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STATE OF MINNESOTA IN SUPREME COURT A05-2519 A07-2195 St. Louis County Anderson, Paul H., J. Took no part, Magnuson, C.J.,

State of Minnesota, Respondent, vs. Franklin Alan Miller, Appellant, Filed: August 21, 2008 Office of Appellate Courts Franklin Alan Miller, Petitioner-Appellant, vs. State of Minnesota. Respondent. ________________________

Lawrence Hammerling, Chief Appellate Public Defender, Michael F. Cromett, Assistant State Public Defender, Office of the State Public Defender, St. Paul, Minnesota, for appellant. Lori Swanson, Minnesota Attorney General, Kelly O'Neill Moller, Assistant Attorney General, Office of the Attorney General, St. Paul, Minnesota, and Melanie S. Ford, St. Louis County Attorney, Duluth, Minnesota, for respondent. ________________________

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SYLLABUS The district court did not err when it denied defendant's motion to dismiss the grand jury indictment against defendant because exculpatory evidence that was not disclosed to the grand jury would not have materially affected the grand jury proceedings. The district court properly excluded evidence of prior bad acts by an alternative perpetrator because the acts were not established by clear and convincing evidence; and even though the court erred in excluding other prior bad acts evidence, defendant was not prejudiced by this error. A new trial is not warranted because the defendant was not prejudiced by the district court's erroneous admission of hearsay statements of the victim's fear of the defendant. The State's failure to disclose all of its contacts with a witness and the witness's complete criminal history record violated the rules of discovery and Brady v. Maryland, but the error does not warrant the grant of a new trial to the defendant. The defendant's claim that the State committed prosecutorial misconduct by failing to correct false testimony at trial lacks merit because the testimony cited by the defendant was not false. Defendant's trial counsel was not ineffective for failing to further investigate the criminal background of a State witness. Affirmed.

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OPINION ANDERSON, Paul H., Justice. A Saint Louis County jury found Franklin Alan Miller guilty of two counts of first-degree murder and two counts of kidnapping for the July 2004 kidnapping and death of Travis Holappa. The district court convicted Miller for first-degree murder committed in the course of kidnapping, Minn. Stat.

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