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STATE v. BORG

No. A09-0243.

806 N.W.2d 535 (2011)

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

Supreme Court of Minnesota.

As Amended on Denial of Rehearing November 14, 2011.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, Kelly O'Neill Moller , Assistant Attorney General, St. Paul, MN; and Jan Jude , Mille Lacs County Attorney, Milaca, MN, for appellant.

David W. Merchant , Chief Appellate Public Defender, Jodie L. Carlson , Assistant State Public Defender, St. Paul, MN, for respondent.

OPINION

ANDERSON, G. BARRY, Justice.

A Mille Lacs County jury found Brett David Borg guilty of third-degree criminal sexual conduct, Minn.Stat. § 609.344, subd. 1(d) (2002). The district court allowed a police officer to testify in the State's case in chief that Borg did not respond to a mailed request for an interview by the officer. The court of appeals reversed Borg's conviction, concluding that the district court erred when it allowed the officer...

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