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STATE v. AL-NASEER

No. A05-1394.

734 N.W.2d 679 (2007)

STATE of Minnesota, Appellant, v. Mohammad G. AL-NASEER, Respondent.

Supreme Court of Minnesota.

July 12, 2007.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, and Kelly O'Neill Moller, Assistant Attorney General, Saint Paul, MN, Brian J. Melton, Clay County Attorney, Moorehead, MN, for Respondent.

John M. Stuart, State Public Defender, and Theodora Gaitas, Assistant State Public Defender, Office of the Public Defender, Minneapolis, MN, for Appellant.

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

OPINION

HANSON, Justice.

The issue before us involves the mens rea element of the crime of criminal vehicular homicide for leaving the scene of an accident that caused the death of a human being. The district court found respondent Mohammad G. Al-Naseer guilty of the crime based on the finding that Al-Naseer knew that he had been involved in an accident. The court of appeals reversed, holding that the mens rea element required that the state prove beyond...

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