STATE v. CLOBES

No. C7-87-1606.

422 N.W.2d 252 (1988)

STATE of Minnesota, Appellant, v. James Richard CLOBES, Respondent.

Supreme Court of Minnesota.

Rehearing Denied May 9, 1988.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Robert Johnson, Anoka Co. Atty., Marcy S. Crain, Anoka, for appellant.

Phillip S. Resnick, Minneapolis, for respondent.

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


AMDAHL, Chief Justice.

The sole issue for us to decide is whether the prosecutor's failure to disclose certain evidence that might have been used to impeach a key prosecution witness justifies granting defendant a new trial on felony assault charges. Disagreeing with the Court of Appeals, we reverse the award of a new trial and reinstate the judgment of conviction.

This case grew out of a love triangle involving defendant, Sherri Luoma and Dr. David Fashingbauer...

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