Assault with great bodily harm

CASE LAW UPDATE:  Whether evidence of defendant’s alcohol consumption in assault case was relevant as to his judgment?    

Defendant was convicted of 1st degree assault, the infliction of great bodily harm upon his 5 month old son.  The evidence showed that the injuries occurred while defendant was home alone with his 2 infant children.  Medical evidence also showed that the injuries resulted from non-accidental, abusive, physical trauma.  Defendant appealed.  On appeal, defendant argued that the trial court erred in admitting evidence:  (1) of his alcohol consumption, and (2) his prior domestic abuse of his girlfriend.  The Minnesota Court of Appeals concluded the trial court did not abuse its discretion in admitting evidence of alcohol consumption on the grounds that it was relevant to defendant’s judgment, conduct, and credibility of details of incident; and (2) that defendant was not unfairly prejudiced by evidence that he previously assaulted his ex-girlfriend.  Affirmed.

State v. Damian, A20-0450, Meeker County.

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

By |2021-03-15T02:15:44+00:00March 15th, 2021|Victories/Case Law Updates|0 Comments

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