AZURE v. STATE

No. A04-2211.

700 N.W.2d 443 (2005)

Joseph Allen AZURE, petitioner, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

July 21, 2005.


Attorney(s) appearing for the Case

Samuel A. McCloud, McCloud & Boedigheimer, P.A., Shakopee, MN, W. Harvey Skees, Paul Egtvedt, Egtvedt & Skees, LLP, Minneapolis, MN, for Appellant.

Mike Hatch, Minnesota State Attorney General, Kelly O'Neill Moller, Assistant Attorney General, St. Paul, MN, Joseph A. Evans, Becker County Attorney, Detroit Lakes, MN, for Respondent.

Considered and decided by the court en banc without oral argument.


OPINION

ANDERSON, PAUL H., Justice.

On September 21, 1999, a Becker County District Court jury found appellant Joseph Allen Azure guilty of the first-degree premeditated murder of David King. On direct appeal, Azure claimed that the judge who presided over his trial should have removed himself in accordance with Azure's oral pretrial request. We affirmed Azure's conviction. State v. Azure, 621 N.W.2d 721 (Minn.2001...

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