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STATE v. HARRIS

No. C7-95-453.

533 N.W.2d 35 (1995)

STATE of Minnesota, Plaintiff, v. Mark Orlando HARRIS, Defendant.

Supreme Court of Minnesota.

June 16, 1995.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, and Michael O. Freeman, Hennepin County Atty., J. Michael Richardson, Asst. County Atty., Minneapolis, for plaintiff.

Frederick J. Goetz, Minneapolis, for defendant.

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

OPINION

KEITH, Chief Justice.

This is a pretrial appeal in a criminal prosecution of defendant for murder in the first degree. Defendant's first trial resulted in his being convicted of murder in the first degree. We awarded him a new trial in State v. Harris, 521 N.W.2d 348 (Minn.1994), because of prosecutorial misconduct at the first trial. Defendant then moved in district court for a dismissal of the indictment...

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