CASE LAW UPDATE: Whether evidentiary errors entitle defendant to a new trial?
Defendant was convicted of ineligible person in possession of ammunition and second degree sale of heroin. Defendant appealed. On appeal defendant argued that he is entitled to a new trial on the grounds of multiple evidentiary errors. The Minnesota Court of Appeals held there was no plain error by allowing the State to offer defendant’s messages and parking lot activities to prove a necessary element of the sale of heroin charge, and, that defendant’s text messages were not admitted to prove the truth of their contents, but to contextualize defendant’s messages.
State v. Freeman, A20-0192, Hennepin County.
Minneapolis Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.