sexual conduct. The Court should have held an evidentiary hearing on whether the defendant was entitled to relief based upon newly discovered evidence. State v. Kottke

Vouching Testimony Claimed In defendant’s trial for violating a harassment restraining order, an officer testified that he told the defendant he did not believe him that the communication was an accident. The Court finds that this did not constitute improper vouching testimony and affirms the conviction for violating a harassment restraining order. State v. Clark

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