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STATE OF MINNESOTA IN SUPREME COURT A06-1476

Ramsey County

Anderson, Paul H., J. Dissenting, Page, J. Took no part, Magnuson, C.J., Dietzen, J.

State of Minnesota, Respondent, vs. Larry Larue Clark, Appellant. ________________________ Filed: August 28, 2008 Office of Appellate Courts

Lawrence Hammerling, Chief Appellate Public Defender, Gurdip Singh Atwal, Assistant State Public Defender, Office of the State Public Defender, Saint Paul, Minnesota, for appellant. Susan Gaertner, Ramsey County Attorney, Jeanne L. Schleh, Assistant Ramsey County Attorney, Saint Paul, Minnesota, for respondent. ________________________

SYLLABUS An assistant county attorney is authorized to attend grand jury meetings for the purposes of framing indictments and examining witnesses, and the fact that an assistant county attorney framed an indictment does not render the indictment or subsequent conviction legally deficient.

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Reversal of the defendant's conviction is necessary to ensure fairness and the integrity of the judicial process when the district court did not instruct the jury on the corroboration requirement for accomplice testimony under circumstances where the jury could reasonably conclude that the witness is an accomplice. A reasonable jury could conclude that evidence in the record is sufficient to restore confidence in the truth of the accomplice's testimony. The evidence, including the accomplice's testimony, was sufficient for a reasonable jury to conclude that the defendant was guilty of the charged offenses. The district court did not err by instructing the jury that the State was not required to prove that the defendant was aided and abetted or conspired with the specific individual identified in the indictment. The district court did not err when it admitted evidence of another crime for the limited purposes of showing absence of mistake or identity as joint actors. Reversed and remanded. OPINION ANDERSON, Paul H., Justice. A Ramsey County jury found Larry Larue Clark guilty of first-degree premeditated murder while aiding and abetting or being aided and abetted by another in violation of Minn. Stat.

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Minnesota Law