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STATE v. ASHBY

No. C2-96-1567.

567 N.W.2d 21 (1997)

STATE of Minnesota, Respondent, v. Theodore Sherman ASHBY, Appellant.

Supreme Court of Minnesota.

July 10, 1997.

Attorney(s) appearing for the Case

John M. Stuart, Minnesota State Public Defender, Ann McCaughan, Asst. State Public Defender, Minneapolis, for Appellant.

Hubert H. Humphrey, III, Minnesota Attorney General, St. Paul, Midhael D. Freeman, Hennepin County Attorney, Gayle C. Hendley, Asst. Hennepin County Attorney, Minneapolis, for Respondent.

Heard, considered and decided by the court en banc.

OPINION

BLATZ, Justice.

This is an appeal by Theodore Ashby from his conviction for first-degree murder in the shooting death of Leslie Wayne Bryant in the early morning hours of September 10, 1995, in Minneapolis. Ashby was convicted by a Hennepin County jury on May 3, 1996. Ashby raises several issues: (1) that he was deprived of the right to present a defense when the trial court excluded certain evidence that Ashby claims established that a

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