STATE v. BERNARDI

No. A03-608.

678 N.W.2d 465 (2004)

STATE of Minnesota, Respondent, v. Jason Lee BERNARDI, Appellant.

Court of Appeals of Minnesota.

April 27, 2004.


Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN, and Robert M.A. Johnson, Anoka County Attorney, Marcy Crain, M. Katherine Doty, Assistant Anoka County Attorneys, Anoka, MN, for respondent.

Daniel Guerrero, Meshbesher & Spence, Ltd., Minneapolis, MN, for appellant.

Considered and decided by SHUMAKER, Presiding Judge; KALITOWSKI, Judge; and MINGE, Judge.


OPINION

GORDON W. SHUMAKER, Judge.

Appellant challenges his conviction of first-degree assault—use of deadly force against a peace officer, arguing that there is insufficient evidence to convict him of that crime; that an out-of-court statement made by an unavailable declarant should have been admissible under the hearsay exception in Minn. R. Evid. 804(b)(5); and that the district court erred in prohibiting defense counsel from commenting in closing...

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