Posts Tagged ‘drug charges lawyer’

Hearsay

Monday, November 19th, 2018

Statements against interest hearsay exception

Defendant challenged his convictions of, and sentences for, driving while impaired (DWI), and fifth degree controlled substance possession, raising two issues.  First, he sought a new trial based on the trial court's decision to exclude hearsay evidence, which he alleged qualified under the exception for a statement against the declarant's interest.  Second, he sought modification of one sentence, arguing his conviction arose from the same behavioral incident and that the trial court erred in determining the sentence.  The Minnesota Court of Appeals held that the trial court did not abuse its discretion in excluding the statement by an unavailable declarant, made on the eve of trial, alleging the declarant was actually driving the vehicle.  Affirmed.

State v. Whitaker, A17-1662, Hennepin County.

Lynne Torgerson, Esq. was not attorney of record in this case.

Jury instructions

Friday, November 16th, 2018

Lesser included offenses

Defendant challenged his conviction for attempted second degree intentional murder, arguing that he was entitled to a jury instruction on the lesser included offense of first degree assault.  The Minnesota Court of Appeals held that first degree assault is not a lesser included offense of attempted second degree murder.  Affirmed.

State v. Steurer, A17-1737, Ramsey County.

Lynne Torgerson, Esq. was not attorney of record in this case.


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