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STATE v. TATE

No. A03-485.

682 N.W.2d 169 (2004)

STATE of Minnesota, Respondent, v. Dennis Edward TATE, Appellant.

Court of Appeals of Minnesota.

June 29, 2004.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, Kelly O'Neill Moller, Jennifer Beens Harper, Assistant Attorneys General, St. Paul, MN; and Janelle Kendall, Stearns County Attorney, St. Cloud, MN, for respondent.

John M. Stuart, State Public Defender, Theodora Gaitas, Assistant Public Defender, Minneapolis, MN, for appellant.

Considered and decided by LANSING, Presiding Judge; WILLIS, Judge; and HUDSON, Judge.

OPINION

WILLIS, Judge.

Appellant challenges his conviction of first-degree assault, arguing that (1) the district court violated his constitutional right to the free exercise of religion by ordering him to "tuck [his cross] inside [his] sweater" during trial, (2) the district court abused its discretion by allowing the state to introduce a statement of appellant's alleged accomplice as substantive evidence under the catchall exception to the hearsay rule...

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