STATE v. COLBERT

No. A05-855.

716 N.W.2d 647 (2006)

STATE of Minnesota, Respondent, v. Darryl COLBERT, Appellant.

Supreme Court of Minnesota.

July 6, 2006.


Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Michael F. Cromett, Assistant State Public Defender, Minneapolis, MN, for Appellant.

Mike Hatch, Attorney General, St. Paul, MN, Amy Klobuchar, Hennepin County Attorney, David C. Brown, Assistant County Attorney, Minneapolis, MN, for Respondent.

Heard, considered and decided by the court en banc.


OPINION

PAGE, Justice.

On December 26, 2003, Robert Mitchell was shot and killed on the 2800 block of Columbus Avenue in Minneapolis. Appellant Daryl Colbert was arrested and indicted for first-degree premeditated murder in violation of Minn.Stat. § 609.185(a)(1) (2004), and second-degree intentional murder in violation of Minn. Stat. § 609.19, subd. 1(1) (2004), for Mitchell's death. Colbert was tried before a Hennepin County jury in November...

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