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STATE v. JOON KYU KIM

No. C4-85-828.

398 N.W.2d 544 (1987)

STATE of Minnesota, Appellant, v. JOON KYU KIM, Respondent.

Supreme Court of Minnesota.

January 2, 1987.

Attorney(s) appearing for the Case

Steven C. DeCoster, Asst. Co. Atty., Hubert H. Humphrey, III, Atty. Gen., St. Paul, for appellant.

Douglas W. Thomson, Deborah Ellis, St. Paul, for respondent.

William P. Kennedy, Chief Henn. County Pub. Defender, David Knuston, 1st Asst., Philip D. Dust, Asst., David Warg, MN Trial Lawyers Assoc., Minneapolis, Hubert H. Humphrey, III, Atty. Gen., Paul P. Kempainen, Asst., St. Paul, C. Paul Jones, State Public Defender, Kathy King, Mark F. Anderson, Assts., Minneapolis, for amicus curiae.

Heard, considered and decided by the court en banc.

WAHL, Justice.

This appeal questions the standard that governs state appeals of pretrial orders in criminal prosecutions as well as the propriety of the trial court ruling in this case. Joon Kyu Kim is charged with accomplishing sexual penetration by use of force or coercion in violation of Minn.Stat. §§ 609.344(c) and 609.345(c) (1984). At a pretrial hearing, the state proferred scientific evidence in the form of blood test results linking Kim to semen...

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