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STATE v. ROBINSON

No. A04-840.

718 N.W.2d 400 (2006)

STATE of Minnesota, Respondent, v. Andre ROBINSON, Appellant.

Supreme Court of Minnesota.

Rehearing Denied August 4, 2006.

Attorney(s) appearing for the Case

Mike Hatch, Minnesota Attorney General, Saint Paul, MN, Amy Klobuchar, David C. Brown, Hennepin County Attorney's Office, Minneapolis, MN, for Respondent.

Davi E. Axelson, Assistant State Public Defender, Minneapolis, MN, for Appellant.

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

OPINION

HANSON, Justice.

Appellant Andre Robinson appeals from his conviction of third-degree assault against F.T., the mother of his children. At trial F.T. testified that Robinson caused her injuries but did so accidentally, which was contrary to what she initially told two hospital nurses. Robinson argues that the district court erred in allowing the substantive admission of F.T.'s statements to the nurses under the medical diagnosis

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