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State of Minnesota, Appellant, vs. Said Moussa Gouleed, Respondent. A04-700, Supreme Court, September 7, 2006.

STATE OF MINNESOTA IN SUPREME COURT A04-700 Court Appeals Meyer, J. of

Dissenting, Page, J. State of Minnesota, Appellant, vs. Filed: September 7, 2006 Office of Appellate Courts Said Moussa Gouleed, Respondent.

SYLLABUS District court did not abuse its discretion in ordering a mistrial in a felony murder case where a defense expert failed to disclose testing of autopsy slides that formed the basis of his opinion that the victim's critical injuries were inflicted days before her death. The retrial of the defendant did not unconstitutionally subject him to double jeopardy where the record in the first trial established a manifest necessity for a mistrial. Reversed in part and remanded. Heard, considered, and decided by the court en banc. OPINION MEYER, Justice. Said Moussa Gouleed was found guilty of second-degree unintentional felony murder for the death of his 6week-old daughter. He was retried after the district court in the first trial sua sponte ordered a mistrial because of a discovery violation by the defense's expert witness. The court of appeals reversed the orders declaring a mistrial and denying the motion to bar a retrial, and reversed Gouleed's conviction. [1] We determine that the record of the first

trial showed a manifest necessity for a mistrial because Gouleed's expert failed to disclose testing he had done related to a critical evidentiary issue in the trial, and we conclude that Gouleed was not unconstitutionally subjected to double

file:///C|/Users/Peter/Desktop/opinions/opa040700-0907.htm[4/16/2013 9:02:56 PM]

State of Minnesota, Appellant, vs. Said Moussa Gouleed, Respondent. A04-700, Supreme Court, September 7, 2006.

jeopardy. We reverse the court of appeals in part, reinstate Gouleed's conviction, and remand for resentencing. At about 7:30 p.m. on November 8, 2002, Gouleed's wife took the couple's 2

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Minnesota Law