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STATE v. BENEDICT

No. C8-86-194.

397 N.W.2d 337 (1986)

STATE of Minnesota, Petitioner, Appellant, v. Todd Richard BENEDICT, Respondent.

Supreme Court of Minnesota.

December 12, 1986.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Rebecca Howes Hamblin, Crim. Div., St. Paul, John C. Hoffman, Mille Lacs Co. Atty., Milaca, for appellant.

Jerome D. Ciresi, St. Paul, for respondent.

Considered and decided by the court en banc without oral argument.

AMDAHL, Chief Justice.

We granted the petition of the state for review of the decision of the Court of Appeals, 393 N.W.2d 36, granting defendant a new trial on sexual assault charges involving a young boy. The Court of Appeals reasoned that the trial court erred in refusing to grant a post-trial Schwartz hearing into the issue of juror misconduct and that remanding for a Schwartz...

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