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STATE v. KRASKY

No. A04-2011.

736 N.W.2d 636 (2007)

STATE of Minnesota, Appellant, v. Edward Richard KRASKY, Respondent.

Supreme Court of Minnesota.

August 9, 2007.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, Kelly O'Neill Moller, Asst. Attorney General, St. Paul, MN, Boyd Beccue, Kandiyohi County Attorney, Willmar, MN, for appellant.

Mary M. McMahon, McMahon & Associates Criminal Defense, Ltd., Roseville, MN, for respondent.

Nancy A. Wiltgen, Leonard, Street and Deinard PA, Minneapolis, MN, Gail Chang Bohr, Children's Law Center of Minnesota, St. Paul, MN, for amicus curiae Children's Law Center of MN.

Alice Anna Phillips, Alexandria, VA, Victor Vieth, Winona, MN, for amicus curiae American Prosecutors Research Institute.

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

OPINION

MEYER, Justice.

Appellant State of Minnesota appealed from a pretrial order barring admission of statements made to a nurse by a child victim, T.K., who was incompetent to testify at trial by reason of her young age. The court of appeals reversed, holding that admission of the statements would not violate the Confrontation Clause rights of respondent Edward Richard Krasky, and Krasky appealed. We vacated and remanded for reconsideration in light...

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