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STATE v. ZAIS

No. A10-1020.

805 N.W.2d 32 (2011)

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

Supreme Court of Minnesota.

October 26, 2011.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, Minnesota; and Paul D. Baertschi , Tallen and Baertschi, Minneapolis, Minnesota, for respondent.

William Ward , Chief Hennepin County Public Defender, James A. Kamin , Assistant Public Defender, Minneapolis, Minnesota, for appellant.

OPINION

DIETZEN, Justice.

This case requires us to decide what information the court should consider in determining whether the crime exception to the marital privilege statute in Minn. Stat. § 595.02, subd. 1(a) (2010), applies to the charged offense of disorderly conduct. Appellant Thomas Zais (Zais) was charged, in part, with the offense of disorderly conduct based on a November 15, 2009, incident. Before trial, Zais moved to exclude the proposed...

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