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.