Minnesota Supreme Court Digest: May 20, 2026

Minnesota Lawyer//May 21, 2026//

The Supreme Court chamber at the State Capitol

The Minnesota Supreme Court chamber at the State Capitol. (File photo: Bill Klotz)

Minnesota Lawyer//May 21, 2026//

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Criminal

Right to Confrontation

Waiver

Defendant sought to reversal of his attempted second-degree murder, first-degree assault, and second-degree assault convictions because he did not personally waive his right to confront an adverse witness before the State submitted a transcript of the witness’s prior testimony against defendant at trial. Defendant argued that the District Court plainly erred by treating his attorney’s agreement to admit the witness’s prior testimony as a valid waiver of defendant’s confrontation rights guaranteed by the Sixth Amendment. The Court of Appeals rejected this argument.

The Supreme Court held that the District Court did not plainly err in admitting a transcript of an adverse witness’s prior testimony at defendant’s criminal trial without the defendant’s personal waiver of his Sixth Amendment confrontation right. Affirmed.

A23-1919 State v. Nelson (Court of Appeals)