First degree felony assault

CASE LAW UPDATE:  Whether it was not error to exclude evidence of civil lawsuit?    

A six (6) month old child was injured at defendant’s daycare.  A jury found defendant guilty and she was convicted of 1st degree assault.  Defendant appealed.  On appeal, defendant argued that the trial court abused its discretion by precluding evidence about the child’s parents’ civil suit for monetary damages against defendant.  The Minnesota Court of Appeals noted that evidence of a civil lawsuit could be relevant, but then so would the related bankruptcy and insurance policy, which would lead to a trial within a trial.  That would unduly confusing to a jury.  Accordingly, it was proper to exclude this evidence.  Affirmed.

State v. Gregor, A20-0141, Scott County.

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

By |2021-03-20T00:07:17+00:00March 20th, 2021|Victories/Case Law Updates|0 Comments

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