Minnesota Lawyer
Criminal
Assault
Transferred Intent
Following a bench trial, defendant was convicted of first-degree premeditated murder and second-degree assault fear. Defendant raised three issues on direct appeal. First, defendant argued that the District Court violated the accomplice corroboration statute when it found that he committed the murder with premeditation. Second, defendant contended that the District Court erroneously excluded evidence he proffered to impeach one of the State’s witnesses. Finally, defendant argued that the District Court erred by relying on the doctrine of transferred intent to find him guilty of second-degree assault fear.
The Supreme Court held that (1) the District Court did not violate the accomplice corroboration statute, Minn. Stat. § 634.04, in finding defendant guilty of first degree premeditated murder when the record did not support a finding that the witnesses played a knowing role in the crime; (2) the District Court did not abuse its discretion in excluding impeachment evidence proffered by defendant when the evidence was not probative of untruthfulness; and (3) the District Court erred by relying on the doctrine of transferred intent to find defendant guilty of second-degree assault fear, and that error was not harmless beyond a reasonable doubt. Affirmed in part, reversed in part, and remanded.
A22-0229 State v. Spann (St. Louis County)
Orders
Attorney Discipline
Reinstatement
Kenneth E. Keate was conditionally reinstated to the practice of law.
Rules of Criminal Procedure
Amendment
The Supreme Court promulgating amendments to Rule 26.03 to permit juries to view audio and video evidence in the jury room during deliberations when appropriate and feasible. The amendments are effective July 3, 2023.
ADM10-8049 Order Promulgating Amends. to Minn. R. Crim. P.
