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STATE OF MINNESOTA IN SUPREME COURT A06-1743

Ramsey County

Gildea, J. Dissenting, Page and Anderson, Paul H., JJ.

State of Minnesota, Respondent, vs. Moua Her, Appellant. ________________________ Lori Swanson, Attorney General, St. Paul, Minnesota; and Susan Gaertner, Ramsey County Attorney, Mitchell L. Rothman, Assistant County Attorney, St. Paul, Minnesota, for respondent. Suzanne M. Senecal-Hill, Assistant State Public Defender, Minneapolis, Minnesota, for appellant. ________________________ SYLLABUS Because Giles v. California, 128 S. Ct. 2678 (2008), changed the law in Minnesota regarding the standard for application of the forfeiture-by-wrongdoing doctrine in a murder case, remand to the district court for an evidentiary hearing is required to assess whether appellant forfeited his Confrontation Clause claim. Remanded for further proceedings consistent with this opinion. 1 Filed: May 6, 2010 Office of Appellate Courts

OPINION GILDEA, Justice. A Ramsey County jury found appellant Moua Her guilty of murdering his estranged wife Sheng Vang. The district court convicted Her of first-degree domestic abuse murder under Minn. Stat.

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Minnesota Law