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STATE v. WATKINS

No. C6-94-515.

526 N.W.2d 638 (1995)

STATE of Minnesota, Respondent, v. William D. WATKINS, Appellant.

Court of Appeals of Minnesota.

January 31, 1995.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., James P. Spencer, William F. Klumpp, Jr., Asst. Attys. Gen., St. Paul, Roger S. Van Heel, Stearns County Atty., St. Cloud, for respondent.

John M. Stuart, State Public Defender, Bruce L. McLellan, Sp. Asst. State Public Defender, Minneapolis, for appellant.

Considered and decided by KLAPHAKE, P.J., and LANSING and AMUNDSON, JJ.

OPINION

LANSING, Judge.

At a Schwartz hearing following a criminal trial, jurors testified that a court bailiff in the jury room referred to one of the defense attorneys as "that darky" and that jurors referred to the African-American defendant as a "darky" or "that darky" during deliberations. These references gave rise to an unrebutted presumption of prejudice to the defendant's Fifth and Sixth Amendment rights, and we reverse and remand for a new...

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