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STATE v. ZAIS

No. A10-1020.

790 N.W.2d 853 (2010)

STATE of Minnesota, Appellant, v. Thomas Allen ZAIS, Respondent.

Court of Appeals of Minnesota.

November 30, 2010.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, MN; and Paul D. Baertschi , Tallen & Baertschi, Minneapolis, MN, for appellant.

William Ward , Fourth District Chief Public Defender, James A. Kamin , Assistant Public Defender, Minneapolis, MN, for respondent.

Considered and decided by CONNOLLY, Presiding Judge; LANSING, Judge; and KALITOWSKI, Judge.

OPINION

LANSING, Judge.

This appeal is from the district court's pretrial order in a prosecution for disorderly conduct, concluding as a matter of law that, absent Thomas Zais's consent, his wife, Debra Zais, may not testify against him. Because we conclude that Debra Zais's testimony comes within the exception to the marital testimonial privilege in Minn.Stat. § 595.02, subd. 1(a) (2008), which permits spousal testimony in a criminal action or proceeding...

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