STATE v. BOBADILLA

No. A03-1891.

709 N.W.2d 243 (2006)

STATE of Minnesota, Appellant, v. Orlando Manuel BOBADILLA, Respondent.

Supreme Court of Minnesota.

February 9, 2006.


Attorney(s) appearing for the Case

Mike Hatch, Atty. Gen., John Gallus, Kelly O'Neill Moller, Asst. Attys. Gen., St. Paul, Boyd Beccue, Kandiyohi Cty. Atty., Wilmar, for appellants.

John E. Mack, Mack & Daby, P.A., New London, for respondents.

Victor Vieth, Director, American Prosecutors Research Institute National Child Protection Training Center, Winona, for amicus curiae American Prosecutors Research Institute in Support of Appellant State of Minnesota.

Karen Long, Sexual Violence Justice Institute of Minnesota Coalition Against Sexual Assault, Minneapolis, for amicus curiae Minnesota Coalition Against Sexual Assault in Support of State.

John M. Stuart, State Public Defender, Lawrence Hammerling, Deputy State Public Defender, Sara L. Martin, Asst. State Public Defender, Minneapolis, for amicus curiae Minnesota State Public Defender's Office in Support of Orlando Manuel Bobadilla.

Teresa J. Nelson, American Civil Liberties Union of Minnesota, St. Paul, Howard S. Carp, Volunteer Atty. on behalf of American Civil Liberties Union of Minnesota, Minneapolis, for amicus curiae American Civil Liberties Union of Minnesota.

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


OPINION

ANDERSON, RUSSELL A., Chief Justice.

Orlando Manuel Bobadilla was convicted of first-degree criminal sexual conduct and sentenced to 144 months in prison following a jury trial in Kandiyohi County. On appeal, the court of appeals reversed his conviction and remanded for a new trial, concluding that, pursuant to Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), the admission at trial...

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