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STATE v. McCOY

No. C4-02-1788.

682 N.W.2d 153 (2004)

STATE of Minnesota, Appellant, v. Tyrone S. McCOY, Respondent.

Supreme Court of Minnesota.

July 1, 2004.

Attorney(s) appearing for the Case

Michael A. Hatch, Minnesota Attorney General, Susan Gaertner, Ramsey County Attorney, Jeanne L. Schleh, Assistant Ramsey County Attorney, Dawn Renee Burlingame, St. Paul, MN, for Appellant.

Roy G. Spurbeck, Assistant State Public Defender, Minneapolis, MN, for Respondent.

Beverly Balos, Kristine Kroenke, Minneapolis, MN, for Amicus Curiae, Minnesota Coalition for Battered Women.

Carolyn Page Ham, Minneapolis, MN, for Amicus Curiae, Battered Women's Justice Project.

Cheryl Thomas, Minneapolis, MN, for Amicus Curiae, Minnesota Advocates for Human Rights.

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

OPINION

GILBERT, Justice.

In this case, we are asked to resolve whether evidence of similar conduct by the accused against an alleged victim of domestic abuse may be admitted against the accused under Minn.Stat. § 634.20 (2002) without first being established by clear and convincing evidence. Respondent Tyrone S. McCoy was convicted of misdemeanor domestic assault of his wife. Prior to trial, the district court ruled that the state could admit evidence...

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