STATE v. DANA

No. C4-87-350.

422 N.W.2d 246 (1988)

STATE of Minnesota, Petitioner, Appellant, v. Brian Eugene DANA, Respondent.

Supreme Court of Minnesota.

April 15, 1988.


Attorney(s) appearing for the Case

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

C. Paul Jones, Jonathan C. Steinberg, Minneapolis, for respondent.

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


OPINION

AMDAHL, Chief Justice.

The main issues on appeal in this prosecution for child sex abuse relate to Minn. Stat. § 595.02, subd. 3 (1986), which is a legislatively-created exception to the hearsay rule for certain out-of-court statements made by children under the age of 10 who are the victims of sexual assaults. The court of appeals ruled, inter alia, that the trial court erred in deciding the issue of the admissibility of testimony regarding...

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