Prior statements in 1st degree criminal sexual conduct trial

Are prior inconsistent statements admissible in 1st degree criminal sexual conduct conviction?

Defendant challenged his convictions of 1st degree criminal sexual conduct and contributing to the delinquency of a child, arguing that the trial court plainly erred by admitting the victim’s out of court statements as evidence at his jury rial on the offenses, alleging they were inconsistent with the victim’s trial testimony.  Defendant did not object to the admission of those statements.  The Minnesota Court of Appeals concluded that defendant failed to establish that the trial court’s failure to exclude the challenged statements sua sponte–after he expressly agreed to their admission–was error that was clear of obvious.  Affirmed.

State v. Haddock, A18-2026, Nobles County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

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