STATE v. CHAVARRIA-CRUZ

No. A08-1036.

784 N.W.2d 355 (2010)

STATE of Minnesota, Respondent, v. José Miguel CHAVARRIA-CRUZ, Appellant.

Supreme Court of Minnesota.

June 30, 2010.


Attorney(s) appearing for the Case

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

David W. Merchant, Chief Appellate Public Defender, St. Paul, MN; and Melissa Sheridan, Assistant State Public Defender, Eagan, MN, for appellant.


OPINION

MAGNUSON, Chief Justice.

José Miguel Chavarria-Cruz was convicted of second-degree intentional murder for the benefit of a gang. Chavarria-Cruz confessed to the crime during a custodial interrogation. At his trial, he argued that the confession was obtained in violation of his right to have an attorney present during questioning and moved to have the confession excluded from evidence. The district...

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