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STATE v. CONGER

No. C3-01-699.

652 N.W.2d 704 (2002)

STATE of Minnesota, Respondent, v. Douglas Arthur CONGER, petitioner, Appellant.

Supreme Court of Minnesota.

November 7, 2002.

Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Susan J. Andrews, Theodora Gaitas, Asst. State Public Defenders, Minneapolis, MN, for Appellants.

Mike Hatch, Attorney General, John B. Galus, Asst. Attorney General, St. Paul, MN, David Hauser, Otter Tail County Attorney, Fergus Falls, MN, for Respondents.

HEARD, considered, and decided by the court en banc.

OPINION

MEYER, Justice.

Douglas A. Conger was convicted of two counts of criminal sexual conduct in the second degree stemming from allegations that he inappropriately touched his daughter, A.C. At Conger's trial, Detective Brian Fox testified that Conger answered Fox's inquiry into the allegations by saying "[i]f my daughter said it happened, it must have happened."

Conger appealed his conviction, claiming that his statement to Detective Fox should...

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