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STATE OF MINNESOTA IN SUPREME COURT A07-2275

Court of Appeals

Page, J. Dissenting, Gildea, C.J., and Dietzen, J. Took no part, Stras, J.

State of Minnesota, Appellant, vs. Mohammed Gazizamil Al-Naseer, Respondent. ________________________ Lori Swanson, Attorney General, Tibor M. Gallo, Assistant Attorney General, St. Paul, Minnesota; and Brian Melton, Clay County Attorney, Moorhead, Minnesota, for appellant. David W. Merchant, Chief Appellate Public Defender, Roy G. Spurbeck, Assistant State Public Defender, St. Paul, Minnesota, for respondent. ________________________ SYLLABUS 1. The heightened scrutiny applied to circumstantial evidence is not limited to Filed: September 16, 2010 Office of Appellate Courts

cases in which every element required for conviction was proven entirely by circumstantial evidence. Instead, the heightened scrutiny applies to any disputed element of the conviction that is based on circumstantial evidence.

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If from the circumstances proved it can reasonably be inferred that a driver

did not know he had been in an accident with a person or another vehicle, the evidence is insufficient to support a conviction of criminal vehicular homicide (leaving the scene) under Minn. Stat.

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Minnesota Law