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STATE v. COSTELLO

No. C7-00-436.

646 N.W.2d 204 (2002)

STATE of Minnesota, Respondent, v. Gerard J. COSTELLO, Petitioner, Appellant.

Supreme Court of Minnesota.

June 13, 2002.

Attorney(s) appearing for the Case

Theodora Gaitas (# 271810), Assistant State Public Defender, Minneapolis, MN, for Appellant.

Michael A. Hatch, Minnesota Attorney General, Eileen Wells, Mankato City Attorney, Christopher Cain (# 223797), Assistant Mankato City Attorney, Mankato, MN, for Respondent.

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

OPINION

BLATZ, Chief Justice.

This appeal arises from the conviction of appellant Gerard J. Costello for aggravated driving under the influence of alcohol, driving under the influence of alcohol, driving after cancellation, and giving a false name to a peace officer. We granted review to decide whether the district court erred by allowing jurors to question witnesses during Costello's trial. The court of appeals held that the practice of questioning by jurors...

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