STATE v. SMITH

No. C3-02-96.

674 N.W.2d 398 (2004)

STATE of Minnesota, Appellant, v. Eric NMN SMITH, Respondent.

Supreme Court of Minnesota.

February 12, 2004.


Attorney(s) appearing for the Case

Mike Hatch, Minnesota Attorney General, Amy Klobuchar, Hennepin County Attorney, St. Paul, MN, David C. Brown, Assistant County Attorney, Minneapolis, MN, for Appellant.

John M. Stuart, Minnesota State Public Defender, Sara Lynne Martin, Assistant State Public Defender, Minneapolis, MN, for Respondent.

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


OPINION

BLATZ, Chief Justice.

Appellant, State of Minnesota, appeals from the court of appeals decision, which granted Eric Smith, defendant and respondent, a new trial because the trial court's jury instructions diluted the reasonable doubt standard. We reverse.

On July 14, 2001, two Minneapolis police officers patrolling in a marked squad car spotted Smith driving a blue Chevrolet Blazer bearing the license plate number of a vehicle that had been...

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