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STATE v. HOLMES

No. A07-1445.

758 N.W.2d 326 (2008)

STATE of Minnesota, Respondent, v. Nosakhere HOLMES, Appellant.

Court of Appeals of Minnesota.

December 9, 2008.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, MN, and Michael O. Freeman, Hennepin County Attorney, Linda M. Freyer, Assistant County Attorney, Minneapolis, MN, for respondent.

Lawrence Hammerling, Chief Appellate Public Defender, Lydia Villalva Lijó, Assistant Public Defender, St. Paul, MN, for appellant.

Considered and decided by STONEBURNER, Presiding Judge; SHUMAKER, Judge; and STAUBER, Judge.

OPINION

STAUBER, Judge.

Appellant challenges his conviction of first-degree burglary and third-degree assault, arguing that he is entitled to a new trial because (1) the district court abused its discretion by admitting photographs of a witness's injuries that were not inflicted by appellant and who was not a victim of the charges against appellant; (2) the district court committed plain error by admitting a pole or pipe into evidence when the state failed...

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