STATE v. BORG

No. A09-243.

780 N.W.2d 8 (2010)

STATE of Minnesota, Respondent, v. Brett David BORG, Appellant.

Court of Appeals of Minnesota.

March 9, 2010.


Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, MN; and Jan Kolb, Mille Lacs County Attorney, Milaca, MN, for respondent.

Marie Wolf, Interim Chief Public Defender, Jodie L. Carlson, Assistant Public Defender, St. Paul, MN, for appellant.

Considered and decided by MINGE, Presiding Judge; SCHELLHAS, Judge; and STAUBER, Judge.


OPINION

STAUBER, Judge.

Appellant challenges his conviction of third-degree criminal sexual conduct on the grounds that: (1) the evidence was insufficient to sustain his conviction; (2) the district court erred in ruling that the state could elicit evidence of appellant's pre-arrest silence in the state's case-in-chief before appellant testified; (3) the prosecutor engaged in prejudicial misconduct; (4) the district court abused its discretion in refusing...

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