STATE v. STALLINGS

No. C6-91-127.

478 N.W.2d 491 (1991)

STATE of Minnesota, Petitioner, Appellant, v. James Dwight STALLINGS, Respondent.

Supreme Court of Minnesota.

Rehearing Denied January 28, 1992.


Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Steven R. Russett, Asst. Public Defender, St. Paul, for respondent.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, and Thomas J. Foley, Ramsey County Atty., Steven C. DeCoster, Asst. County Atty., St. Paul, for appellant.

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


COYNE, Justice.

The issue on this criminal appeal is whether, as a divided court of appeals held, the trial court prejudicially erred in denying a defense request to admit hearsay evidence under Minn.R.Evid. 804(b)(5), the second of the two so-called "catchall" exceptions to the hearsay rule [the other being R. 803(24)]. State v. Stallings, 474 N.W.2d 645 (Minn.App.1991). We hold that the trial court did not abuse its discretion...

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